[
  {
    "created_at": "2025-10-17T20:10:21.475763Z",
    "text": "Section 149) **Short title, commencement and application to Scilly Isles.**\n\n1) This Act may be cited as the Mental Health Act 1983. \n2) Subject to subsection (3) below and Schedule 5 to this Act, this Act shall come into force on 30th September 1983. \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Section 130(4) of the  National Health Service Act 1977 (which provides for the extension of that Act to the Isles of Scilly) shall have effect as if the references to that Act included references to this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/149",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/149",
    "legislation_id": "ukpga/1983/20",
    "title": "Short title, commencement and application to Scilly Isles.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 149,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.494491Z",
    "text": "SCHEDULE 4 Consequential Amendments Section 148. \n1)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In section 10(3) of the  Colonial Prisoners Removal Act 1884 for the words “section seventy-one of the Mental Health Act 1959”, “section seventy-two” and “section seventy-four” there shall be substituted respectively the words “\n              section 46 of the Mental Health Act 1983\n       ” , “\n              section 47\n       ” and “\n              section 49\n       ” . \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) In sections 4(1) and 11(3)(b) of the  Polish Resettlement Act 1947 for the words “the Mental Health Act 1959” there shall be substituted the words “\n              the Mental Health Act 1983\n       ” . \n9)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) In section 116(7) of the  Army Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “\n              section 46 of the Mental Health Act 1983\n       ” and “\n              within the meaning of the Mental Health Act 1983\n       ” . \n11) In section 116(7) of the  Air Force Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “\n              section 46 of the Mental Health Act 1983\n       ” and “\n              within the meaning of the Mental Health Act 1983\n       ” . \n12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n13) In section 71(6) of the  Naval Discipline Act 1957 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “\n              section 46 of the Mental Health Act 1983\n       ” and “\n              within the meaning of the Mental Health Act 1983\n       ” . \n14)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n15)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  \n17) In section 5 of the  Administration of Justice Act 1960— \n\ta) in subsection (4) for the words “Part V of the Mental Health Act 1959” and the words “the said Part V” there shall be substituted respectively the words “\n                  Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38)\n         ” and “\n                  the said Part III\n         ” ; and \n\tb) in subsection (4A) for the words “section 31 of the Mental Health (Amendment) Act 1982”, “Part V of the said Act of 1959” and “the said section 31” there shall be substituted respectively “\n                  section 38 of the Mental Health Act 1983\n         ” , “\n                  Part III of the said Act of 1983\n         ” and “\n                  the said section 38\n         ” . \n18) In the  Criminal Procedure (Insanity) Act 1964— \n\ta) in section 8(2) for the words “the Mental Health Act 1959”, “Part V” and “sections 139 to 141” there shall be substituted respectively the words “\n                  the Mental Health Act 1983\n         ” , “\n                  Part III\n         ” and “\n                  sections 137 to 139\n         ” ; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n19)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n20)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n21) In the  Criminal Justice Act 1967— \n\ta) in section 72(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959 or section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “\n                  section 18, 38(7) or 138 of the Mental Health Act 1983\n         ” ; \n\tb) in section 72(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively the words “\n                  Section 137 of the Mental Health Act 1983\n         ” and “\n                  the said Act of 1983\n         ” ; \n\tc) in section 72(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “\n                  Part III of the Mental Health Act 1983\n         ” , “\n                  section 38 of the said Act of 1983\n         ” and “\n                  Part III of the said Act of 1983\n         ” . \n22)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n23) In the  Criminal Appeal Act 1968— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) in section 8(3) after the words “Part V of the Mental Health Act 1959” there shall be inserted the words “\n                  or under Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38 of that Act)\n         ” ; \n\tc) in section 8(3A)— \n\t\ti) for the words “section 30 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “\n                      section 36 of the Mental Health Act 1983\n           ” ; \n\t\tii) for the words “section 31 of that Act” there shall be substituted the words “\n                      section 38 of that Act\n           ” ; and \n\t\tiii) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “\n                      Part III of that Act\n           ” ; \n\td) in section 11— \n\t\ti) in subsection (5) for the words “the Mental Health (Amendment) Act 1982” there shall be substituted the words “\n                      the Mental Health Act 1983\n           ” ; and \n\t\tii)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) in section 37(4) for the words “Part V of the Mental Health Act 1959” and “the Mental Health Act 1959” there shall be substituted respectively the words “\n                  Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act)\n         ” and “\n                  the Mental Health Act 1983\n         ” ; \n\th) in section 37(4A) for the words “section 30 of the Mental Health (Amendment) Act 1982”, “section 31” and “Part V of the said Act of 1959” wherever they occur there shall be substituted respectively the words “\n                  section 36 of the Mental Health Act 1983\n         ” , “\n                  section 38\n         ” and “\n                  Part III of the said Act of 1983\n         ” ; \n\ti) in section 50(1), for the words from “Part V” to “1982” there shall be substituted the words “\n                  Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Part\n         ” ; \n\tj) in section 51(2) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “\n                  section 145(1) of the Mental Health Act 1983\n         ” ; \n\tk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tl) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tm) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tn) in Schedule 3— \n\t\ti) in the heading to the Schedule for the words “PART V OF MENTAL HEALTH ACT 1959” there shall be substituted the words “\n                      PART III OF MENTAL HEALTH ACT 1983\n           ” ; and \n\t\tii) for paragraph 2 there shall be substituted— *Order for continued detention under Act of 1983*\n\t\t\n\t\t2) Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction. \n24) In the  Courts-Martial (Appeals) Act 1968— \n\ta) in sections 20(4) and 43(4) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “\n                  Part III of the Mental Health Act 1983\n         ” ; \n\tb) in section 23, in subsection (1) for the words “section 71 of the Mental Health Act 1959” there shall be substituted the words “\n                  section 46 of the Mental Health Act 1983\n         ” and in subsection (2) for the words “the Mental Health Act 1959” there shall be substituted the words “\n                  the Mental Health Act 1983\n         ” ; \n\tc) in section 25(4) for the words “the Mental Health Act 1959” there shall be substituted the words “\n                  the Mental Health Act 1983\n         ” . \n25)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n26) In the  Children and Young Persons Act 1969—  \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) in section 12(4) for the words “section 28 of the Mental Health Act 1959”, “Part V” and “the said Act of 1959” there shall be substituted respectively the words “\n                  section 12 of the Mental Health Act 1983\n         ” , “\n                  Part III\n         ” and “\n                  the said Act of 1983\n         ” ; \n\te) in paragraph 7(7) of Schedule 4 for the words from the beginning to “1959” there shall be substituted the words “\n                  A restriction direction which was given under section 49 of the Mental Health Act 1983\n         ” . \n27) In Schedule 1 to the  Local Authorities Social Services Act 1970— \n\ta) in the entry relating to the Mental Health Act 1959, in the first column for the words “Parts II to VI and IX” there shall be substituted the words “\n                  sections 8 and 9\n         ” and for the entry in the second column there shall be substituted the words “\n                  Welfare and accommodation of mentally disordered persons.\n         ” ; \n\tb) there shall be inserted at the end— Mental Health Act 1983 (c. 20)Parts II, III and VIWelfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering.Sections 66, 67, 69(1)Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.Section 114Appointment of approved social workers.Section 115Entry and inspection.Section 116Welfare of certain hospital patients.Section 117After-care of detained patients.Section 130Prosecutions. ; \n\tc) the entry relating to the  Mental Health (Amendment) Act 1982 shall cease to have effect. \n28) In section 57(1) of the  Courts Act 1971 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “\n              Part III of the Mental Health Act 1983\n       ” . \n29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n30)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  \n32)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n33)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n34) In section 12(d) of the  Matrimonial Causes Act 1973 for the words “the Mental Health Act 1959” there shall be substituted the words “\n              the Mental Health Act 1983\n       ” . \n35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n36)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n37)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n38)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n39) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  \n41) In the  Criminal Procedure (Scotland) Act 1975— \n\ta) in sections 13(1)(b) and 322(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959, section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “\n                  section 18, 38(7) or 138 of the Mental Health Act 1983\n         ” ; \n\tb) in sections 13(3) and 322(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively “\n                  Section 137 of the Mental Health Act 1983\n         ” and “\n                  the said Act of 1983\n         ” ; \n\tc) in sections 13(4) and 322(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “\n                  Part III of the Mental Health Act 1983\n         ” , “\n                  section 38 of the said Act of 1983\n         ” and “\n                  Part III of the said Act of 1983\n         ” . \n42) In Part II of Schedule 1 to the  House of Commons Disqualification Act 1975 in the entry relating to Mental Health Review Tribunals for the words “constituted under the Mental Health Act 1959” there shall be substituted the words “\n              constituted or having effect as if constituted under the Mental Health Act 1983\n       ” . \n43) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  \n44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n45)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n46) In section 3(6B) of the  Bail Act 1976 for the words “section 28 of the Mental Health Act 1959” there shall be substituted the words “\n              section 12 of the Mental Health Act 1983\n       ” . \n47)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n48) In section 16A(1)(b)(ii) of the  National Health Service (Scotland) Act 1978 for the words “section 10 of the Mental Health Act 1959” there shall be substituted the words “\n              section 116 of the Mental Health Act 1983\n       ” . \n49) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n51) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n52)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n53)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n54)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n55)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n56)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n57) In the  Contempt of Court Act 1981— \n\ta) in section 14(4) for the words “section 60 of the Mental Health Act 1959” and “section 31 of the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “\n                  section 37 of the Mental Health Act 1983\n         ” and “\n                  section 38 of that Act\n         ” ; and \n\tb) in section 14(4A) for the words “section 29 of the said Act of 1982” there shall be substituted the words “\n                  section 35 of the said Act of 1983\n         ” . \n\tc) in paragraph 10(b) of Schedule 1 for the words “paragraph (b) of subsection (2) of section 76 of the Mental Health Act 1959” there shall be substituted the words “\n                  section 51(5) of the Mental Health Act 1983\n         ” . \n58) In the  Senior Courts Act 1981— \n\ta) in section 48(6)(a) for the words “Part V of the Mental Health Act 1959” and “the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “\n                  Part III of the Mental Health Act 1983\n         ” ; and “\n                  that Act\n         ” ; \n\tb) in section 48(7) for the words “the said Act of 1982” there shall be substituted the words “\n                  the said Act of 1983\n         ” ; and \n\tc) in section 48(8)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “\n                  section 38(7) of the said Act of 1983\n         ” . \n59) In section 13(9) of the  Armed Forces Act 1981 or the words “the Mental Health Act 1959” there shall be substituted the words “\n              the Mental Health Act 1983\n       ” . \n60) In paragraph 9 of Schedule 1 to the  British Nationality Act 1981— \n\ta) in sub-paragraph (1)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “\n                  Part III of the Mental Health Act 1983”\n         ” ; and \n\tb) in sub-paragraph (2)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “\n                  Part III of the Mental Health Act 1983”\n                  .\n         ” \n61) In the  Mental Health (Amendment) Act 1982— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  \n\tb) in section 70(3) for the words “Section 154(2) of the principal Act” there shall be substituted the words “\n                  Section 149(4) of the Mental Health Act 1983”\n         ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/schedule/4",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/schedule/4",
    "legislation_id": "ukpga/1983/20",
    "title": "Consequential Amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.507940Z",
    "text": "SCHEDULE 5 Transitional and Saving Provisions Section 148. \n1) Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run. \n2) Nothing in this Act shall affect the interpretation of any provision of the  Mental Health Act 1959 which is not repealed by this Act and accordingly sections 1 and 145(1) of this Act shall apply to any such provision as if it were contained in this Act. \n3) Where, apart from this paragraph, anything done under or for the purposes of any enactment which is repealed by this Act would cease to have effect by virtue of that repeal it shall have effect as if it had been done under or for the purposes of the corresponding provision of this Act. \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) This Act shall apply in relation to any authority for the detention or guardianship of a person who was liable to be detained or subject to guardianship under the Mental Health Act 1959 immediately before 30th September 1983 as if the provisions of this Act which derive from provisions amended by section 1 or 2 of the  Mental Health (Amendment) Act 1982 and the amendments in Schedule 3 to that Act which are consequential on those sections were included in this Act in the form the provisions from which they derive would take if those amendments were disregarded but this provision shall not apply to any renewal of that authority on or after that date. \n7)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) \n1)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) Section 20(2) of this Act shall have effect in relation to any authority renewed before 1st October 1983 with the substitution for the words “six months” of the words “\n                  one year\n         ” . \n2) Section 20(2) of this Act shall have effect in relation to any authority renewed before 1st October 1983 with the substitution for the words “six months” of the words “\n                  one year\n         ” and for the words “one year” in both places they occur of the words “\n                  two years\n         ” . \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n12)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n13)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n14)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n15) The provisions of this Act which derive from sections 24 to 27 of the  Mental Health (Amendment) Act 1982 shall have effect in relation to a transfer direction given before 30th September 1983 as well as in relation to one given later, but where, apart from this paragraph, a transfer direction given before 30th September 1983 would by virtue of the words in section 50(3) of this Act which are derived from section 24(3) of the Mental Health (Amendment) Act 1982 have ceased to have effect before that date it shall cease to have effect on that date. \n16) The words in section 42(1) of this Act which derive from the amendment of section 66(1) of the  Mental Health Act 1959 by section 28(1) of the Mental Health (Amendment) Act 1982 and the provisions of this Act which derive from section 28(3) of and Schedule 1 to that Act have effect in relation to a restriction order or, as the case may be, a restriction direction made or given before 30th September 1983 as well as in relation to one made or given later, but— \n\ta) any reference to a tribunal under section 66(6) of the said Act of 1959 in respect of a patient shall be treated for the purposes of subsections (1) and (2) of section 77 of this Act in their application to sections 70 and 75(2) of this Act as an application made by him; and \n\tb) sections 71(5) and 75(1)(a) of this Act do not apply where the period in question has expired before 30th September 1983. \n17) Section 91(2) of this Act shall not apply in relation to a patient removed from England and Wales before 30th September 1983. \n18)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n19)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n20) The repeal by the Mental Health (Amendment) Act 1982 of section 77 of the Mental Health Act 1959 does not affect subsection (4) of that section in its application to a transfer direction given before 30th September 1983, but after the coming into force of this Act that subsection shall have effect for that purpose as if for the references to subsection (6) of section 60, Part IV of that Act and the provisions of that Act there were substituted respectively references to section 37(8), Part II and the provisions of this Act. \n21) Any direction to which section 71(4) of the Mental Health Act 1959 applied immediately before the commencement of this Act shall have the same effect as a hospital order together with a restriction order, made without limitation of time. \n22)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n23) For any reference in any enactment, instrument, deed or other document to a receiver under Part VIII of the Mental Health Act 1959 there shall be substituted a reference to a receiver under Part VII of this Act. \n24) Nothing in this Act shall affect the operation of the proviso to section 107(5) of the Mental Health Act 1959 in relation to a charge created before the commencement of this Act under that section. \n25) Nothing in this Act shall affect the operation of subsection (6) of section 112 of the Mental Health Act 1959 in relation to a charge created before the commencement of this Act by virtue of subsection (5) of that section. \n26)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n27) Nothing in this Act shall affect the operation of section 116 of the Mental Health Act 1959 in relation to orders made, directions or authorities given or other instruments issued before the commencement of this Act. \n28) References to applications, recommendations, reports and other documents in section 126 of this Act shall include those to which section 125 of the Mental Health Act 1959 applied immediately before the commencement of this Act and references in section 139 of this Act to the acts to which that section applies shall include those to which section 141 of the said Act of 1959 applied at that time. \n29) The repeal by the Mental Health Act 1959 of the  Mental Treatment Act 1930 shall not affect any amendment effected by section 20 of that Act in any enactment not repealed by the said Act of 1959. \n30) The repeal by the Mental Health Act 1959 of the provisions of the  Lunacy Act 1890 and of the  Mental Deficiency Act 1913 relating to the superannuation of officers or employees shall not affect any arrangements for the payment of allowances or other benefits made in accordance with those provisions and in force on 1st November 1960. \n31) \n1) Any patient who immediately before the commencement of this Act was liable to be detained in a hospital or subject to guardianship by virtue of paragraph 9 of Schedule 6 to the  Mental Health Act 1959 shall unless previously discharged continue to be so liable for the remainder of the period of his treatment current on 1st November 1960. \n2) The patient may before the expiration of the period of treatment referred to in sub-paragraph (1) above apply to a Mental Health Review Tribunal. \n32) Any patient who immediately before the commencement of this Act was liable to be detained or subject to guardianship by virtue of an authority which had been renewed under paragraph 11 of Schedule 6 to the Mental Health Act 1959 shall unless previously discharged continue to be so liable during the period for which that authority was so renewed. \n33) \n1) This paragraph applies to patients who at the commencement of this Act are liable to be detained or subject to guardianship by virtue of paragraph 31 or 32 above. \n2) Authority for the detention or guardianship of the patient may on the expiration of the relevant period, unless the patient has previously been discharged, be renewed for a further period of two years. \n3) Sections 20(3) to (10) and 66(1)(f) of this Act shall apply in relation to the renewal of authority for the detention or guardianship of a patient under this paragraph as they apply in relation to the renewal of authority for the detention or guardianship of the patient under section 20(2). \n4) In this paragraph “the relevant period” means— \n\ta) in relation to a patient liable to be detained or subject to guardianship by virtue of the said paragraph 31, the period of his treatment referred to in that paragraph; \n\tb) in relation to a patient detained by virtue of the said paragraph 32, the period for which authority for the detention or guardianship of the patient has been renewed under paragraph 11 of Schedule 6 to the 1959 Act; \n\tc) in relation to a patient the authority for whose detention or guardianship has previously been renewed under this paragraph, the latest period for which it has been so renewed. \n34) \n1) Any patient who is liable to be detained in a hospital or subject to guardianship by virtue of paragraph 31 above shall (subject to the exceptions and modifications specified in the following provisions of this paragraph) be treated as if he had been admitted to the hospital in pursuance of an application for admission for treatment under Part II of this Act or had been received into guardianship in pursuance of a guardianship application under the said Part II and had been so admitted or received as a patient suffering from the form or forms of mental disorder recorded under paragraph 7 of Schedule 6 to the  Mental Health Act 1959 or, if a different form or forms have been specified in a report under section 38 of that Act as applied by that paragraph, the form or forms so specified. \n2) Section 20 of this Act shall not apply in relation to the patient, but the provisions of paragraph 33 above shall apply instead. \n3) Any patient to whom paragraph 9(3) of Schedule 6 to the Mental Health Act 1959 applied at the commencement of this Act who fell within paragraph (b) of that paragraph shall cease to be liable to be detained on attaining the age of 25 years unless, during the period of two months ending on the date when he attains that age, the responsible medical officer records his opinion under the following provisions of this Schedule that the patient is unfit for discharge. \n4) If the patient was immediately before 1st November 1960 liable to be detained by virtue of section 6, 8(1) or 9 of the  Mental Deficiency Act 1913, the power of discharging him under section 23 of this Act shall not be exercisable by his nearest relative, but his nearest relative may make one application in respect of him to the appropriate tribunal in any period of 12 months. \n35) \n1) The responsible medical officer may record for the purposes of paragraph 34(3) above his opinion that a patient detained in a hospital is unfit for discharge if it appears to the responsible medical officer— \n\ta) that if that patient were released from the hospital he would be likely to act in a manner dangerous to other persons or to himself, or would be likely to resort to criminal activities; or \n\tb) that that patient is incapable of caring for himself and that there is no suitable hospital or other establishment into which he can be admitted and where he would be likely to remain voluntarily; and where the responsible medical officer records his opinion as aforesaid he shall also record the grounds for his opinion. \n2) Where the responsible medical officer records his opinion under this paragraph in respect of a patient, the managers of the hospital or other persons in charge of the establishment where he is for the time being detained or liable to be detained shall cause the patient to be informed, and the patient may, at any time before the expiration of the period of 28 days beginning with the date on which he is so informed, apply to a Mental Health Review Tribunal. \n3) On any application under sub-paragraph (2) above the tribunal shall, if satisfied that none of the conditions set out in paragraphs (a) and (b) of sub-paragraph (1) above are fulfilled, direct that the patient be discharged, and subsection (1) of section 72 of this Act shall have effect in relation to the application as if paragraph (b) of that subsection were omitted. \n36) Any person who immediately before the commencement of this Act was deemed to have been named as the guardian of any patient under paragraph 14 of Schedule 6 to the Mental Health Act 1959 shall be deemed for the purposes of this Act to have been named as the guardian of the patient in an application for his reception into guardianship under Part II of this Act accepted on that person’s behalf by the relevant local authority. \n37) \n1) This paragraph applies to patients who immediately before the commencement of this Act were transferred patients within the meaning of paragraph 15 of Schedule 6 to the  Mental Health Act 1959. \n2) A transferred patient who immediately before the commencement of this Act was by virtue of sub-paragraph (2) of that paragraph treated for the purposes of that Act as if he were liable to be detained in a hospital in pursuance of a direction under section 71 of that Act shall be treated as if he were so liable in pursuance of a hospital order together with a restriction order, made without limitation of time of this Act. \n3) A transferred patient who immediately before the commencement of this Act was by virtue of sub-paragraph (3) of that paragraph treated for the purposes of that Act as if he were liable to be detained in a hospital by virtue of a transfer direction under section 72 of that Act and as if a direction restricting his discharge had been given under section 74 of that Act shall be treated as if he were so liable by virtue of a transfer direction under section 47 of this Act and as if a restriction direction had been given under section 49 of this Act. \n4) Section 84 of this Act shall apply to a transferred patient who was treated by virtue of sub-paragraph (5) of that paragraph immediately before the commencement of this Act as if he had been removed to a hospital under section 89 of that Act as if he had been so removed under the said section 84. \n5) Any person to whom sub-paragraph (6) of that paragraph applied immediately before the commencement of this Act shall be treated for the purposes of this Act as if he were liable to be detained in a hospital in pursuance of a transfer direction given under section 48 of this Act and as if a restriction direction had been given under section 49 of this Act  . . . . \n38) Any patient who immediately before the commencement of this Act was treated by virtue of sub-paragraph (1) of paragraph 16 of Schedule 6 to the Mental Health Act 1959 as if he had been conditionally discharged under section 66 of that Act shall be treated as if he had been conditionally discharged under section 42 of this Act and any such direction as is mentioned in paragraph (b) of that sub-paragraph shall be treated as if it had been given under the said section 42. \n39)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n40) A person who immediately before the commencement of this Act was detained by virtue of paragraph 19 of Schedule 6 to the  Mental Health Act 1959 may continue to be detained until the expiration of the period of his treatment current on 1st November 1960 or until he becomes liable to be detained or subject to guardianship under this Act, whichever occurs first, and may be so detained in any place in which he might have been detained under that paragraph. \n41) Any opinion recorded by the responsible medical officer under the foregoing provisions of this Schedule shall be recorded in such form as may be prescribed by regulations made by the Secretary of State. \n42) \n1) In the foregoing provisions of this Schedule— \n\ta) references to the period of treatment of a patient that was current on 1st November 1960 are to the period for which he would have been liable to be detained or subject to guardianship by virtue of any enactment repealed or excluded by the Mental Health Act 1959, or any enactment repealed or replaced by any such enactment as aforesaid, being a period which began but did not expire before that date; and \n\tb) “the responsible medical officer” means— \n\t\ti) in relation to a patient subject to guardianship, the medical officer authorised by the local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible medical officer; \n\t\tii) in relation to any other class of patient, the registered medical practitioner in charge of the treatment of the patient. \n2) Subsection (2) of section 34 of this Act shall apply for the purposes of the foregoing provisions of this Schedule as it applies for the purposes of Part II of this Act. \n3) The sentence or other period of detention of a person who was liable to be detained or subject to guardianship immediately before 1st November 1960 by virtue of an order under section 9 of the  Mental Deficiency Act 1913 shall be treated for the purposes of the foregoing provisions of this Schedule as expiring at the end of the period for which that person would have been liable to be detained in a prison or other institution if the order had not been made. \n4) For the purposes of the foregoing provisions of this Schedule, an order sending a person to an institution or placing a person under guardianship made before 9th March 1956 on a petition presented under the Mental Deficiency Act 1913 shall be deemed to be valid if it was so deemed immediately before the commencement of this Act by virtue of section 148(2) of the  Mental Health Act 1959. \n43)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n44)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n45)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n46) For the purposes of section 15 of the  National Health Service Reorganisation Act 1973 (preservation of certain boards of governors) any provision of this Act which corresponds to a provision amended by that Act shall be treated as if it were such a provision and any reference in any order for the time being in force under that section to such a provision shall have effect as if it were a reference to the corresponding provision of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/schedule/5",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/schedule/5",
    "legislation_id": "ukpga/1983/20",
    "title": "Transitional and Saving Provisions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
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    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.418715Z",
    "text": "Section 135) **Warrant to search for and remove patients.**\n\n1) If it appears to a justice of the peace, on information on oath laid by an approved mental health professional , that there is reasonable cause to suspect that a person believed to be suffering from mental disorder— \n\ta) has been, or is being, ill-treated, neglected or kept otherwise than under proper control, in any place within the jurisdiction of the justice, or \n\tb) being unable to care for himself, is living alone in any such place, the justice may issue a warrant authorising any constable  . . .  to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him to a place of safety with a view to the making of an application in respect of him under Part II of this Act, or of other arrangements for his treatment or care. \n1A) If the premises specified in the warrant are a place of safety, the constable executing the warrant may, instead of removing the person to another place of safety, keep the person at those premises for the purpose mentioned in subsection (1). \n2) If it appears to a justice of the peace, on information on oath laid by any constable or other person who is authorised by or under this Act or under article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005 to take a patient to any place, or to take into custody or retake a patient who is liable under this Act or under the said article 8 to be so taken or retaken— \n\ta) that there is reasonable cause to believe that the patient is to be found on premises within the jurisdiction of the justice; and \n\tb) that admission to the premises has been refused or that a refusal of such admission is apprehended, the justice may issue a warrant authorising any constable  . . .  to enter the premises, if need be by force, and remove the patient. \n3) A patient who is removed to a place of safety in the execution of a warrant issued under subsection (1) , or kept at the premises specified in the warrant under subsection (1A), may be detained there for a period not exceeding the permitted period of detention . \n3ZA) In subsection (3), “the permitted period of detention” means— \n\ta) the period of 24 hours beginning with— \n\t\ti) in a case where the person is removed to a place of safety, the time when the person arrives at that place; \n\t\tii) in a case where the person is kept at the premises specified in the warrant, the time when the constable first entered the premises to execute the warrant; or \n\tb) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation. \n3A) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the permitted period of detention mentioned in subsection (3) above, take a person detained in a place of safety under that subsection to one or more other places of safety. \n3B) A person taken to a place of safety under subsection (3A) above may be detained there for a period ending no later than the end of the permitted period of detention mentioned in subsection (3) above. \n4) In the execution of a warrant issued under subsection (1) above, a constable shall be accompanied by an approved mental health professional and by a registered medical practitioner, and in the execution of a warrant issued under subsection (2) above a constable may be accompanied— \n\ta) by a registered medical practitioner; \n\tb) by any person authorised by or under this Act or under article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005 to take or retake the patient. \n5) It shall not be necessary in any information or warrant under subsection (1) above to name the patient concerned. \n6) In this section “place of safety” means residential accommodation provided by a local social services authority under Part 1 of the Care Act 2014 or Part 4 of the Social Services and Well-being (Wales) Act 2014  . . . , a hospital as defined by this Act, a police station, an independent hospital or care home for mentally disordered persons or any other suitable place  .... \n7) For the purpose of subsection (6)— \n\ta) a house, flat or room where a person is living may not be regarded as a suitable place unless— \n\t\ti) if the person believed to be suffering from a mental disorder is the sole occupier of the place, that person agrees to the use of the place as a place of safety; \n\t\tii) if the person believed to be suffering from a mental disorder is an occupier of the place but not the sole occupier, both that person and one of the other occupiers agree to the use of the place as a place of safety; \n\t\tiii) if the person believed to be suffering from a mental disorder is not an occupier of the place, both that person and the occupier (or, if more than one, one of the occupiers) agree to the use of the place as a place of safety; \n\tb) a place other than one mentioned in paragraph (a) may not be regarded as a suitable place unless a person who appears to the constable exercising powers under this section to be responsible for the management of the place agrees to its use as a place of safety. \n8) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/135",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/135",
    "legislation_id": "ukpga/1983/20",
    "title": "Warrant to search for and remove patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 135,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.461426Z",
    "text": "Section 145) **Interpretation.**\n\n1) In this Act, unless the context otherwise requires— \n\t- “absent without leave” has the meaning given to it by section 18 above and related expressions (including expressions relating to a patient's liability to be returned to a hospital or other place) shall be construed accordingly;\n\t- “application for admission for assessment” has the meaning given in section 2 above;\n\t- “application for admission for treatment” has the meaning given in section 3 above;\n\t- “the appropriate tribunal” has the meaning given by section 66(4) above;\n\t- “approved clinician” means a person approved by the Secretary of State or another person by virtue of section 12ZA or 12ZB above (in relation to England) or by the Welsh Ministers (in relation to Wales) to act as an approved clinician for the purposes of this Act;\n\t- “approved mental health professional” has the meaning given in section 114 above;\n\t- “care home”— has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; andmeans a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;\n\t- “community patient” has the meaning given in section 17A above;\n\t- “community treatment order” and  “the community treatment order” have the meanings given in section 17A above;\n\t- “the community treatment period” has the meaning given in section 20A above;\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “high security psychiatric services” has the same meaning as in the section 4 of the National Health Service Act 2006 or section 4 of the National Health Service (Wales) Act 2006 ,\n\t- “hospital” means— any health service hospital within the meaning of the  National Health Service Act 2006 or the National Health Service (Wales) Act 2006; andany accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under that Act;; andany hospital as defined by section 206 of the National Health Service (Wales) Act 2006 which is vested in a Local Health Board;\n\t- “hospital within the meaning of Part II of this Act” has the meaning given in section 34 above;\n\t- “hospital direction” has the meaning given in section 45A(3)(a) above;\n\t- “hospital order” and “guardianship order” have the meanings respectively given in section 37 above;\n\t- “independent hospital”— in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, andin relation to Wales, has the same meaning as in the Care Standards Act 2000;\n\t- “interim hospital order” has the meaning given in section 38 above;\n\t- “limitation direction” has the meaning given in section 45A(3)(b) above;\n\t- “Local Health Board” means a Local Health Board established under section 11 of the National Health Services (Wales) Act 2006;\n\t- “local social services authority” means— an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, oran authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales) Act 2014.\n\t- “the managers” means— in relation to a hospital vested in the Secretary of State for the purposes of his functions under the  the National Health Service Act 2006, or in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006,, and in relation to any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under  the National Health Service Act 2006, or of the Welsh Ministers under the National Health Service (Wales) Act 2006, the Secretary of State where the Secretary is responsible for the administration of the hospital orthe  ... ... Local Health Board or Special Health Authority responsible for the administration of the hospital;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in relation to a hospital vested in ... a National Health Service trust,... the trust\n\nin relation to a hospital vested in an \nNHS\n foundation trust, the trust;\nin relation to a hospital vested in a Local Health Board, the Board;in relation to a registered establishment—if the establishment is in England, the person or persons registered as a service provider under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the regulated activity (within the meaning of that Part) relating to the assessment or medical treatment of mental disorder that is carried out in the establishment, andif the establishment is in Wales, the person or persons registered in respect of the establishment under Part 2 of the Care Standards Act 2000;\n\t- and in this definition “hospital” means a hospital within the meaning of Part II of this Act;\n\t- “medical treatment” includes nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care (but see also subsection (4) below);\n\t- “mental disorder” has the meaning given in section 1 above (subject to section 86(4) );\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “nearest relative”, in relation to a patient, has the meaning given in Part II of this Act;\n\t- “patient”  ... means a person suffering or appearing to be suffering from mental disorder;\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “registered establishment” has the meaning given in section 34 above;\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “the regulatory authority” means— in relation to England, the Care Quality Commission;in relation to Wales, the Welsh Ministers;\n\t- “the responsible hospital” has the meaning given in section 17A above;\n\t- “restriction direction” has the meaning given to it by section 49 above;\n\t- “restriction order” has the meaning given to it by section 41 above;\n\t- “Special Health Authority” means a Special Health Authority established under section 28 of the National Health Service Act 2006, or section 22 of the National Health Service (Wales) Act 2006 ;\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “transfer direction” has the meaning given to it by section 47 above.\n1AA) Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act. \n1AB) References in this Act to appropriate medical treatment shall be construed in accordance with section 3(4) above. \n1AC) References in this Act to an approved mental health professional shall be construed as references to an approved mental health professional acting on behalf of a local social services authority, unless the context otherwise requires. \n1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In relation to a person who is liable to be detained or subject to guardianship or a community patient by virtue of an order or direction under Part III of this Act (other than under section 35, 36 or 38), any reference in this Act to any enactment contained in Part II of this Act or in section 66 or 67 above shall be construed as a reference to that enactment as it applies to that person by virtue of Part III of this Act. \n4) Any reference in this Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/145",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/145",
    "legislation_id": "ukpga/1983/20",
    "title": "Interpretation.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 145,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.201312Z",
    "text": "Section 88) **Patients absent from hospitals in England and Wales.**\n\n1) Subject to the provisions of this section, any person who, under section 18 above or section 138 below or under the said section 18 as applied by section 22 above, may be taken into custody in England and Wales may be taken into custody in, and returned to England and Wales from, Northern Ireland . \n2) For the purposes of the enactments referred to in subsection (1) above in their application by virtue of this section, the expression  “constable” includes an officer or constable of the Police Service of Northern Ireland. \n3) For the purposes of the said enactments in their application by virtue of this section to Scotland or Northern Ireland , any reference to an approved mental health professional shall be construed as including a reference— \n\ta) in Scotland, to any mental health officer within the meaning of the Mental Health (Care and Treatment)(Scotland) Act 2003 ; \n\tb) in Northern Ireland, to any approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986 . \n4) This section does not apply to any person who is subject to guardianship.  ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/88",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/88",
    "legislation_id": "ukpga/1983/20",
    "title": "Patients absent from hospitals in England and Wales.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
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    "provenance_timestamp": null,
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    "number": 88,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.661570Z",
    "text": "Section 3) **Admission for treatment.**\n\n1) A patient may be admitted to a hospital and detained there for the period allowed by the following provisions of this Act in pursuance of an application (in this Act referred to as “an application for admission for treatment”) made in accordance with this section. \n2) An application for admission for treatment may be made in respect of a patient on the grounds that— \n\ta) he is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section ; and \n\td) appropriate medical treatment is available for him. \n3) An application for admission for treatment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include— \n\ta) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) and (d) of that subsection; and \n\tb) a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of that subsection, specifying whether other methods of dealing with the patient are available and, if so, why they are not appropriate. \n4) In this Act, references to appropriate medical treatment, in relation to a person suffering from mental disorder, are references to medical treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/3",
    "legislation_id": "ukpga/1983/20",
    "title": "Admission for treatment.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.337598Z",
    "text": "Section 130A) **Independent mental health advocates: England**\n\n1) A local social services authority whose area is in England shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients for whom the authority is responsible for the purposes of this section . \n2) The Secretary of State may by regulations make provision as to the appointment of persons as independent mental health advocates. \n3) The regulations may, in particular, provide— \n\ta) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations; \n\tb) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations. \n4) In making arrangements under this section, a local social services authority shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment. \n5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements— \n\ta) under section 35 of the Mental Capacity Act 2005; or \n\tb) of a description specified in regulations under this section. \n6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements. \n7) Regulations under this section— \n\ta) may make different provision for different cases; \n\tb) may make provision which applies subject to specified exceptions; \n\tc) may include transitional, consequential, incidental or supplemental provision. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130A",
    "legislation_id": "ukpga/1983/20",
    "title": "Independent mental health advocates : England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.531986Z",
    "text": "SCHEDULE 6 Repeals Section 134. ChapterShort titleExtent of repeal7 & 8 Eliz. 2. c. 72.The Mental Health Act 1959.Sections 1 to 5.Section 10.Section 22.Sections 25 to 35.Sections 37 to 43.Sections 45 to 60.Sections 62 to 68.Sections 70 to 76.Sections 80 and 81.Section 85.Section 87.Sections 89 and 90.Sections 92 to 96.Sections 99 to 119.Sections 121 to 126.Sections 129 and 130.Sections 132 and 133.Section 135 to 141.In section 144, in subsection (1), paragraph (b).Section 145(2).Sections 147 and 148.Section 149(3) to (5).In section 150, the words from “section ten” to “section one hundred and forty one” and from “section one hundred and forty six” to “Schedules”.In section 152, the words from “sections eighty-five” to “Northern Ireland by that section”, from “section one hundred and twenty-nine” to “Schedules” and the words “Part II of the Seventh Schedule; Part II of the Eighth Schedule”.Section 153.Schedule 1.Schedule 3.Schedule 5.Schedule 6, except paragraph 15(4).In Schedule 7, in Part I the entry relating to sections 48 and 49 of the Fines and Recoveries Act 1833 and in Part II the entries relating to the Polish Resettlement Act 1947 and the USA Veterans’ Pensions (Administration) Act 1949.ChapterShort titleExtent of repeal1960 c. 61.The Mental Health (Scotland) Act 1960.Section 74.In Schedule 4, all the entries relating to the Mental Health Act 1959 except those relating to section 9 and Schedule 7.1961 (N.I.) c. 15.The Mental Health Act (Northern Ireland) 1961.In Schedule 5, paragraphs 1 to 4.1964 c. 84.The Criminal Procedure (Insanity) Act 1964.Section 4(7).1965 c. 2.The Administration of Justice Act 1965.In Schedule 1, the entry relating to the Mental Health Act 1959.1968 c. 20.The Courts-Martial (Appeals) Act 1968.In Schedule 4, the entry relating to the Mental Health Act 1959.1968 c. 49.The Social Work (Scotland) Act 1968.In Schedule 8, paragraphs 48 and 49.1969 c. 46.The Family Law Reform Act 1969.In Schedule 1 the entries relating to the Mental Health Act 1959.1969 c. 54.The Children and Young Persons Act 1969.In Schedule 5, paragraphs 38 to 40.1969 c. 58.The Administration of Justice Act 1969.Sections 17 to 19.1970 c. 42.The Local Authority Social Services Act 1970.In Schedule 1, the entry relating to the Mental Health (Amendment) Act 1982.1971 c. 23.The Courts Act 1971.In Schedule 8, paragraph 38.In Part I of Schedule 9, the entry relating to the Mental Health Act 1959.1971 c. 77.The Immigration Act 1971.In section 30(2), the words from “and accordingly” onwards.1972 c. 70.The Local Government Act 1972.In Schedule 23, in paragraph 9, in sub-paragraph (1) the words “35, 56(2)(c) and 56(3)”, in sub-paragraph (2) the words “10(1), 22, 27(2), 33, 34, 38(3), 40 to 43, 47(2), 52, 53, 59, 60” and “132”, sub-paragraphs (4), (5) and (6).1973 c. 29.The Guardianship Act 1973.In section 1(8), the words from “and” to the end of the subsection.1975 c. 37.The Nursing Homes Act 1975.In Schedule 1, paragraphs 1 to 4.1977 c. 45.The Criminal Law Act 1977.In Schedule 6, the entry relating to section 130(3) of the Mental Health Act 1959.1977 c. 49.The National Health Service Act 1977.In section 105(3), the words “or the Mental Health Act 1959”.In Schedule 15, paragraphs 23, 26 to 28, 30, 31 and 33.ChapterShort titleExtent of repeal1978 c. 29.The National Health Service (Scotland) Act 1978.In paragraph 10(b) of Schedule 15, the figure “102”.1980 c. 5.The Child Care Act 1980.In Schedule 5, paragraphs 13 and 14.1980 c. 43.The Magistrates’ Courts Act 1980.In Schedule 7, paragraphs 31 and 32.1980 c. 53.The Health Services Act 1980.In Schedule 1, paragraph 13.1981 c. 45.The Forgery and Counterfeiting Act 1981.Section 11(1).1981 c. 54.The  Senior Courts  Act 1981.Section 144.In Schedule 5, paragraphs 2 and 3 of the entry relating to the Mental Health Act 1959.In Schedule 6, paragraph 4.1981 c. 61.The British Nationality Act 1981.In section 39(7) the words “section 90 of the Mental Health Act 1959 and”.1982 c. 51.The Mental Health (Amendment) Act 1982.Sections 1 to 33.Sections 35 to 61.In section 63, subsection (1) and in subsection (2) the words from the beginning to “Act and”.Section 64(1), (2), (3), (5) and (6).Section 66.Section 68(2) and (3).Section 69(2), (3), and (4).In section 70(2), the words “sections 35(1) and (2) and 64(6) above extend to Northern Ireland”.Schedule 1.In Schedule 3, in Part I paragraphs 1 to 26, in paragraph 35 sub-paragraph (a), paragraphs 40, 42, 45 and 46, in paragraph 50 sub-paragraph (a), in paragraph 51 sub-paragraph (a), paragraphs 52 to 55, 57 and 58 and Part II.In Schedule 5, paragraphs 2 to 15. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/schedule/6",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/schedule/6",
    "legislation_id": "ukpga/1983/20",
    "title": "Repeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.323478Z",
    "text": "Section 121) **Mental Health Act Commission.**\n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/121",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/121",
    "legislation_id": "ukpga/1983/20",
    "title": "Mental Health Act Commission.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 121,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.658524Z",
    "text": "Section 2) **Admission for assessment.**\n\n1) A patient may be admitted to a hospital and detained there for the period allowed by subsection (4) below in pursuance of an application (in this Act referred to as “an application for admission for assessment”) made in accordance with subsections (2) and (3) below. \n2) An application for admission for assessment may be made in respect of a patient on the grounds that— \n\ta) he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and \n\tb) he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons. \n3) An application for admission for assessment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with. \n4) Subject to the provisions of section 29(4) below, a patient admitted to hospital in pursuance of an application for admission for assessment may be detained for a period not exceeding 28 days beginning with the day on which he is admitted, but shall not be detained after the expiration of that period unless before it has expired he has become liable to be detained by virtue of a subsequent application, order or direction under the following provisions of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/2",
    "legislation_id": "ukpga/1983/20",
    "title": "Admission for assessment.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.283269Z",
    "text": "Section 117) **After-care.**\n\n1) This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and (whether or not immediately after so ceasing) leave hospital. \n2) It shall be the duty of the integrated care board or  ... Local Health Board and of the local social services authority to provide or arrange for the provision of , in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the integrated care board or  ... Local Health Board and the local social services authority are satisfied that the person concerned is no longer in need of such services ; but they shall not be so satisfied in the case of a community patient while he remains such a patient. . \n2A)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2B) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act. \n2C) References in this Act to after-care services provided for a patient under this section include references to services provided for the patient— \n\ta) in respect of which direct payments are made under — \n\t\ti) sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act), \n\t\tii) sections 50, 51 and 53 of the Social Services and Well-being (Wales) Act 2014 (as applied by Schedule A1 to that Act), or \n\t\tiii) regulations under section 12A(4) of the National Health Service Act 2006, and \n\tb) which would be provided under this section apart from those sections (as so applied) or the regulations otherwise be provided under this section . \n2D) Subsection (2), in its application to the integrated care board , has effect as if the words  “provide or” were omitted. \n2E) The Secretary of State may by regulations provide that the duty imposed on the integrated care board by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another integrated care board or NHS England . \n2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on NHS England , subsection (2D) has effect as if the reference to the integrated care board were a reference to NHS England . \n2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act. \n3) In this section  “the \n\n integrated care board   or\n\n... \n\nLocal Health Board”\n\t\t\t\t\tmeans the integrated care board or  ... Local Health Board , and “the local social services authority” means the local social services authority — \n\ta) if, immediately before being detained, the person concerned was ordinarily resident in England, for the area in England in which he was ordinarily resident; \n\tb) if, immediately before being detained, the person concerned was ordinarily resident in Wales, for the area in Wales in which he was ordinarily resident; or \n\tc) in any other case for the area in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained. \n4) Where there is a dispute about where a person was ordinarily resident for the purposes of subsection (3) above— \n\ta) if the dispute is between local social services authorities in England, section 40 of the Care Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of Part 1 of that Act; \n\tb) if the dispute is between local social services authorities in Wales, section 195 of the Social Services and Well-being (Wales) Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of that Act; \n\tc) if the dispute is between a local social services authority in England and a local social services authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers. \n5) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which of them is to determine a dispute under subsection (4)(c); and the arrangements may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so. \n6) In this section,  “after-care services”, in relation to a person, means services which have both of the following purposes— \n\ta) meeting a need arising from or related to the person's mental disorder; and \n\tb) reducing the risk of a deterioration of the person's mental condition (and, accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/117",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/117",
    "legislation_id": "ukpga/1983/20",
    "title": "After-care.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 117,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.142421Z",
    "text": "Section 80) **Removal of patients to Scotland.**\n\n1) If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained  . . .   under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Scotland, and that arrangements have been made for admitting him to a hospital  . . .   there, or, where he is not to be admitted to a hospital, for his detention in hospital to be authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 the Secretary of State may authorise his removal to Scotland and may give any necessary directions for his conveyance to his destination. \n2)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) Where a person removed under this section was immediately before his removal subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction  . . .  shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed. \n7) In this section “hospital” has the same meaning as in the Mental Health (Care and Treatment)(Scotland) Act 2003 . \n8) Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/80",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/80",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal of patients to Scotland.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 80,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.052584Z",
    "text": "Section 65) **Mental Health Review  Tribunal for Wales.**\n\n1) There  shall be a Mental Health Review Tribunal for Wales. \n1A) The purpose of that tribunal is to deal with applications and references by and in respect of patients under the provisions of this Act. \n2) The provisions of Schedule 2 to this Act shall have effect with respect to the constitution of the Mental Health Review Tribunal for Wales . \n3) Subject to the provisions of Schedule 2 to this Act, and to rules made by the Lord Chancellor under this Act, the jurisdiction of the Mental Health Review Tribunal for Wales may be exercised by any three or more of its members, and references in this Act to the Mental Health Review Tribunal for Wales shall be construed accordingly. \n4) The Welsh Ministers may pay to the members of the Mental Health Review Tribunal for Wales such remuneration and allowances as they may determine, and defray the expenses of that tribunal to such amount as they may determine, and may provide for that tribunal such officers and servants, and such accommodation, as that tribunal may require. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/65",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/65",
    "legislation_id": "ukpga/1983/20",
    "title": "Mental Health Review Tribunal for Wales.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 65,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.721973Z",
    "text": "Section 13) **Duty of approved mental health professionals to make applications for admission or guardianship.**\n\n1) If a local social services authority have reason to think that an application for admission to hospital or a guardianship application may need to be made in respect of a patient within their area, they shall make arrangements for an approved mental health professional to consider the patient's case on their behalf. \n1A) If that professional is— \n\ta) satisfied that such an application ought to be made in respect of the patient; and \n\tb) of the opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him, he shall make the application. \n1B) Subsection (1C) below applies where— \n\ta) a local social services authority makes arrangements under subsection (1) above in respect of a patient; \n\tb) an application for admission for assessment is made under subsection (1A) above in respect of the patient; \n\tc) while the patient is liable to be detained in pursuance of that application, the authority have reason to think that an application for admission for treatment may need to be made in respect of the patient; and \n\td) the patient is not within the area of the authority. \n1C) Where this subsection applies, subsection (1) above shall be construed as requiring the authority to make arrangements under that subsection in place of the authority mentioned there. \n2) Before making an application for the admission of a patient to hospital an approved mental health professional shall interview the patient in a suitable manner and satisfy himself that detention in a hospital is in all the circumstances of the case the most appropriate way of providing the care and medical treatment of which the patient stands in need. \n3) An application under subsection (1A) above may be made outside the area of the local social services authority on whose behalf the approved mental health professional is considering the patient's case. \n4) It shall be the duty of a local social services authority, if so required by the nearest relative of a patient residing in their area, to make arrangements under subsection (1) above for an approved mental health professional to consider the patient's case with a view to making an application for his admission to hospital; and if in any such case that professional decides not to make an application he shall inform the nearest relative of his reasons in writing. \n5) Nothing in this section shall be construed as authorising or requiring an application to be made by an approved mental health professional in contravention of the provisions of section 11(4) above or of regulations under section 12A , or as restricting the power of a local social services authority to make arrangements with an approved mental health professional to consider a patient's case or of an approved mental health professional to make any application under this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/13",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty of approved mental health professionals to make applications for admission or guardianship.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.655895Z",
    "text": "Section 1) **Application of Act: “mental disorder”.**\n\n1) The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters. \n2) In this Act— \n\t- “mental disorder” means any disorder or disability of the mind; and\n\t- “mentally disordered” shall be construed accordingly;\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .and other expressions shall have the meanings assigned to them in section 145 below. \n2A) But a person with learning disability shall not be considered by reason of that disability to be— \n\ta) suffering from mental disorder for the purposes of the provisions mentioned in subsection (2B) below; or \n\tb) requiring treatment in hospital for mental disorder for the purposes of sections 17E and 50 to 53 below, unless that disability is associated with abnormally aggressive or seriously irresponsible conduct on his part. \n2B) The provisions are— \n\ta) sections 3, 7, 17A, 20 and 20A below; \n\tb) sections 35 to 38, 45A, 47, 48 and 51 below; and \n\tc) section 72(1)(b) and (c) and (4) below. \n3) Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above. \n4) In subsection (2A) above,  “learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/1",
    "legislation_id": "ukpga/1983/20",
    "title": "Application of Act: “mental disorder”.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.194535Z",
    "text": "Section 86) **Removal of alien patients.**\n\n1) This section applies to any patient who is neither a British citizen nor a Commonwealth citizen having the right of abode in the United Kingdom by virtue of section 2(1)( b ) of the  Immigration Act 1971, being a patient who is receiving treatment for mental disorder as an in-patient in a hospital in England and Wales or a hospital within the meaning of the  Mental Health (Northern Ireland) Order 1986 and is detained pursuant to— \n\ta) an application for admission for treatment or a report under Article 12(1) or 13 of that Order ; \n\tb) a hospital order under section 37 above or Article 44 of that Order ; or \n\tc) an order or direction under this Act (other than under section 35, 36 or 38 above) or under that Order (other than under Article 42, 43 or 45 of that Order) . \n2) If it appears to the Secretary of State that proper arrangements have been made for the removal of a patient to whom this section applies to a country or territory outside the United Kingdom, the Isle of Man and the Channel Islands and for his care or treatment there and that it is in the interests of the patient to remove him, the Secretary of State may, subject to subsection (3) below— \n\ta) by warrant authorise the removal of the patient from the place where he is receiving treatment as mentioned in subsection (1) above, and \n\tb) give such directions as the Secretary of State thinks fit for the conveyance of the patient to his destination in that country or territory and for his detention in any place or on board any ship or aircraft until his arrival at any specified port or place in any such country or territory. \n3) The Secretary of State shall not exercise his powers under subsection (2) above in the case of any patient except with the approval of the appropriate tribunal or, as the case may be, of the Mental Health Review Tribunal for Northern Ireland. \n4) In relation to a patient receiving treatment in a hospital within the meaning of the Mental Health (Northern Ireland) Order 1986, the reference in subsection (1) above to mental disorder shall be construed in accordance with that Order and any reference in subsection (2) or (3) to the Secretary of State shall be construed as a reference to the Department of Justice in Northern Ireland . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/86",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/86",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal of alien patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 86,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.152567Z",
    "text": "Section 80C) **Removal of patients subject to compulsion in the community from Scotland**\n\n1) This section applies to a patient if— \n\ta) he is subject to an enactment in force in Scotland by virtue of which regulations under section 289(1) of the Mental Health (Care and Treatment)\n\t\t\t\t\t\t\t(Scotland) Act 2003 apply to him; and \n\tb) he is removed to England and Wales under those regulations. \n2) He shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales— \n\ta) he had been admitted to a hospital in England or Wales in pursuance of an application or order made on that date under the corresponding enactment; and \n\tb) a community treatment order had then been made discharging him from the hospital. \n3) For these purposes— \n\ta) if the enactment to which the patient was subject in Scotland was an enactment contained in the Mental Health (Care and Treatment)\n\t\t\t\t\t\t\t(Scotland) Act 2003, the corresponding enactment is section 3 of this Act; \n\tb) if the enactment to which he was subject in Scotland was an enactment contained in the Criminal Procedure (Scotland) Act 1995, the corresponding enactment is section 37 of this Act. \n4) “The responsible hospital, in the case of a patient in respect of whom a community treatment order is in force by virtue of subsection (2) above, means the hospital to which he is treated as having been admitted by virtue of that subsection, subject to section 19A above. \n5) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order. \n6) But the responsible clinician may only specify conditions under subsection (5) above which an approved mental health professional agrees should be specified. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/80C",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/80C",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal of patients subject to compulsion in the community from Scotland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.270594Z",
    "text": "Section 114) **Approval by local  social services authority.**\n\n1) A local social services authority may approve a person to act as an approved mental health professional for the purposes of this Act. \n2) But a local social services authority may not approve a registered medical practitioner to act as an approved mental health professional. \n3) Before approving a person under subsection (1) above, a local social services authority shall be satisfied that he has appropriate competence in dealing with persons who are suffering from mental disorder. \n4) The appropriate national authority may by regulations make provision in connection with the giving of approvals under subsection (1) above. \n5) The provision which may be made by regulations under subsection (4) above includes, in particular, provision as to— \n\ta) the period for which approvals under subsection (1) above have effect; \n\tb) the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect; \n\tc) the conditions subject to which such approvals are to be given; and \n\td) the factors to be taken into account in determining whether persons have appropriate competence as mentioned in subsection (3) above. \n6) Provision made by virtue of subsection (5)(b) above may relate to courses approved or provided by such person as may be specified in the regulations (as well as to courses approved under section 114ZA or 114A below). \n7) An approval by virtue of subsection (6) above may be in respect of a course in general or in respect of a course in relation to a particular person. \n8) The power to make regulations under subsection (4) above includes power to make different provision for different cases or areas. \n9) In this section  “the appropriate national authority” means— \n\ta) in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the Secretary of State; \n\tb) in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Welsh Ministers. \n10) In this Act  “approved mental health professional” means— \n\ta) in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and \n\tb) in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/114",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/114",
    "legislation_id": "ukpga/1983/20",
    "title": "Approval by local social services authority.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 114,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.295526Z",
    "text": "Section 118) **Code of practice.**\n\n1) The Secretary of State shall prepare, and from time to time revise, a code of practice— \n\ta) for the guidance of registered medical practitioners , approved clinicians , managers and staff of hospitals , independent hospitals and care homes and approved mental health professionals in relation to the admission of patients to hospitals and registered establishments under this Act and to guardianship and community patients under this Act ; and \n\tb) for the guidance of registered medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder. \n1A) The Code which must be prepared, and from time to time revised, in relation to Wales shall also be for the guidance of independent mental health advocates appointed under arrangements made under section 130E below \n2) The code shall, in particular, specify forms of medical treatment in addition to any specified by regulations made for the purposes of section 57 above which in the opinion of the Secretary of State give rise to special concern and which should accordingly not be given by a registered medical practitioner unless the patient has consented to the treatment (or to a plan of treatment including that treatment) and a certificate in writing as to the matters mentioned in subsection (2)(a) and (b) of that section has been given by another registered medical practitioner, being a practitioner appointed for the purposes of this section by the regulatory authority . \n2A) The code shall include a statement of the principles which the Secretary of State thinks should inform decisions under this Act. \n2B) In preparing the statement of principles the Secretary of State shall, in particular, ensure that each of the following matters is addressed— \n\ta) respect for patients' past and present wishes and feelings, \n\tb) respect for diversity generally including, in particular, diversity of religion, culture and sexual orientation (within the meaning of section 35 of the Equality Act 2006), \n\tc) minimising restrictions on liberty, \n\td) involvement of patients in planning, developing and delivering care and treatment appropriate to them, \n\te) avoidance of unlawful discrimination, \n\tf) effectiveness of treatment, \n\tg) views of carers and other interested parties, \n\th) patient wellbeing and safety, and \n\ti) public safety. \n2C) The Secretary of State shall also have regard to the desirability of ensuring— \n\ta) the efficient use of resources, and \n\tb) the equitable distribution of services. \n2D) In performing functions under this Act persons mentioned in subsection (1)(a) or (b) and subsection (1A) shall have regard to the code. \n3) Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned. \n4) The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn. \n5) No resolution shall be passed by either House of Parliament under subsection (4) above in respect of a code or alteration after the expiration of the period of 40 days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. \n6) The Secretary of State shall publish the code as for the time being in force. \n7) The Care Quality Commission may at any time make proposals to the Secretary of State as to the content of the code of practice which the Secretary of State must prepare, and from time to time revise, under this section in relation to England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/118",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/118",
    "legislation_id": "ukpga/1983/20",
    "title": "Code of practice.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 118,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.158065Z",
    "text": "Section 81) **Removal of patients to Northern Ireland.**\n\n1) If it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained or subject to guardianship under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to Northern Ireland, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the Secretary of State may authorise his removal to Northern Ireland and may give any necessary directions for his conveyance to his destination. \n2) Subject to the provisions of subsections (4) and (5) below, where a patient liable to be detained under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and admitted to a hospital in Northern Ireland, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the corresponding enactment in force in Northern Ireland, and, where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in this Act, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment in force in Northern Ireland. \n3) Where a patient subject to guardianship under this Act by virtue of an application, order or direction under any enactment in force in England and Wales is removed under this section and received into guardianship in Northern Ireland, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment in force in Northern Ireland, and as if the application had been accepted or, as the case may be, the order or direction had been made or given on that date. \n4) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission for assessment under this Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if he had been admitted to the hospital in pursuance of an application for assessment under Article 4 of the Mental Health (Northern Ireland) Order 1986 made on the date of his admission. \n5) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for admission for treatment under this Act, he shall, on his admission to a hospital in Northern Ireland, be treated as if he were detained for treatment under Part II of the Mental Health (Northern Ireland) Order 1986 by virtue of a report under Article 12(1) of that Order made on the date of his admission \n6) Where a patient removed under this section was immediately before his removal liable to be detained under this Act by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of section 47(5) above) imposed by a court in England and Wales, he shall be treated as if the sentence had been imposed by a court in Northern Ireland. \n7) Where a person removed under this section was immediately before his removal subject to a  . . .   restriction direction of limited duration, the . . .  restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned . . .   restriction direction would have expired if he had not been so removed. \n8) In this section “hospital” has the same meaning as in the Mental Health (Northern Ireland) Order 1986 . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/81",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/81",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal of patients to Northern Ireland.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 81,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.113876Z",
    "text": "Section 77) **General provisions concerning tribunal applications.**\n\n1) No application shall be made to the appropriate tribunal by or in respect of a patient under this Act except in such cases and at such times as are expressly provided by this Act. \n2) Where under this Act any person is authorised to make an application to the appropriate tribunal within a specified period, not more than one such application shall be made by that person within that period but for that purpose there shall be disregarded any application which is withdrawn in accordance with Tribunal Procedure Rules or rules made under section 78 below. \n3) Subject to subsection (4) below an application to a tribunal authorised to be made by or in respect of a patient under this Act shall be made by notice in writing addressed \n\ta) in the case of a patient who is liable to be detained in a hospital, to the First-tier Tribunal where that hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales ; \n\tb) in the case of a community patient, to the First-tier Tribunal where the responsible hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales ; \n\tc) in the case of a patient subject to guardianship, to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales .  \n4) Any application under section 75(2) above shall be made to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/77",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/77",
    "legislation_id": "ukpga/1983/20",
    "title": "General provisions concerning tribunal applications.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 77,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.204058Z",
    "text": "Section 91) **General provisions as to patients removed from England and Wales.**\n\n1) Subject to subsection (2) below, where a patient liable to be detained or subject to guardianship by virtue of an application, order or direction under Part II or III of this Act (other than section 35, 36 or 38 above) is removed from England and Wales in pursuance of arrangements under this Part of this Act, the application, order or direction shall cease to have effect when he is duly received into a hospital or other institution, or placed under guardianship or, where he is not received into a hospital but his detention in hospital is authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 , in pursuance of those arrangements. \n2) Where the Secretary of State exercises his powers under section 86(2) above in respect of a patient who is detained pursuant to a hospital order under section 37 above and in respect of whom a restriction order is in force, those orders shall continue in force so as to apply to the patient if he returns to England and Wales  . . .  . \n2A) Where responsibility for a community patient is transferred to a jurisdiction outside England and Wales (or such a patient is removed outside England and Wales) in pursuance of arrangements under this Part of this Act, the application, order or direction mentioned in subsection (1) above in force in respect of him shall cease to have effect on the date on which responsibility is so transferred (or he is so removed) in pursuance of those arrangements. \n3) Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/91",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/91",
    "legislation_id": "ukpga/1983/20",
    "title": "General provisions as to patients removed from England and Wales.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 91,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.729533Z",
    "text": "Section 14) ****\nWhere a patient is admitted to a hospital in pursuance of an application (other than an emergency application) made under this Part of this Act by his nearest relative, the managers of the hospital shall as soon as practicable give notice of that fact to the local social services authority for the area in which the patient resided immediately before his admission; and that authority shall as soon as practicable arrange for an approved mental health professional  . . .   to interview the patient and provide the managers with a report on his social circumstances. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/14",
    "legislation_id": "ukpga/1983/20",
    "title": "",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.369164Z",
    "text": "Section 130H) **Independent mental health advocates for Wales: supplementary powers and duties**\n\n1) For the purpose of providing help to a patient in accordance with arrangements made under section 130E, an independent mental health advocate may– \n\ta) visit and interview the patient in private; \n\tb) visit and interview– \n\t\ti) any person who is professionally concerned with his medical treatment; \n\t\tii) any other person who falls within a description specified in regulations made by the Welsh Ministers; \n\tc) require the production of and inspect any records relating to his detention, treatment or assessment in any hospital or registered establishment or to any after-care services provided for him under section 117 above; \n\td) require the production of and inspect any records of, or held by, a local social services authority which relate to him. \n2) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (1)(c) or (d) above unless– \n\ta) in a case where the patient has capacity or is competent to consent, he does consent; or \n\tb) in any other case, the production or inspection would not conflict with a decision made by a donee or deputy or the Court of Protection and the person holding the records, having regard to such matters as may be prescribed in regulations under section 130E above, considers that– \n\t\ti) the records may be relevant to the help to be provided by the advocate; \n\t\tii) the production or inspection is appropriate. \n3) For the purpose of providing help to a Welsh qualifying compulsory patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient– \n\ta) the patient; \n\tb) the person (if any) appearing to the advocate to be the patient's nearest relative; \n\tc) the responsible clinician for the purposes of this Act; \n\td) an approved mental health professional; \n\te) a registered social worker who is professionally concerned with the patient's care, treatment or assessment; \n\tf) where the patient is liable to be detained in a hospital or registered establishment, the managers of the hospital or establishment or a person duly authorised on their behalf; \n\tg) the patient's donee or deputy. \n4) For the purpose of providing help to a Welsh qualifying informal patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient– \n\ta) the patient; \n\tb) the managers of the hospital or establishment in which the patient is an in-patient or a person duly authorised on their behalf; \n\tc) any person appearing to the advocate to whom the request is made to be the patient's carer; \n\td) the patient's donee or deputy; \n\te) a registered social worker who is professionally concerned with the patient's care, treatment or assessment. \n5) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements. \n6) In subsection (2) above the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005. \n7) In subsection (4) above– \n\ta) “carer”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated); \n\tb) “registered social worker” means a person included in the social worker part  ... of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. \n8) In subsections (2) to (4) above– \n\ta) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act; \n\tb) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130H",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130H",
    "legislation_id": "ukpga/1983/20",
    "title": "Independent mental health advocates for Wales: supplementary powers and duties",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.341473Z",
    "text": "Section 130B) **Arrangements under section 130A**\n\n1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding— \n\ta) the provisions of this Act by virtue of which he is a qualifying patient; \n\tb) any conditions or restrictions to which he is subject by virtue of this Act; \n\tc) what (if any) medical treatment is given to him or is proposed or discussed in his case; \n\td) why it is given, proposed or discussed; \n\te) the authority under which it is, or would be, given; and \n\tf) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him. \n2) The help available under the arrangements to a qualifying patient shall also include— \n\ta) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; and \n\tb) help (by way of representation or otherwise) in exercising those rights. \n3) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate may— \n\ta) visit and interview the patient in private; \n\tb) visit and interview any person who is professionally concerned with his medical treatment; \n\tc) require the production of and inspect any records relating to his detention or treatment in any hospital or registered establishment or to any after-care services provided for him under section 117 above; \n\td) require the production of and inspect any records of, or held by, a local social services authority which relate to him. \n4) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (3)(c) or (d) above unless— \n\ta) in a case where the patient has capacity or is competent to consent, he does consent; or \n\tb) in any other case, the production or inspection would not conflict with a decision made by a donee or deputy or the Court of Protection and the person holding the records, having regard to such matters as may be prescribed in regulations under section 130A above, considers that— \n\t\ti) the records may be relevant to the help to be provided by the advocate; and \n\t\tii) the production or inspection is appropriate. \n5) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient— \n\ta) the person (if any) appearing to the advocate to be the patient's nearest relative; \n\tb) the responsible clinician for the purposes of this Act; \n\tc) an approved mental health professional. \n6) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements. \n7) In subsection (4) above— \n\ta) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; \n\tb) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act; \n\tc) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130B",
    "legislation_id": "ukpga/1983/20",
    "title": "Arrangements under section 130A",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.085351Z",
    "text": "Section 72) **Powers of tribunals.**\n\n1) Where application is made to the appropriate tribunal by or in respect of a patient who is liable to be detained under this Act or is a community patient , the tribunal may in any case direct that the patient be discharged, and— \n\ta) the tribunal shall direct the discharge of a patient liable to be detained under section 2 above if it is not satisfied— \n\t\ti) that he is then suffering from mental disorder or from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; or \n\t\tii) that his detention as aforesaid is justified in the interests of his own health or safety or with a view to the protection of other persons; \n\tb) the tribunal shall direct the discharge of a patient liable to be detained otherwise than under section 2 above if it is not satisfied— \n\t\ti) that he is then suffering from mental disorder or from mental disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment; or \n\t\tii) that it is necessary for the health of safety of the patient or for the protection of other persons that he should receive such treatment; or \n\t\tiia) that appropriate medical treatment is available for him; or \n\t\tiii) in the case of an application by virtue of paragraph (g) of section 66(1) above, that the patient, if released, would be likely to act in a manner dangerous to other persons or to himself. \n\tc) the tribunal shall direct the discharge of a community patient if it is not satisfied— \n\t\ti) that he is then suffering from mental disorder or mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment; or \n\t\tii) that it is necessary for his health or safety or for the protection of other persons that he should receive such treatment; or \n\t\tiii) that it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) above to recall the patient to hospital; or \n\t\tiv) that appropriate medical treatment is available for him; or \n\t\tv) in the case of an application by virtue of paragraph (g) of section 66(1) above, that the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself. \n1A) In determining whether the criterion in subsection (1)(c)(iii) above is met, the tribunal shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were to continue not to be detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder). \n2)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) A tribunal may under subsection (1) above direct the discharge of a patient on a future date specified in the direction; and where a tribunal does not direct the discharge of a patient under that subsection the tribunal may— \n\ta) with a view to facilitating his discharge on a future date, recommend that he be granted leave of absence or transferred to another hospital or into guardianship; and \n\tb) further consider his case in the event of any such recommendation not being complied with. \n3A) Subsection (1) above does not require a tribunal to direct the discharge of a patient just because it thinks it might be appropriate for the patient to be discharged (subject to the possibility of recall) under a community treatment order; and a tribunal— \n\ta) may recommend that the responsible clinician consider whether to make a community treatment order; and \n\tb) may (but need not) further consider the patient's case if the responsible clinician does not make an order. \n4) Where application is made to the appropriate tribunal by or in respect of a patient who is subject to guardianship under this Act, the tribunal may in any case direct that the patient be discharged, and shall so direct if it is satisfied— \n\ta) that he is not then suffering from mental disorder ; or \n\tb) that it is not necessary in the interests of the welfare of the patient, or for the protection of other persons, that the patient should remain under such guardianship. \n4A)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) Subsections (1) to (4) above apply in relation to references to the appropriate tribunal as they apply in relation to applications made to the appropriate tribunal by or in respect of a patient. \n7) Subsection (1) above shall not apply in the case of a restricted patient except as provided in sections 73 and 74 below. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/72",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/72",
    "legislation_id": "ukpga/1983/20",
    "title": "Powers of tribunals.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 72,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.156155Z",
    "text": "Section 80D) **Transfer of conditionally discharged patients from Scotland**\n\n1) This section applies to a patient who is subject to— \n\ta) a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995; and \n\tb) a conditional discharge under section 193(7) of the Mental Health (Care and Treatment)\n\t\t\t\t\t\t\t(Scotland) Act 2003 (“the 2003 Act”). \n2) A transfer of the patient to England and Wales under regulations made under section 290 of the 2003 Act shall have effect only if the Secretary of State has consented to the transfer. \n3) If a transfer under those regulations has effect, the patient shall be treated as if— \n\ta) on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and \n\tb) he were subject to a hospital order under section 37 above and a restriction order under section 41 above. \n4) If the restriction order to which the patient was subject immediately before the transfer was of limited duration, the restriction order to which he is subject by virtue of subsection (3) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/80D",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/80D",
    "legislation_id": "ukpga/1983/20",
    "title": "Transfer of conditionally discharged patients from Scotland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.665947Z",
    "text": "Section 4) **Admission for assessment in cases of emergency.**\n\n1) In any case of urgent necessity, an application for admission for assessment may be made in respect of a patient in accordance with the following provisions of this section, and any application so made is in this Act referred to as “an emergency application”. \n2) An emergency application may be made either by an approved mental health professional or by the nearest relative of the patient; and every such application shall include a statement that it is of urgent necessity for the patient to be admitted and detained under section 2 above, and that compliance with the provisions of this Part of this Act relating to applications under that section would involve undesirable delay. \n3) An emergency application shall be sufficient in the first instance if founded on one of the medical recommendations required by section 2 above, given, if practicable, by a practitioner who has previous acquaintance with the patient and otherwise complying with the requirements of section 12 below so far as applicable to a single recommendation, and verifying the statement referred to in subsection (2) above. \n4) An emergency application shall cease to have effect on the expiration of a period of 72 hours from the time when the patient is admitted to the hospital unless— \n\ta) the second medical recommendation required by section 2 above is given and received by the managers within that period; and \n\tb) that recommendation and the recommendation referred to in subsection (3) above together comply with all the requirements of section 12 below (other than the requirement as to the time of signature of the second recommendation). \n5) In relation to an emergency application, section 11 below shall have effect as if in subsection (5) of that section for the words “the period of 14 days ending with the date of the application” there were substituted the words “the previous 24 hours”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/4",
    "legislation_id": "ukpga/1983/20",
    "title": "Admission for assessment in cases of emergency.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.393553Z",
    "text": "Section 131) **Informal admission of patients.**\n\n1) Nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or registered establishment in pursuance of arrangements made in that behalf and without any application, order or direction rendering him liable to be detained under this Act, or from remaining in any hospital or registered establishment in pursuance of such arrangements after he has ceased to be so liable to be detained. \n2) Subsections (3) and (4) below apply in the case of a patient aged 16 or 17 years who has capacity to consent to the making of such arrangements as are mentioned in subsection (1) above. \n3) If the patient consents to the making of the arrangements, they may be made, carried out and determined on the basis of that consent even though there are one or more persons who have parental responsibility for him. \n4) If the patient does not consent to the making of the arrangements, they may not be made, carried out or determined on the basis of the consent of a person who has parental responsibility for him. \n5) In this section— \n\ta) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; and \n\tb) “parental responsibility” has the same meaning as in the Children Act 1989. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/131",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/131",
    "legislation_id": "ukpga/1983/20",
    "title": "Informal admission of patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 131,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.699490Z",
    "text": "Section 11) **General provisions as to applications.**\n\n1) Subject to the provisions of this section, an application for admission for assessment, an application for admission for treatment and a guardianship application may be made either by the nearest relative of the patient or by an approved mental health professional ; and every such application shall specify the qualification of the applicant to make the application. \n1A) No application mentioned in subsection (1) above shall be made by an approved mental health professional if the circumstances are such that there would be a potential conflict of interest for the purposes of regulations under section 12A below. \n2) Every application for admission shall be addressed to the managers of the hospital to which admission is sought and every guardianship application shall be forwarded to the local social services authority named in the application as guardian, or, as the case may be, to the local social services authority for the area in which the person so named resides. \n3) Before or within a reasonable time after an application for the admission of a patient for assessment is made by an approved mental health professional, that professional shall take such steps as are practicable to inform the person (if any) appearing to be the nearest relative of the patient that the application is to be or has been made and of the power of the nearest relative under section 23(2)(a) below. \n4) An approved mental health professional may not make an application for admission for treatment or a guardianship application in respect of a patient in either of the following cases— \n\ta) the nearest relative of the patient has notified that professional, or the local social services authority on whose behalf the professional is acting, that he objects to the application being made; or \n\tb) that professional has not consulted the person (if any) appearing to be the nearest relative of the patient, but the requirement to consult that person does not apply if it appears to the professional that in the circumstances such consultation is not reasonably practicable or would involve unreasonable delay. \n5) None of the applications mentioned in subsection (1) above shall be made by any person in respect of a patient unless that person has personally seen the patient within the period of 14 days ending with the date of the application. \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) Each of the applications mentioned in subsection (1) above shall be sufficient if the recommendations on which it is founded are given either as separate recommendations, each signed by a registered medical practitioner, or as a joint recommendation signed by two such practitioners. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/11",
    "legislation_id": "ukpga/1983/20",
    "title": "General provisions as to applications.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.360546Z",
    "text": "Section 130E) **Independent mental health advocates: Wales**\n\n1) The Welsh Ministers shall make such arrangements as they consider reasonable to enable persons (“independent mental health advocates”) to be available to help– \n\ta) Welsh qualifying compulsory patients; and \n\tb) Welsh qualifying informal patients. \n2) The Welsh Ministers may by regulations make provision as to the appointment of persons as independent mental health advocates. \n3) The regulations may, in particular, provide– \n\ta) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations; \n\tb) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations. \n4) In making arrangements under this section, the Welsh Ministers shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who– \n\ta) is professionally concerned with the patient's medical treatment; or \n\tb) falls within a description specified in regulations made by the Welsh Ministers. \n5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements– \n\ta) under section 35 of the Mental Capacity Act 2005; or \n\tb) of a description specified in regulations under this section. \n6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements. \n7) Regulations under this section and sections 130F to 130H– \n\ta) may make different provision for different cases; \n\tb) may make provision which applies subject to specified exceptions; \n\tc) may include transitional, consequential, incidental or supplemental provision. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130E",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130E",
    "legislation_id": "ukpga/1983/20",
    "title": "Independent mental health advocates: Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.405695Z",
    "text": "Section 134) **Correspondence of patients.**\n\n1) A postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by the patient for dispatch may be withheld from the postal operator concerned — \n\ta) if that person has requested that communications addressed to him by the patient should be withheld; or \n\tb) subject to subsection (3) below, if the hospital is one at which high security psychiatric services are provided and the managers of the hospital consider that the postal packet is likely— \n\t\ti) to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or \n\t\tii) to cause danger to any person; and any request for the purposes of paragraph (a) above shall be made by a notice in writing given to the managers of the hospital, or the approved clinician with overall responsibility for the patient's case  ... . \n2) Subject to subsection (3) below, a postal packet addressed to a patient detained under this Act in a hospital at which high security psychiatric services are provided may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons. \n3) Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of— \n\ta) any Minister of the Crown or the Scottish Ministers or Member of either House of Parliament or member of the Scottish Parliament or of the Northern Ireland Assembly ; \n\taa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales; \n\tb) any judge or officer of the Court of Protection, any of the Court of Protection Visitors or any person asked by that Court for a report under section 49 of the Mental Capacity Act 2005 concerning the patient; \n\tc) the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman, the Public Services Ombudsman for Wales the Health Service Commissioner for England,  . . .   or a Local Commissioner within the meaning of Part III of the  Local Government Act 1974; \n\tca) the Care Quality Commission; \n\tcb) the Citizen Voice Body for Health and Social Care, Wales; \n\td) the First-tier Tribunal or the Mental Health Review Tribunal for Wales ; \n\te) NHS England , an integrated care board, a  ... Local Health Board or Special Health Authority  ..., a local social services authority  ...  ... , a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000) or a provider of probation services ; \n\tea) a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers; \n\teb) a provider of independent advocacy services for the patient; \n\tf) the managers of the hospital in which the patient is detained; \n\tg) any legally qualified person instructed by the patient to act as his legal adviser; or \n\th) the European Commission of Human Rights or the European Court of Human Rights. and for the purposes of paragraph (d) above the reference to the First-tier Tribunal is a reference to that tribunal so far as it is acting for the purposes of any proceedings under this Act or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984. \n3A) In subsection (3) above— \n\ta) “patient advocacy and liaison service” means a service of a description prescribed by regulations made by the Secretary of State, and “independent advocacy services” means services provided under arrangements under  \n\nsection 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006. \n\tb) “independent advocacy services” means services provided under— \n\t\ti) arrangements under section 130A or section 130E above; \n\t\tii) arrangements under section 223A of the Local Government and Public Involvement in Health Act 2007 or section 187 of the National Health Service (Wales) Act 2006; or \n\t\tiii) arrangements of a description prescribed as mentioned in paragraph (a) above. \n4) The managers of a hospital may inspect and open any postal packet for the purposes of determining— \n\ta) whether it is one to which subsection (1) or (2) applies, and \n\tb) in the case of a postal packet to which subsection (1) or (2) above applies, whether or not it should be withheld under that subsection; and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it. \n5) Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing. \n6) Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in the case of a packet withheld under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be given in writing and shall contain a statement of the effect of section 134A(1) to (4) . \n7) The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose and different persons may be appointed to discharge different functions. \n8) The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section. \n9) In this  section and section 134A “hospital” has the same meaning as in Part II of this Act and “postal operator” and , “postal packet” have the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27) ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/134",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/134",
    "legislation_id": "ukpga/1983/20",
    "title": "Correspondence of patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 134,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.474874Z",
    "text": "Section 148) **Consequential and transitional provisions and repeals.**\n\n1) Schedule 4 (consequential amendments) and Schedule 5 (transitional and saving provisions) to this Act shall have effect but without prejudice to the operation of sections 15 to 17 of the  Interpretation Act 1978 (which relate to the effect of repeals). \n2) Where any amendment in Schedule 4 to this Act affects an enactment amended by the  Mental Health (Amendment) Act 1982 the amendment in Schedule 4 shall come into force immediately after the provision of the Act of 1982 amending that enactment. \n3) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent mentioned in the third column of that Schedule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/148",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/148",
    "legislation_id": "ukpga/1983/20",
    "title": "Consequential and transitional provisions and repeals.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 148,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.147993Z",
    "text": "Section 80B) **Removal of detained patients from Scotland**\n\n1) This section applies to a patient if— \n\ta) he is removed to England and Wales under regulations made under section 290(1)(a) of the Mental Health (Care and Treatment)\n\t\t\t\t\t\t\t(Scotland) Act 2003 (“the 2003 Act”); \n\tb) immediately before his removal, his detention in hospital was authorised by virtue of that Act or the Criminal Procedure (Scotland) Act 1995; and \n\tc) on his removal, he is admitted to a hospital in England or Wales. \n2) He shall be treated as if, on the date of his admission to the hospital, he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the enactment by virtue of which his detention in hospital was authorised immediately before his removal. \n3) If, immediately before his removal, he was subject to a measure under any enactment in force in Scotland restricting his discharge, he shall be treated as if he were subject to an order or direction under the enactment in force in England and Wales which most closely corresponds to that enactment. \n4) If, immediately before his removal, the patient was liable to be detained under the 2003 Act by virtue of a transfer for treatment direction, given while he was serving a sentence of imprisonment (within the meaning of section 136(9) of that Act) imposed by a court in Scotland, he shall be treated as if the sentence had been imposed by a court in England and Wales. \n5) If, immediately before his removal, the patient was subject to a hospital direction or transfer for treatment direction, the restriction direction to which he is subject by virtue of subsection (3) above shall expire on the date on which that hospital direction or transfer for treatment direction (as the case may be) would have expired if he had not been so removed. \n6) If, immediately before his removal, the patient was liable to be detained under the 2003 Act by virtue of a hospital direction, he shall be treated as if any sentence of imprisonment passed at the time when that hospital direction was made had been imposed by a court in England and Wales. \n7) Any directions given by the Scottish Ministers under regulations made under section 290 of the 2003 Act as to the removal of a patient to which this section applies shall have effect as if they were given under this Act. \n8) Subsection (8) of section 80 above applies to a reference in this section as it applies to one in that section. \n9) In this section— \n\t- “hospital direction” means a direction made under section 59A of the Criminal Procedure (Scotland) Act 1995; and\n\t- “transfer for treatment direction” has the meaning given by section 136 of the 2003 Act.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/80B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/80B",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal of detained patients from Scotland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.168165Z",
    "text": "Section 82) **Removal to England and Wales of patients from Northern Ireland.**\n\n1) If it appears to the responsible authority, in the case of a patient who is for the time being liable to be detained or subject to guardianship under the Mental Health (Northern Ireland) Order 1986 (otherwise than by virtue of Article 42, 43 or 45 of that Order) , that it is in the interests of the patient to remove him to England and Wales, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the responsible authority may authorise his removal to England and Wales and may give any necessary directions for his conveyance to his destination. \n2) Subject to the provisions of subsections (4) and (4A) below, where a patient who is liable to be detained under the Mental Health (Northern Ireland) Order 1986 by virtue of an application, order or direction under any enactment in force in Northern Ireland is removed under this section and admitted to a hospital in England and Wales, he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the corresponding enactment in force in England and Wales and, where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in that Order, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment in force in England and Wales.. \n3) Where a patient subject to guardianship under the Mental Health (Northern Ireland) Order 1986 by virtue of an application, order or direction under any enactment in force in Northern Ireland is removed under this section and received into guardianship in England and Wales, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment in force in England and Wales and as if the application had been accepted or, as the case may be, the order or direction had been made or given on that date. \n4) Where a person removed under this section was immediately before his removal liable to be detained for treatment by virtue of a report under Article 12(1) or 13 of the Mental Health (Northern Ireland) Order 1986, he shall be treated, on his admission to a hospital in England and Wales, as if he had been admitted to the hospital in pursuance of an application for admission for treatment made on the date of his admission. \n4A) Where a person removed under this section was immediately before his removal liable to be detained by virtue of an application for assessment under Article 4 of the Mental Health (Northern Ireland) Order 1986, he shall be treated, on his admission to a hospital in England and Wales, as if he had been admitted to the hospital in pursuance of an application for admission for assessment made on the date of his admission. \n5) Where a patient removed under this section was immediately before his removal liable to be detained under the Mental Health (Northern Ireland) Order 1986 by virtue of a transfer direction given while he was serving a sentence of imprisonment (within the meaning of Article 53(5) of that Order ) imposed by a court in Northern Ireland, he shall be treated as if the sentence had been imposed by a court in England and Wales. \n6) Where a person removed under this section was immediately before his removal subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned restriction order or restriction direction would have expired if he had not been so removed. \n7) In this section “the responsible authority” means the Department of Health and Social Services for Northern Ireland or, in relation to a patient who is subject to a restriction order or restriction direction , the Department of Justice in Northern Ireland . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/82",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/82",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal to England and Wales of patients from Northern Ireland.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 82,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.818266Z",
    "text": "Section 23) **Discharge of patients.**\n\n1) Subject to the provisions of this section and section 25 below, a patient who is for the time being liable to be detained or subject to guardianship under this Part of this Act shall cease to be so liable or subject if an order in writing discharging him absolutely from detention or guardianship is made in accordance with this section \n1A) Subject to the provisions of this section and section 25 below, a community patient shall cease to be liable to recall under this Part of this Act, and the application for admission for treatment cease to have effect, if an order in writing discharging him from such liability is made in accordance with this section. \n1B) An order under subsection (1) or (1A) above shall be referred to in this Act as  “an order for discharge”. \n2) An order for discharge may be made in respect of a patient— \n\ta) where the patient is liable to be detained in a hospital in pursuance of an application for admission for assessment or for treatment by the responsible clinician , by the managers or by the nearest relative of the patient; \n\tb) where the patient is subject to guardianship, by the responsible clinician , by the responsible local social services authority or by the nearest relative of the patient. \n\tc) where the patient is a community patient, by the responsible clinician, by the managers of the responsible hospital or by the nearest relative of the patient. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) The powers conferred by this section on any authority trust , board (other than an NHS foundation trust) or body of persons may be exercised subject to subsection (5) below by any three or more members of that authority trust , board or body authorised by them in that behalf or by three or more members of a committee or sub-committee of that authority trust , board or body which has been authorised by them in that behalf. \n5) The reference in subsection (4) above to the members of an authority, trust , board or body or the members of a committee or sub-committee of an authority, trust , board or body,— \n\ta) in the case of a Local Health Board or Special Health Authority  ... or a committee or sub-committee of a Local Health Board or Special Health Authority  ..., is a reference only to the chairman of the authority  ... or board and such members (of the authority  ..., board, committee or sub-committee , as the case may be) as are not also officers of the authority  ... or board , within the meaning of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ; and \nb) in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust. \n6) The powers conferred by this section on any NHS foundation trust may be exercised by any three or more persons authorised by the board of the trust in that behalf each of whom is neither an executive director of the board nor an employee of the trust. . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/23",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/23",
    "legislation_id": "ukpga/1983/20",
    "title": "Discharge of patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.910119Z",
    "text": "Section 40) **Effect of hospital orders, guardianship orders and interim hospital orders.**\n\n1) A hospital order shall be sufficient authority— \n\ta) for a constable, an approved mental health professional or any other person directed to do so by the court to convey the patient to the hospital specified in the order within a period of 28 days; and \n\tb) for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act. \n2) A guardianship order shall confer on the authority or person named in the order as guardian the same powers as a guardianship application made and accepted under Part II of this Act. \n3) Where an interim hospital order is made in respect of an offender— \n\ta) a constable or any other person directed to do so by the court shall convey the offender to the hospital specified in the order within the period mentioned in section 38(4) above; and \n\tb) the managers of the hospital shall admit him within that period and thereafter detain him in accordance with the provisions of section 38 above. \n4) A patient who is admitted to a hospital in pursuance of a hospital order, or placed under guardianship by a guardianship order, shall, subject to the provisions of this subsection, be treated for the purposes of the provisions of this Act mentioned in Part I of Schedule 1 to this Act as if he had been so admitted or placed on the date of the order in pursuance of an application for admission for treatment or a guardianship application, as the case may be, duly made under Part II of this Act, but subject to any modifications of those provisions specified in that Part of that Schedule. \n5) Where a patient is admitted to a hospital in pursuance of a hospital order, or placed under guardianship by a guardianship order, any previous application, hospital order or guardianship order by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect; but if the first-mentioned order, or the conviction on which it was made, is quashed on appeal, this subsection shall not apply and section 22 above shall have effect as if during any period for which the patient was liable to be detained or subject to guardianship under the order, he had been detained in custody as mentioned in that section. \n6) Where— \n\ta) a patient admitted to a hospital in pursuance of a hospital order is absent without leave; \n\tb) a warrant to arrest him has been issued under section 72 of the  Criminal Justice Act 1967; and \n\tc) he is held pursuant to the warrant in any country or territory other than the United Kingdom, any of the Channel Islands and the Isle of Man, he shall be treated as having been taken into custody under section 18 above on first being so held. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/40",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/40",
    "legislation_id": "ukpga/1983/20",
    "title": "Effect of hospital orders, guardianship orders and interim hospital orders.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 40,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.862600Z",
    "text": "Section 34) **Interpretation of Part II.**\n\n1) In this Part of this Act— \n\t- “the appropriate practitioner” means— in the case of a patient who is subject to the guardianship of a person other than a local social services authority, the nominated medical attendant of the patient; andin any other case, the responsible clinician;\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “the nominated medical attendant”, in relation to a patient who is subject to the guardianship of a person other than a local social services authority, means the person appointed in pursuance of regulations made under section 9(2) above to act as the medical attendant of the patient;\n\t- “registered establishment” means an establishment which would not, apart from subsection (2) below, be a hospital for the purposes of this Part and which—\n\ta) in England, is a hospital as defined by section 275 of the National Health Service Act 2006 that is used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, which relates to the assessment or medical treatment of mental disorder and in respect of which a person is registered under Chapter 2 of that Part; and \n\tb) in Wales, is an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act; \n\t- “the responsible clinician” means— in relation to a patient liable to be detained by virtue of an application for admission for assessment or an application for admission for treatment, or a community patient, the approved clinician with overall responsibility for the patient's case;in relation to a patient subject to guardianship, the approved clinician authorised by the responsible local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible clinician;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n1A)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) Except where otherwise expressly provided, this Part of this Act applies in relation to a registered establishment , as it applies in relation to a hospital, and references in this Part of this Act to a hospital, and any reference in this Act to a hospital to which this Part of this Act applies, shall be construed accordingly. \n3) In relation to a patient who is subject to guardianship in pursuance of a guardianship application, any reference in this Part of this Act to the responsible local social services authority is a reference— \n\ta) where the patient is subject to the guardianship of a local social services authority, to that authority; \n\tb) where the patient is subject to the guardianship of a person other than a local social services authority, to the local social services authority for the area in which that person resides. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/34",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/34",
    "legislation_id": "ukpga/1983/20",
    "title": "Interpretation of Part II.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 34,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.428223Z",
    "text": "Section 136) **Removal etc of mentally disordered persons without a warrant**\n\n1) If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons— \n\ta) remove the person to a place of safety within the meaning of section 135, or \n\tb) if the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety. \n1A) The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place, other than— \n\ta) any house, flat or room where that person, or any other person, is living, or \n\tb) any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than one that is also used in connection with one or more other houses, flats or rooms. \n1B) For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force. \n1C) Before deciding to remove a person to, or to keep a person at, a place of safety under subsection (1), the constable must, if it is practicable to do so, consult— \n\ta) a registered medical practitioner, \n\tb) a registered nurse, \n\tc) an approved mental health professional, or \n\td) a person of a description specified in regulations made by the Secretary of State. \n2) A person removed to, or kept at, a place of safety under this section may be detained there for a period not exceeding the permitted period of detention for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an approved mental health professional and of making any necessary arrangements for his treatment or care. \n2A) In subsection (2), “the permitted period of detention” means— \n\ta) the period of 24 hours beginning with— \n\t\ti) in a case where the person is removed to a place of safety, the time when the person arrives at that place; \n\t\tii) in a case where the person is kept at a place of safety, the time when the constable decides to keep the person at that place; or \n\tb) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation. \n3) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the permitted period of detention mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety. \n4) A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of the permitted period of detention mentioned in that subsection. \n5) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station, and the keeping of persons at a police station, under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/136",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/136",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal etc of mentally disordered persons without a warrant",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 136,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.279957Z",
    "text": "Section 115) **Powers of entry and inspection.**\n\n1) An approved mental health professional may at all reasonable times enter and inspect any premises (other than a hospital) in which a mentally disordered patient is living, if he has reasonable cause to believe that the patient is not under proper care. \n2) The power under subsection (1) above shall be exercisable only after the professional has produced, if asked to do so, some duly authenticated document showing that he is an approved mental health professional. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/115",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/115",
    "legislation_id": "ukpga/1983/20",
    "title": "Powers of entry and inspection.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 115,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.119268Z",
    "text": "Section 78) **Procedure of  Mental Health Review Tribunal for Wales.**\n\n1) The Lord Chancellor may make rules with respect to the making of applications to the Mental Health Review Tribunal for Wales and with respect to the proceedings of that tribunal and matters incidental to or consequential on such proceedings. \n2) Rules made under this section may in particular make provision— \n\ta) for enabling the tribunal , or the President of the tribunal , to postpone the consideration of any application by or in respect of a patient, or of any such application of any specified class, until the expiration of such period (not exceeding 12 months) as may be specified in the rules from the date on which an application by or in respect of the same patient was last considered and determined under this Act by the tribunal or the First-tier Tribunal ; \n\tb) for the transfer of proceedings to or from the Mental Health Review Tribunal for Wales in any case where, after the making of the application, the patient is moved into or out of Wales; \n\tc) for restricting the persons qualified to serve as members of the tribunal for the consideration of any application, or of an application of any specified class; \n\td) for enabling the tribunal to dispose of an application without a formal hearing where such a hearing is not requested by the applicant or it appears to the tribunal that such a hearing would be detrimental to the health of the patient; \n\te) for enabling the tribunal to exclude members of the public, or any specified class of members of the public, from any proceedings of the tribunal, or to prohibit the publication of reports of any such proceedings or the names of any persons concerned in such proceedings; \n\tf) for regulating the circumstances in which, and the persons by whom, applicants and patients in respect of whom applications are made to the tribunal may, if not desiring to conduct their own case, be represented for the purposes of those applications; \n\tg) for regulating the methods by which information relevant to an application may be obtained by or furnished to the tribunal, and in particular for authorising the members of the tribunal , or any one or more of them, to visit and interview in private any patient by or in respect of whom an application has been made; \n\th) for making available to any applicant, and to any patient in respect of whom an application is made to the tribunal , copies of any documents obtained by or furnished to the tribunal in connection with the application, and a statement of the substance of any oral information so obtained or furnished except where the tribunal considers it undesirable in the interests of the patient or for other special reasons; \n\ti) for requiring the tribunal , if so requested in accordance with the rules, to furnish such statements of the reasons for any decision given by the tribunal as may be prescribed by the rules, subject to any provision made by the rules for withholding such a statement from a patient or any other person in cases where the tribunal considers that furnishing it would be undesirable in the interests of the patient or for other special reasons; \n\tj) for conferring on the tribunal such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions under this Act; \n\tk) for enabling any functions of the tribunal which relate to matters preliminary or incidental to an application to be performed by the President of the tribunal. \n3) Subsections (1) and (2) above apply in relation to references to the Mental Health Review Tribunal for Wales as they apply in relation to applications to that tribunal by or in respect of patients. \n4) Rules under this section may make provision as to the procedure to be adopted in cases concerning restricted patients and, in particular— \n\ta) for restricting the persons qualified to serve as chairman of the tribunal for the consideration of an application or reference relating to a restricted patient; \n\tb) for the transfer of proceedings to or from the tribunal in any case where, after the making of a reference or application in accordance with section 71(4) or 77(4) above, the patient begins or ceases to reside in Wales. \n5) Rules under this section may be so framed as to apply to all applications or references or to applications or references of any specified class and may make different provision in relation to different cases. \n6) Any functions conferred on the President of the Mental Health Review Tribunal for Wales by rules under this section may  . . . be exercised by another member of that tribunal appointed by him for the purpose. \n7) The Mental Health Review Tribunal for Wales may pay allowances in respect of travelling expenses, subsistence and loss of earnings to any person attending the tribunal as an applicant or witness, to the patient who is the subject of the proceedings if he attends otherwise than as the applicant or a witness and to any person (other than an authorised person (within the meaning of Part 3) ) who attends as the representative of an applicant. \n8)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) Part I of the Arbitration Act 1996 shall not apply to any proceedings before the Mental Health Review Tribunal for Wales except so far as any provisions of that Act may be applied, with or without modifications, by rules made under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/78",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/78",
    "legislation_id": "ukpga/1983/20",
    "title": "Procedure of Mental Health Review Tribunal for Wales.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 78,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.183665Z",
    "text": "Section 85) **Patients removed from Channel Islands or Isle of Man.**\n\n1) This section applies to any patient who is removed to England and Wales from any of the Channel Islands or the Isle of Man under a provision corresponding to section 83 above and who immediately before his removal was liable to be detained or subject to guardianship in the island in question under a provision corresponding to an enactment contained in this Act (other than section 35, 36 or 38 above). \n2) Where the patient is admitted to a hospital in England and Wales he shall be treated as if on the date of his admission he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the corresponding enactment contained in this Act and, where he is subject to an order or direction restricting his discharge, as if he were subject to a hospital order and a restriction order or to a hospital direction and a limitation direction or to a transfer direction and a restriction direction . \n3) Where the patient is received into guardianship in England and Wales, he shall be treated as if on the date on which he arrives at the place where he is to reside he had been so received in pursuance of an application, order or direction under the corresponding enactment contained in this Act and as if the application had been accepted or, as the case may be, the order or direction had been made or given on that date. \n4) Where the patient was immediately before his removal liable to be detained by virtue of a transfer direction given while he was serving a sentence of imprisonment imposed by a court in the island in question, he shall be treated as if the sentence had been imposed by a court in England and Wales. \n5) Where the patient was immediately before his removal subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if he had not been removed. \n6) While being conveyed to the hospital referred to in subsection (2) or, as the case may be, the place referred to in subsection (3) above, the patient shall be deemed to be in legal custody, and section 138 below shall apply to him as if he were in legal custody by virtue of section 137 below. \n7) In the case of a patient removed from the Isle of Man the reference in subsection (4) above to a person serving a sentence of imprisonment includes a reference to a person detained as mentioned in section 60(6)(a) of the Mental Health Act 1974 (an Act of Tynwald). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/85",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/85",
    "legislation_id": "ukpga/1983/20",
    "title": "Patients removed from Channel Islands or Isle of Man.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 85,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.669127Z",
    "text": "Section 5) **Application in respect of patient already in hospital.**\n\n1) An application for the admission of a patient to a hospital may be made under this Part of this Act notwithstanding that the patient is already an in-patient in that hospital or, in the case of an application for admission for treatment that the patient is for the time being liable to be detained in the hospital in pursuance of an application for admission for assessment; and where an application is so made the patient shall be treated for the purposes of this Part of this Act as if he had been admitted to the hospital at the time when that application was received by the managers. \n2) If, in the case of a patient who is an in-patient in a hospital, it appears to the registered medical practitioner or approved clinician in charge of the treatment of the patient that an application ought to be made under this Part of this Act for the admission of the patient to hospital, he may furnish to the managers a report in writing to that effect; and in any such case the patient may be detained in the hospital for a period of 72 hours from the time when the report is so furnished. \n3) The registered medical practitioner or approved clinician in charge of the treatment of a patient in a hospital may nominate one (but not more than one) person to act for him under subsection (2) above in his absence. \n3A) For the purposes of subsection (3) above— \n\ta) the registered medical practitioner may nominate another registered medical practitioner, or an approved clinician, on the staff of the hospital; and \n\tb) the approved clinician may nominate another approved clinician, or a registered medical practitioner, on the staff of the hospital. \n4) If, in the case of a patient who is receiving treatment for mental disorder as an in-patient in a hospital, it appears to a nurse of the prescribed class— \n\ta) that the patient is suffering from mental disorder to such a degree that it is necessary for his health or safety or for the protection of others for him to be immediately restrained from leaving the hospital; and \n\tb) that it is not practicable to secure the immediate attendance of a practitioner or clinician for the purpose of furnishing a report under subsection (2) above, the nurse may record that fact in writing; and in that event the patient may be detained in the hospital for a period of six hours from the time when that fact is so recorded or until the earlier arrival at the place where the patient is detained of a practitioner or clinician having power to furnish a report under that subsection. \n5) A record made under subsection (4) above shall be delivered by the nurse (or by a person authorised by the nurse in that behalf) to the managers of the hospital as soon as possible after it is made; and where a record is made under that subsection the period mentioned in subsection (2) above shall begin at the time when it is made. \n6) The reference in subsection (1) above to an in-patient does not include an in-patient who is liable to be detained in pursuance of an application under this Part of this Act or a community patient and the references in subsections (2) and (4) above do not include an in-patient who is liable to be detained in a hospital under this Part of this Act or a community patient . \n7) In subsection (4) above “prescribed” means prescribed by an order made by the Secretary of State. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/5",
    "legislation_id": "ukpga/1983/20",
    "title": "Application in respect of patient already in hospital.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.759088Z",
    "text": "Section 18) **Return and readmission of patients absent without leave.**\n\n1) Where a patient who is for the time being liable to be detained under this Part of this Act in a hospital— \n\ta) absents himself from the hospital without leave granted under section 17 above; or \n\tb) fails to return to the hospital on any occasion on which, or at the expiration of any period for which, leave of absence was granted to him under that section, or upon being recalled under that section; or \n\tc) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on the grant of leave of absence under that section, he may, subject to the provisions of this section, be taken into custody and returned to the hospital or place by any approved mental health professional ,  by any officer on the staff of the hospital, by any constable, or by any person authorised in writing by the managers of the hospital. \n2) Where the place referred to in paragraph (c) of subsection (1) above is a hospital other than the one in which the patient is for the time being liable to be detained, the references in that subsection to an officer on the staff of the hospital and the managers of the hospital shall respectively include references to an officer on the staff of the first-mentioned hospital and the managers of that hospital. \n2A) Where a community patient is at any time absent from a hospital to which he is recalled under section 17E above, he may, subject to the provisions of this section, be taken into custody and returned to the hospital by any approved mental health professional, by any officer on the staff of the hospital, by any constable, or by any person authorised in writing by the responsible clinician or the managers of the hospital. \n3) Where a patient who is for the time being subject to guardianship under this Part of this Act absents himself without the leave of the guardian from the place at which he is required by the guardian to reside, he may, subject to the provisions of this section, be taken into custody and returned to that place by any officer on the staff of a local social services authority, by any constable, or by any person authorised in writing by the guardian or a local social services authority. \n4) A patient shall not be taken into custody under this section after the later of— \n\ta) the end of the period of six months beginning with the first day of his absence without leave; and \n\tb) the end of the period for which (apart from section 21 below) he is liable to be detained or subject to guardianship or, in the case of a community patient, the community treatment order is in force ; . . . \n4A) In determining for the purposes of subsection (4)(b) above or any other provision of this Act whether a person who is or has been absent without leave is at any time liable to be detained or subject to guardianship, a report furnished under section 20 or 21B below before the first day of his absence without leave shall not be taken to have renewed the authority for his detention or guardianship unless the period of renewal began before that day. \n4B) Similarly, in determining for those purposes whether a community treatment order is at any time in force in respect of a person who is or has been absent without leave, a report furnished under section 20A or 21B below before the first day of his absence without leave shall not be taken to have extended the community treatment period unless the extension began before that day. \n5) A patient shall not be taken into custody under this section if the period for which he is liable to be detained is that specified in section 2(4), 4(4) or 5(2) or (4) above and that period has expired. \n6) In this Act “absent without leave” means absent from any hospital or other place and liable to be taken into custody and returned under this section, and related expressions shall be construed accordingly. \n7) In relation to a patient who has yet to comply with a requirement imposed by virtue of this Act to be in a hospital or place, references in this Act to his liability to be returned to the hospital or place shall include his liability to be taken to that hospital or place; and related expressions shall be construed accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/18",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/18",
    "legislation_id": "ukpga/1983/20",
    "title": "Return and readmission of patients absent without leave.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.200053Z",
    "text": "Section 87) **Patients absent from hospitals in Northern Ireland.**\n\n1) Any person who— \n\ta) under Article 29 or 132 of the Mental Health (Northern Ireland) Order 1986 (which provide, respectively, for the retaking of patients absent without leave and for the retaking of patients escaping from custody); or \n\tb) under the said Article 29 as applied by Article 31 of the said Order (which makes special provision as to persons sentenced to imprisonment), may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an approved mental health professional , by any constable or by any person authorised by or by virtue of the said Order to take him into custody. \n2) This section does not apply to any person who is subject to guardianship. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/87",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/87",
    "legislation_id": "ukpga/1983/20",
    "title": "Patients absent from hospitals in Northern Ireland.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 87,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.261287Z",
    "text": "Section 110) **Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.**\n\n1) This Part of this Act shall apply in relation to the property and affairs in Scotland or Northern Ireland of a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above as it applies in relation to his property and affairs in England and Wales unless— \n\ta) in Scotland, a . . .  judicial factor has been appointed for him; or \n\tb) in Northern Ireland, he is a patient in relation to whom powers have been exercised under Part VIII of the Mental Health (Northern Ireland) Order 1986, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order. \n2) Where under the law in force in Scotland . . .  with respect to the property and affairs of persons suffering from mental disorder a  . . .  judicial factor has been appointed for any person, the provisions of that law shall apply in relation to that person’s property and affairs in England and Wales unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above. \n2A) Part VIII of the Mental Health (Northern Ireland) Order 1986 shall apply in relation to the property and affairs in England and Wales of a patient in relation to whom powers have been exercised under that Part, or a person as to whom powers are exercisible and have been exercised under Article 97(2) of that Order as it applies in relation to his property and affairs in Northern Ireland unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above. \n3) Nothing in this section shall affect any power to execute a will under section 96(1)(e) above or Article 99(1)( e ) of the Mental Health (Northern Ireland) Order 1986 or the effect of any will executed in the exercise of such a power. \n4) In this section references to property do not include references to land or interests in land but this subsection shall not prevent the receipt of rent or other income arising from land or interests in land. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/110",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/110",
    "legislation_id": "ukpga/1983/20",
    "title": "Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 110,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.488618Z",
    "text": "SCHEDULE 2 Mental Health Review  Tribunal for Wales Section 65(2). \n1) The Mental Health Review Tribunal for Wales shall consist of— \n\ta) a number of persons (referred to in this Schedule as “the legal members”) appointed by the Lord Chancellor and having such legal experience as the Lord Chancellor considers suitable; \n\tb) a number of persons (referred to in this Schedule as “the medical members”) being registered medical practitioners appointed by the Lord Chancellor  . . .  ; and \n\tc) a number of persons appointed by the Lord Chancellor  . . .  and having such experience in administration, such knowledge of social services or such other qualifications or experience as the Lord Chancellor considers suitable. \n1A) As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State. \n2) Subject to paragraph 2A below, the members of the Mental Health Review Tribunal for Wales shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment. \n2A) A member of the Mental Health Review Tribunal for Wales shall vacate office on the day on which he attains the age of 75 . \n3) \n1) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for England to be the President of that tribunal. \n2) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for Wales to be the President of that tribunal. \n4) Subject to rules made by the Lord Chancellor under section 78(2)(c) above, the members who are to constitute the Mental Health Review Tribunal for Wales for the purposes of any proceedings or class or group of proceedings under this Act shall be appointed by the President of the tribunal or  ..., by another member of the tribunal appointed for the purpose by the President ; and of the members so appointed— \n\ta) one or more shall be appointed from the legal members; \n\tb) one or more shall be appointed from the medical members; and \n\tc) one or more shall be appointed from the members who are neither legal nor medical members. \n5) \n1) A member of the First-tier Tribunal who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the Senior President of Tribunals, act as a member of the Mental Health Review Tribunal for Wales. \n1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal but who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the President of Welsh Tribunals, act as a member of the Mental Health Review Tribunal for Wales. \n2) Every person while acting under this paragraph may perform any of the functions of a member of the Mental Health Review Tribunal for Wales. \n3) Until section 38(7) of the Mental Health Act 2007 comes into force, the reference in sub-paragraph (1) or (1A) to the President of the Mental Health Review Tribunal for Wales is to be read as a reference to the chairman of the tribunal. \n6) Subject to any rules made by the Lord Chancellor under section 78(4)(a) above, where the President of the tribunal is included among the persons appointed under paragraph 4 above, he shall be chairman of the tribunal; and in any other case the chairman of the tribunal shall be such one of the members so appointed (being one of the legal members) as the President may nominate. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/schedule/2",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/schedule/2",
    "legislation_id": "ukpga/1983/20",
    "title": "Mental Health Review Tribunal for Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.189413Z",
    "text": "Section 85ZA) **Responsibility for community patients transferred from Channel Islands or Isle of Man**\n\n1) This section shall have effect if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act. \n2) If responsibility for a patient is transferred to England and Wales under a provision corresponding to section 83ZA(3) above, he shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales— \n\ta) he had been admitted to the hospital in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the relevant enactments; and \n\tb) a community treatment order had then been made discharging him from the hospital. \n3) “The responsible hospital”, in his case, means the hospital to which he is treated as having been admitted by virtue of subsection (2) above, subject to section 19A above. \n4) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order. \n5) But the responsible clinician may only specify conditions under subsection (4) above which an approved mental health professional agrees should be specified. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/85ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/85ZA",
    "legislation_id": "ukpga/1983/20",
    "title": "Responsibility for community patients transferred from Channel Islands or Isle of Man",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.945801Z",
    "text": "Section 47) **Removal to hospital of persons serving sentences of imprisonment, etc.**\n\n1) If in the case of a person serving a sentence of imprisonment the Secretary of State is satisfied, by reports from at least two registered medical practitioners— \n\ta) that the said person is suffering from mental disorder ; and \n\tb) that the mental disorder from which that person is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment ; and \n\tc) that appropriate medical treatment is available for him; the Secretary of State may, if he is of the opinion having regard to the public interest and all the circumstances that it is expedient so to do, by warrant direct that that person be removed to and detained in such hospital  . . .  as may be specified in the direction; and a direction under this section shall be known as “a transfer direction”. \n2) A transfer direction shall cease to have effect at the expiration of the period of 14 days beginning with the date on which it is given unless within that period the person with respect to whom it was given has been received into the hospital specified in the direction. \n3) A transfer direction with respect to any person shall have the same effect as a hospital order made in his case. \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) References in this Part of this Act to a person serving a sentence of imprisonment include references— \n\ta) to a person detained in pursuance of any sentence or order for detention made by a court in criminal proceedings or service disciplinary proceedings (other than an order made in consequence of a finding of insanity or unfitness to stand trial or a sentence of service detention within the meaning of the Armed Forces Act 2006 ); \n\tb) to a person committed to custody under section 115(3) of the  Magistrates’ Courts Act 1980 (which relates to persons who fail to comply with an order to enter into recognisances to keep the peace or be of good behaviour); and \n\tc) to a person committed by a court to a prison or other institution to which the  Prison Act 1952 applies in default of payment of any sum adjudged to be paid on his conviction. \n6) In subsection (5)(a) “service disciplinary proceedings” means proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/47",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/47",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal to hospital of persons serving sentences of imprisonment, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 47,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.445498Z",
    "text": "Section 138) **Retaking of patients escaping from custody.**\n\n1) If any person who is in legal custody by virtue of section 137 above escapes, he may, subject to the provisions of this section, be retaken— \n\ta) in any case, by the person who had his custody immediately before the escape, or by any constable or approved mental health professional ; \n\tb) if at the time of the escape he was liable to be detained in a hospital within the meaning of Part II of this Act, or subject to guardianship under this Act, or a community patient who was recalled to hospital under section 17E above, by any other person who could take him into custody under section 18 above if he had absented himself without leave. \n2) A person to whom paragraph (b) of subsection (1) above applies shall not be retaken under this section after the expiration of the period within which he could be retaken under section 18 above if he had absented himself without leave on the day of his escape unless he is subject to a restriction order under Part III of this Act or an order or direction having the same effect as such an order; and subsection (4) of the said section 18 shall apply with the necessary modifications accordingly. \n3) A person who escapes while being taken to or detained in a place of safety under section 135 or 136 above shall not be retaken under this section — \n\ta) in a case where the person escapes while being removed to a place of safety in the execution of a warrant under section 135(1) or under section 136(1), after the end of the period of 24 hours beginning with the escape; \n\tb) in a case where the person escapes after the beginning of the period that is the permitted period of detention in relation to the person under section 135(3ZA) or 136(2A), after the end of that period (taking into account any authorisation under section 136B(1) that was given before the person escaped). \n4) This section, so far as it relates to the escape of a person liable to be detained in a hospital within the meaning of Part II of this Act, shall apply in relation to a person who escapes— \n\ta) while being taken to or from such a hospital in pursuance of regulations under section 19 above, or of any order, direction or authorisation under Part III or VI of this Act (other than under section 35, 36, 38, 53, 83 or 85)  ... ; or \n\tb) while being taken to or detained in a place of safety in pursuance of an order under Part III of this Act (other than under section 35, 36 or 38 above) pending his admission to such a hospital, as if he were liable to be detained in that hospital and, if he had not previously been received in that hospital, as if he had been so received. \n5) In computing for the purposes of the power to give directions under section 37(4) above and for the purposes of sections 37(5) and 40(1) above the period of 28 days mentioned in those sections, no account shall be taken of any time during which the patient is at large and liable to be retaken by virtue of this section. \n6) Section 21 above shall, with any necessary modifications, apply in relation to a patient who is at large and liable to be retaken by virtue of this section as it applies in relation to a patient who is absent without leave and references in that section to section 18 above shall be construed accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/138",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/138",
    "legislation_id": "ukpga/1983/20",
    "title": "Retaking of patients escaping from custody.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 138,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.278353Z",
    "text": "Section 114A) **Approval of courses: Wales**\n\n1) The Social Care Wales may, in accordance with rules made by it, approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in Wales. \n2) For that purpose— \n\ta) subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and \n\tb) sections 73 to 75 and section 115 of that Act apply accordingly. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) The functions of an approved mental health professional shall not be considered to be relevant social work for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 . \n5) The  ... Social Care Wales may also carry out, or assist other persons in carrying out, research into matters relevant to training for approved mental health professionals. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/114A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/114A",
    "legislation_id": "ukpga/1983/20",
    "title": "Approval of courses: Wales",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.202991Z",
    "text": "Section 89) **Patients absent from hospitals in the Channel Islands or Isle of Man.**\n\n1) Any person who under any provision corresponding to section 18 above or 138 below may be taken into custody in any of the Channel Islands or the Isle of Man may be taken into custody in, and returned to the island in question from, England and Wales by an approved mental health professional or a constable. \n2) This section does not apply to any person who is subject to guardianship. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/89",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/89",
    "legislation_id": "ukpga/1983/20",
    "title": "Patients absent from hospitals in the Channel Islands or Isle of Man.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 89,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.839522Z",
    "text": "Section 29) **Appointment by court of acting nearest relative.**\n\n1) The county court may, upon application made in accordance with the provisions of this section in respect of a patient, by order direct that the functions of the nearest relative of the patient under this Part of this Act and sections 66 and 69 below shall, during the continuance in force of the order, be exercisable by the person specified in the order . \n1A) If the court decides to make an order on an application under subsection (1) above, the following rules have effect for the purposes of specifying a person in the order— \n\ta) if a person is nominated in the application to act as the patient's nearest relative and that person is, in the opinion of the court, a suitable person to act as such and is willing to do so, the court shall specify that person (or, if there are two or more such persons, such one of them as the court thinks fit); \n\tb) otherwise, the court shall specify such person as is, in its opinion, a suitable person to act as the patient's nearest relative and is willing to do so. \n2) An order under this section may be made on the application of— \n\tza) the patient; \n\ta) any relative of the patient; \n\tb) any other person with whom the patient is residing (or, if the patient is then an in-patient in a hospital, was last residing before he was admitted); or \n\tc) an approved mental health professional ;  . . . \n3) An application for an order under this section may be made upon any of the following grounds, that is to say— \n\ta) that the patient has no nearest relative within the meaning of this Act, or that it is not reasonably practicable to ascertain whether he has such a relative, or who that relative is; \n\tb) that the nearest relative of the patient is incapable of acting as such by reason of mental disorder or other illness; \n\tc) that the nearest relative of the patient unreasonably objects to the making of an application for admission for treatment or a guardianship application in respect of the patient;  . . . \n\td) that the nearest relative of the patient has exercised without due regard to the welfare of the patient or the interests of the public his power to discharge the patient  . . .   under this Part of this Act, or is likely to do so. ; or \n\te) that the nearest relative of the patient is otherwise not a suitable person to act as such. \n4) If, immediately before the expiration of the period for which a patient is liable to be detained by virtue of an application for admission for assessment, an application under this section, which is an application made on the ground specified in subsection (3)(c) or (d) above, is pending in respect of the patient, that period shall be extended— \n\ta) in any case, until the application under this section has been finally disposed of; and \n\tb) if an order is made in pursuance of the application under this section, for a further period of seven days; and for the purposes of this subsection an application under this section shall be deemed to have been finally disposed of at the expiration of the time allowed for appealing from the decision of the court or, if notice of appeal has been given within that time, when the appeal has been heard or withdrawn, and “pending” shall be construed accordingly. \n5) An order made on the ground specified in subsection (3)(a), (b) or (e) above may specify a period for which it is to continue in force unless previously discharged under section 30 below. \n6) While an order made under this section is in force, the provisions of this Part of this Act (other than this section and section 30 below) and sections 66, 69, 132(4) and 133 below shall apply in relation to the patient as if for any reference to the nearest relative of the patient there were substituted a reference to the person having the functions of that relative and (without prejudice to section 30 below) shall so apply notwithstanding that the person who was the patient’s nearest relative when the order was made is no longer his nearest relative; but this subsection shall not apply to section 66 below in the case mentioned in paragraph (h) of subsection (1) of that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/29",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/29",
    "legislation_id": "ukpga/1983/20",
    "title": "Appointment by court of acting nearest relative.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 29,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.741083Z",
    "text": "Section 17A) **Community treatment orders**\n\n1) The responsible clinician may by order in writing discharge a detained patient from hospital subject to his being liable to recall in accordance with section 17E below. \n2) A detained patient is a patient who is liable to be detained in a hospital in pursuance of an application for admission for treatment. \n3) An order under subsection (1) above is referred to in this Act as a  “community treatment order”. \n4) The responsible clinician may not make a community treatment order unless— \n\ta) in his opinion, the relevant criteria are met; and \n\tb) an approved mental health professional states in writing— \n\t\ti) that he agrees with that opinion; and \n\t\tii) that it is appropriate to make the order. \n5) The relevant criteria are— \n\ta) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment; \n\tb) it is necessary for his health or safety or for the protection of other persons that he should receive such treatment; \n\tc) subject to his being liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his continuing to be detained in a hospital; \n\td) it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) below to recall the patient to hospital; and \n\te) appropriate medical treatment is available for him. \n6) In determining whether the criterion in subsection (5)(d) above is met, the responsible clinician shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were not detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder). \n7) In this Act— \n\t- “community patient” means a patient in respect of whom a community treatment order is in force;\n\t- “the community treatment order”, in relation to such a patient, means the community treatment order in force in respect of him; and\n\t- “the responsible hospital”, in relation to such a patient, means the hospital in which he was liable to be detained immediately before the community treatment order was made, subject to section 19A below.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17A",
    "legislation_id": "ukpga/1983/20",
    "title": "Community treatment orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.276724Z",
    "text": "Section 114ZA) **Approval of courses: England**\n\n1) Social Work England may approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England. \n2) Social Work England must publish a list of— \n\ta) the courses which are approved under this section, and \n\tb) the courses which have been, but are no longer, approved under this section and the periods for which they were so approved. \n3) The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) Social Work England may charge fees for approving courses under subsection (1). \n6) In this section “Social Work England” means the body corporate established by section 36(1) of the Children and Social Work Act 2017. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/114ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/114ZA",
    "legislation_id": "ukpga/1983/20",
    "title": "Approval of courses: England",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.328405Z",
    "text": "Section 127) **Ill-treatment of patients.**\n\n1) It shall be an offence for any person who is an officer on the staff of or otherwise employed in, or who is one of the managers of, a hospital , independent hospital or care home — \n\ta) to ill-treat or wilfully to neglect a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or home; or \n\tb) to ill-treat or wilfully to neglect, on the premises of which the hospital or home forms part, a patient for the time being receiving such treatment there as an out-patient. \n2) It shall be an offence for any individual to ill-treat or wilfully to neglect a mentally disordered patient who is for the time being subject to his guardianship under this Act or otherwise in his custody or care (whether by virtue of any legal or moral obligation or otherwise). \n2A)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) Any person guilty of an offence under this section shall be liable— \n\ta) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; \n\tb) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine of any amount, or to both. \n4) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/127",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/127",
    "legislation_id": "ukpga/1983/20",
    "title": "Ill-treatment of patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 127,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.749990Z",
    "text": "Section 17E) **Power to recall to hospital**\n\n1) The responsible clinician may recall a community patient to hospital if in his opinion— \n\ta) the patient requires medical treatment in hospital for his mental disorder; and \n\tb) there would be a risk of harm to the health or safety of the patient or to other persons if the patient were not recalled to hospital for that purpose. \n2) The responsible clinician may also recall a community patient to hospital if the patient fails to comply with a condition specified under section 17B(3) above. \n3) The hospital to which a patient is recalled need not be the responsible hospital. \n4) Nothing in this section prevents a patient from being recalled to a hospital even though he is already in the hospital at the time when the power of recall is exercised; references to recalling him shall be construed accordingly. \n5) The power of recall under subsections (1) and (2) above shall be exercisable by notice in writing to the patient. \n6) A notice under this section recalling a patient to hospital shall be sufficient authority for the managers of that hospital to detain the patient there in accordance with the provisions of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17E",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17E",
    "legislation_id": "ukpga/1983/20",
    "title": "Power to recall to hospital",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.270071Z",
    "text": "Section 113) **Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.**\nThe provisions of the Acts described in Schedule 3 to this Act which are specified in the third column of that Schedule, so far as they make special provision for persons suffering from mental disorder, shall not have effect in relation to patients and to persons as to whom powers are exercisable and have been exercised under section 98 above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/113",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/113",
    "legislation_id": "ukpga/1983/20",
    "title": "Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 113,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.767280Z",
    "text": "Section 19) **Regulations as to transfer of patients.**\n\n1) In such circumstances and subject to such conditions as may be prescribed by regulations made by the Secretary of State— \n\ta) a patient who is for the time being liable to be detained in a hospital by virtue of an application under this Part of this Act may be transferred to another hospital or into the guardianship of a local social services authority or of any person approved by such an authority; \n\tb) a patient who is for the time being subject to the guardianship of a local social services authority or other person by virtue of an application under this Part of this Act may be transferred into the guardianship of another local social services authority or person, or be transferred to a hospital. \n2) Where a patient is transferred in pursuance of regulations under this section, the provisions of this Part of this Act (including this subsection) shall apply to him as follows, that is to say— \n\ta) in the case of a patient who is liable to be detained in a hospital by virtue of an application for admission for assessment or for treatment and is transferred to another hospital, as if the application were an application for admission to that other hospital and as if the patient had been admitted to that other hospital at the time when he was originally admitted in pursuance of the application; \n\tb) in the case of a patient who is liable to be detained in a hospital by virtue of such an application and is transferred into guardianship, as if the application were a guardianship application duly accepted at the said time; \n\tc) in the case of a patient who is subject to guardianship by virtue of a guardianship application and is transferred into the guardianship of another authority or person, as if the application were for his reception into the guardianship of that authority or person and had been accepted at the time when it was originally accepted; \n\td) in the case of a patient who is subject to guardianship by virtue of a guardianship application and is transferred to a hospital, as if the guardianship application were an application for admission to that hospital for treatment and as if the patient had been admitted to the hospital at the time when the application was originally accepted. \n3) Without prejudice to subsections (1) and (2) above, any patient, who is for the time being liable to be detained under this Part of this Act in a hospital vested in the Secretary of State for the purposes of his functions under the National Health Service Act 2006, in a hospital vested in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006, in any accommodation used under either of those Acts by the managers of such a hospital or in a hospital vested in a National Health Service trust NHS foundation trust or Local Health Board  ... , may at any time be removed to any other such hospital or accommodation which is managed by the managers of, or is vested in the National Health Service trust NHS foundation trust or Local Health Board  ... for, the first-mentioned hospital ; and paragraph (a) of subsection (2) above shall apply in relation to a patient so removed as it applies in relation to a patient transferred in pursuance of regulations made under this section. \n4) Regulations made under this section may make provision for regulating the conveyance to their destination of patients authorised to be transferred or removed in pursuance of the regulations or under subsection (3) above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/19",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/19",
    "legislation_id": "ukpga/1983/20",
    "title": "Regulations as to transfer of patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.382948Z",
    "text": "Section 130K) **Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients**\n\n1) The responsible person in relation to a Welsh qualifying compulsory patient (within the meaning given by section 130I above) shall take such steps as are practicable to ensure that the patient understands– \n\ta) that help is available to him from an independent mental health advocate; and \n\tb) how he can obtain that help. \n2) In subsection (1) above, the  “responsible person” means– \n\ta) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above (other than one also falling within paragraph (b) below), the managers of the hospital or registered establishment in which he is liable to be detained; or \n\tb) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above and conditionally discharged by virtue of section 42(2), 73 or 74 above, the responsible clinician; \n\tc) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(b) above, the responsible local social services authority within the meaning of section 34(3) above; \n\td) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(c) above, the managers of the responsible hospital; \n\te) in relation to a Welsh qualifying compulsory patient falling within section 130I(3) above, the registered medical practitioner or approved clinician with whom the patient first discusses the possibility of being given the treatment concerned. \n3) The steps to be taken under subsection (1) above shall be taken– \n\ta) where the responsible person falls within subsection (2)(a) above, as soon as practicable after the patient becomes liable to be detained; \n\tb) where the responsible person falls within subsection (2)(b) above, as soon as practicable after the conditional discharge; \n\tc) where the responsible person falls within subsection (2)(c) above, as soon as practicable after the patient becomes subject to guardianship; \n\td) where the responsible person falls within subsection (2)(d) above, as soon as practicable after the patient becomes a community patient; \n\te) where the responsible person falls within subsection (2)(e) above, while the discussion with the patient is taking place or as soon as practicable thereafter. \n4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing. \n5) The responsible person in relation to a Welsh qualifying compulsory patient falling within section 130I(2) above (other than a patient liable to be detained by virtue of Part 3 of this Act) shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above. \n6) A person falls within this subsection if– \n\ta) the person appears to the responsible person to be the patient's nearest relative; \n\tb) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient; \n\tc) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient. \n7) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130K",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130K",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.389525Z",
    "text": "Section 130L) **Duty to give information about independent mental health advocates to Welsh qualifying informal patients**\n\n1) The responsible person in relation to a Welsh qualifying informal patient (within the meaning given by section 130J above) shall take such steps as are practicable to ensure that the patient understands– \n\ta) that help is available to him from an independent mental health advocate; and \n\tb) how he can obtain that help. \n2) In subsection (1) above, the  “responsible person” means the managers of the hospital or registered establishment to which the patient is admitted as an in-patient. \n3) The steps to be taken under subsection (1) above shall be taken as soon as practicable after the patient becomes an in-patient. \n4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing. \n5) The responsible person in relation to a Welsh qualifying informal patient shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above. \n6) A person falls within this subsection if– \n\ta) the person appears to the responsible person to be a carer of the patient; \n\tb) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient; \n\tc) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient. \n7) In subsection (6),  “carer”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated); \n8) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130L",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130L",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty to give information about independent mental health advocates to Welsh qualifying informal patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.355504Z",
    "text": "Section 130D) **Duty to give information about independent mental health advocates**\n\n1) The responsible person in relation to a qualifying patient (within the meaning given by section 130C above) shall take such steps as are practicable to ensure that the patient understands— \n\ta) that help is available to him from an independent mental health advocate; and \n\tb) how he can obtain that help. \n2) In subsection (1) above,  “the responsible person” means— \n\ta) in relation to a qualifying patient falling within section 130C(2)(a) above (other than one also falling within paragraph (b) below), the managers of the hospital or registered establishment in which he is liable to be detained; \n\tb) in relation to a qualifying patient falling within section 130C(2)(a) above and conditionally discharged by virtue of section 42(2), 73 or 74 above, the responsible clinician; \n\tc) in relation to a qualifying patient falling within section 130C(2)(b) above, the responsible local social services authority within the meaning of section 34(3) above; \n\td) in relation to a qualifying patient falling within section 130C(2)(c) above, the managers of the responsible hospital; \n\te) in relation to a qualifying patient falling within section 130C(3) above, the registered medical practitioner or approved clinician with whom the patient first discusses the possibility of being given the treatment concerned. \n3) The steps to be taken under subsection (1) above shall be taken— \n\ta) where the responsible person falls within subsection (2)(a) above, as soon as practicable after the patient becomes liable to be detained; \n\tb) where the responsible person falls within subsection (2)(b) above, as soon as practicable after the conditional discharge; \n\tc) where the responsible person falls within subsection (2)(c) above, as soon as practicable after the patient becomes subject to guardianship; \n\td) where the responsible person falls within subsection (2)(d) above, as soon as practicable after the patient becomes a community patient; \n\te) where the responsible person falls within subsection (2)(e) above, while the discussion with the patient is taking place or as soon as practicable thereafter. \n4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing. \n5) The responsible person in relation to a qualifying patient falling within section 130C(2) above (other than a patient liable to be detained by virtue of Part 3 of this Act) shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to the responsible person to be the patient's nearest relative with a copy of any information given to the patient in writing under subsection (1) above. \n6) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130D",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130D",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty to give information about independent mental health advocates",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.133987Z",
    "text": "Section 78A) **Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal**\n\n1) A party to any proceedings before the Mental Health Review Tribunal for Wales may appeal to the Upper Tribunal on any point of law arising from a decision made by the Mental Health Review Tribunal for Wales in those proceedings. \n2) An appeal may be brought under subsection (1) above only if, on an application made by the party concerned, the Mental Health Review Tribunal for Wales or the Upper Tribunal has given its permission for the appeal to be brought. \n3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Mental Health Review Tribunal for Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/78A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/78A",
    "legislation_id": "ukpga/1983/20",
    "title": "Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.867985Z",
    "text": "Section 35) **Remand to hospital for report on accused’s mental condition.**\n\n1) Subject to the provisions of this section, the Crown Court or a magistrates’ court may remand an accused person to a hospital specified by the court for a report on his mental condition. \n2) For the purposes of this section an accused person is— \n\ta) in relation to the Crown Court, any person who is awaiting trial before the court for an offence punishable with imprisonment or who has been arraigned before the court for such offence and has not yet been sentenced or otherwise dealt with for the offence on which he has been arraigned; \n\tb) in relation to a magistrates’ court, any person who has been convicted by the court of an offence punishable on summary conviction with imprisonment and any person charged with such an offence if the court is satisfied that he did the act or made the omission charged or he has consented to the exercise by the court of the powers conferred by this section. \n3) Subject to subsection (4) below, the powers conferred by this section may be exercised if— \n\ta) the court is satisfied, on the written or oral evidence of a registered medical practitioner, that there is reason to suspect that the accused person is suffering from mental disorder ; and \n\tb) the court is of the opinion that it would be impracticable for a report on his mental condition to be made if he were remanded on bail; but those powers shall not be exercised by the Crown Court in respect of a person who has been convicted before the court if the sentence for the offence of which he has been convicted is fixed by law. \n4) The court shall not remand an accused person to a hospital under this section unless satisfied, on the written or oral evidence of the approved clinician who would be responsible for making the report or of some other person representing the managers of the hospital, that arrangements have been made for his admission to that hospital and for his admission to it within the period of seven days beginning with the date of the remand; and if the court is so satisfied it may, pending his admission, give directions for his conveyance to and detention in a place of safety. \n5) Where a court has remanded an accused person under this section it may further remand him if it appears to the court, on the written or oral evidence of the approved clinician responsible for making the report, that a further remand is necessary for completing the assessment of the accused person’s mental condition. \n6) The power of further remanding an accused person under this section may be exercised by the court without his being brought before the court if he is represented by an authorised person who is given an opportunity of being heard. \n7) An accused person shall not be remanded or further remanded under this section for more than 28 days at a time or for more than 12 weeks in all; and the court may at any time terminate the remand if it appears to the court that it is appropriate to do so. \n8) An accused person remanded to hospital under this section shall be entitled to obtain at his own expense an independent report on his mental condition from a registered medical practitioner or approved clinician chosen by him and to apply to the court on the basis of it for his remand to be terminated under subsection (7) above. \n9) Where an accused person is remanded under this section— \n\ta) a constable or any other person directed to do so by the court shall convey the accused person to the hospital specified by the court within the period mentioned in subsection (4) above; and \n\tb) the managers of the hospital shall admit him within that period and thereafter detain him in accordance with the provisions of this section. \n10) If an accused person absconds from a hospital to which he has been remanded under this section, or while being conveyed to or from that hospital, he may be arrested without warrant by any constable and shall, after being arrested, be brought as soon as practicable before the court that remanded him; and the court may thereupon terminate the remand and deal with him in any way in which it could have dealt with him if he had not been remanded under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/35",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/35",
    "legislation_id": "ukpga/1983/20",
    "title": "Remand to hospital for report on accused’s mental condition.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 35,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.995937Z",
    "text": "Section 58A) **Electro-convulsive therapy, etc.**\n\n1) This section applies to the following forms of medical treatment for mental disorder— \n\ta) electro-convulsive therapy; and \n\tb) such other forms of treatment as may be specified for the purposes of this section by regulations made by the appropriate national authority. \n2) Subject to section 62 below, a patient shall be not be given any form of treatment to which this section applies unless he falls within subsection (3), (4) or (5) below. \n3) A patient falls within this subsection if— \n\ta) he has attained the age of 18 years; \n\tb) he has consented to the treatment in question; and \n\tc) either the approved clinician in charge of it or a registered medical practitioner appointed as mentioned in section 58(3) above has certified in writing that the patient is capable of understanding the nature, purpose and likely effects of the treatment and has consented to it. \n4) A patient falls within this subsection if— \n\ta) he has not attained the age of 18 years; but \n\tb) he has consented to the treatment in question; and \n\tc) a registered medical practitioner appointed as aforesaid (not being the approved clinician in charge of the treatment) has certified in writing— \n\t\ti) that the patient is capable of understanding the nature, purpose and likely effects of the treatment and has consented to it; and \n\t\tii) that it is appropriate for the treatment to be given. \n5) A patient falls within this subsection if a registered medical practitioner appointed as aforesaid (not being the responsible clinician (if there is one) or the approved clinician in charge of the treatment in question) has certified in writing— \n\ta) that the patient is not capable of understanding the nature, purpose and likely effects of the treatment; but \n\tb) that it is appropriate for the treatment to be given; and \n\tc) that giving him the treatment would not conflict with— \n\t\ti) an advance decision which the registered medical practitioner concerned is satisfied is valid and applicable; or \n\t\tii) a decision made by a donee or deputy or by the Court of Protection. \n6) Before giving a certificate under subsection (5) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient's medical treatment but, of those persons— \n\ta) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and \n\tb) neither shall be the responsible clinician (if there is one) or the approved clinician in charge of the treatment in question. \n7) This section shall not by itself confer sufficient authority for a patient who falls within section 56(5) above to be given a form of treatment to which this section applies if he is not capable of understanding the nature, purpose and likely effects of the treatment (and cannot therefore consent to it). \n8) Before making any regulations for the purposes of this section, the appropriate national authority shall consult such bodies as appear to it to be concerned. \n9) In this section— \n\ta) a reference to an advance decision is to an advance decision (within the meaning of the Mental Capacity Act 2005) made by the patient; \n\tb) “valid and applicable”, in relation to such a decision, means valid and applicable to the treatment in question in accordance with section 25 of that Act; \n\tc) a reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act; and \n\td) a reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act. \n10) In this section,  “the appropriate national authority” means— \n\ta) in a case where the treatment in question would, if given, be given in England, the Secretary of State; \n\tb) in a case where the treatment in question would, if given, be given in Wales, the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/58A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/58A",
    "legislation_id": "ukpga/1983/20",
    "title": "Electro-convulsive therapy, etc.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.175547Z",
    "text": "Section 82A) **Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland**\n\n1) If it appears to the Department of Justice in Northern Ireland , in the case of a patient who— \n\ta) is subject to a restriction order or restriction direction under Article 47(1) or 55(1) of the  Mental Health (Northern Ireland) Order 1986; and \n\tb) has been conditionally discharged under Article 48(2) or 78(2) of that Order, that a transfer under this section would be in the interests of the patient, the Department of Justice in Northern Ireland may, with the consent of the Secretary of State, transfer responsibility for the patient to the Secretary of State. \n2) Where responsibility for such a patient is transferred under this section, the patient shall be treated— \n\ta) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and \n\tb) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above. \n3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a restriction order or restriction direction of limited duration, the restriction order or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/82A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/82A",
    "legislation_id": "ukpga/1983/20",
    "title": "Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.847363Z",
    "text": "Section 30) **Discharge and variation of orders under s. 29.**\n\n1) An order made under section 29 above in respect of a patient may be discharged by the county court upon application made— \n\ta) in any case, by the patient or the person having the functions of the nearest relative of the patient by virtue of the order; \n\tb) where the order was made on the ground specified in paragraph (a) , (b) or (e) of section 29(3) above, or where the person who was the nearest relative of the patient when the order was made has ceased to be his nearest relative, on the application of the nearest relative of the patient. \n1A) But, in the case of an order made on the ground specified in paragraph (e) of section 29(3) above, an application may not be made under subsection (1)(b) above by the person who was the nearest relative of the patient when the order was made except with leave of the county court. \n2) An order made under section 29 above in respect of a patient may be varied by the county court, on the application of   the person having the functions of the nearest relative by virtue of the order or on the application of the patient or of an approved mental health professional , by substituting another person for the person having those functions . \n2A) If the court decides to vary an order on an application under subsection (2) above, the following rules have effect for the purposes of substituting another person— \n\ta) if a person is nominated in the application to act as the patient's nearest relative and that person is, in the opinion of the court, a suitable person to act as such and is willing to do so, the court shall specify that person (or, if there are two or more such persons, such one of them as the court thinks fit); \n\tb) otherwise, the court shall specify such person as is, in its opinion, a suitable person to act as the patient's nearest relative and is willing to do so. \n3) If the person having the functions of the nearest relative of a patient by virtue of an order under section 29 above dies— \n\ta) subsections (1) and (2) above shall apply as if for any reference to that person there were substituted a reference to any relative of the patient, and \n\tb) until the order is discharged or varied under those provisions the functions of the nearest relative under this Part of this Act and sections 66 and 69 below shall not be exercisable by any person. \n4) An order made on the ground specified in paragraph (c) or (d) of section 29(3) above shall, unless previously discharged under subsection (1) above, cease to have effect as follows — \n\ta) if— \n\t\ti) on the date of the order the patient was liable to be detained or subject to guardianship by virtue of a relevant application, order or direction; or \n\t\tii) he becomes so liable or subject within the period of three months beginning with that date; or \n\t\tiii) he was a community patient on the date of the order, it shall cease to have effect when he is discharged under section 23 above or 72 below or the relevant application, order or direction otherwise ceases to have effect (except as a result of his being transferred in pursuance of regulations under section 19 above); \n\tb) otherwise, it shall cease to have effect at the end of the period of three months beginning with the date of the order. \n4A) In subsection (4) above, reference to a relevant application, order or direction is to any of the following— \n\ta) an application for admission for treatment; \n\tb) a guardianship application; \n\tc) an order or direction under Part 3 of this Act (other than under section 35, 36 or 38). \n4B) An order made on the ground specified in paragraph (a), (b) or (e) of section 29(3) above shall— \n\ta) if a period was specified under section 29(5) above, cease to have effect on expiry of that period, unless previously discharged under subsection (1) above; \n\tb) if no such period was specified, remain in force until it is discharged under subsection (1) above. \n5) The discharge or variation under this section of an order made under section 29 above shall not affect the validity of anything previously done in pursuance of the order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/30",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/30",
    "legislation_id": "ukpga/1983/20",
    "title": "Discharge and variation of orders under s. 29.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 30,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.323579Z",
    "text": "Section 122) **Provision of pocket money for in-patients in hospital.**\n\n1) Welsh Ministers may (in relation to Wales) pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in special hospitals or other hospitals, being hospitals wholly or mainly used for the treatment of persons suffering from mental disorder, such amounts as the Welsh Ministers think fit in respect of those persons' occasional personal expenses where it appears to the Welsh Ministers that those persons would otherwise be without resources to meet those expenses. \n2) For the purposes of  ... the National Health Service (Wales) Act 2006 , the making of payments under this section to persons for whom hospital services are provided under that Act shall be treated as included among those services. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/122",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/122",
    "legislation_id": "ukpga/1983/20",
    "title": "Provision of pocket money for in-patients in hospital.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 122,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.855228Z",
    "text": "Section 32) **Regulations for purposes of Part II.**\n\n1) The Secretary of State may make regulations for prescribing anything which, under this Part of this Act, is required or authorised to be prescribed, and otherwise for carrying this Part of this Act into full effect. \n2) Regulations under this section may in particular make provision— \n\ta) for prescribing the form of any application, recommendation, report, order, notice or other document to be made or given under this Part of this Act; \n\tb) for prescribing the manner in which any such application, recommendation, report, order, notice or other document may be proved, and for regulating the service of any such application, report, order or notice; \n\tc) for requiring such bodies as may be prescribed by the regulations to keep such registers or other records as may be so prescribed in respect of patients liable to be detained or subject to guardianship  . . .   under this Part of this Act or community patients , and to furnish or make available to those patients, and their relatives, such written statements of their rights and powers under this Act as may be so prescribed; \n\td) for the determination in accordance with the regulations of the age of any person whose exact age cannot be ascertained by reference to the registers kept under the  Births and Deaths Registration Act 1953; and \n\te) for enabling the functions under this Part of this Act of the nearest relative of a patient to be performed, in such circumstances and subject to such conditions (if any) as may be prescribed by the regulations, by any person authorised in that behalf by that relative; and for the purposes of this Part of this Act any application, report or notice the service of which is regulated under paragraph (b) above shall be deemed to have been received by or furnished to the authority or person to whom it is authorised or required to be furnished, addressed or given if it is duly served in accordance with the regulations. \n3) Without prejudice to subsections (1) and (2) above, but subject to section 23(4) and (6) above, regulations under this section may determine the manner in which functions under this Part of this Act of the managers of hospitals, local social services authorities, Local Health Board Special Health Authorities ... , National Health Service trusts or NHS foundation trusts are to be exercised, and such regulations may in particular specify the circumstances in which, and the conditions subject to which, any such functions may be performed by officers of or other persons acting on behalf of those managers , boards, authorities and trusts . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/32",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/32",
    "legislation_id": "ukpga/1983/20",
    "title": "Regulations for purposes of Part II.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 32,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.962815Z",
    "text": "Section 51) **Further provisions as to detained persons.**\n\n1) This section has effect where a transfer direction has been given in respect of any such person as is described in paragraph (a) of section 48(2) above and that person is in this section referred to as “the detainee”. \n2) The transfer direction shall cease to have effect when the detainee’s case is disposed of by the court having jurisdiction to try or otherwise deal with him, but without prejudice to any power of that court to make a hospital order or other order under this Part of this Act in his case. \n3) If the Secretary of State is notified by the responsible clinician , any other approved clinician or the appropriate tribunal at any time before the detainee’s case is disposed of by that court— \n\ta) that the detainee no longer requires treatment in hospital for mental disorder; or \n\tb) that no effective treatment for his disorder can be given at the hospital to which he has been removed, the Secretary of State may by warrant direct that he be remitted to any place where he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed, and on his arrival at the place to which he is so remitted the transfer direction shall cease to have effect. \n4) If (no direction having been given under subsection (3) above) the court having jurisdiction to try or otherwise deal with the detainee is satisfied on the written or oral evidence of the responsible clinician — \n\ta) that the detainee no longer requires treatment in hospital for mental disorder; or \n\tb) that no effective treatment for his disorder can be given at the hospital to which he has been removed, the court may order him to be remitted to any such place as is mentioned in subsection (3) above or , subject to section 25 of the Criminal Justice and Public Order Act 1994, released on bail and on his arrival at that place or, as the case may be, his release on bail the transfer direction shall cease to have effect. \n5) If (no direction or order having been given or made under subsection (3) or (4) above) it appears to the court having jurisdiction to try or otherwise deal with the detainee— \n\ta) that it is impracticable or inappropriate to bring the detainee before the court; and \n\tb) that the conditions set out in subsection (6) below are satisfied, the court may make a hospital order (with or without a restriction order) in his case in his absence and, in the case of a person awaiting trial, without convicting him. \n6) A hospital order may be made in respect of a person under subsection (5) above if the court— \n\ta) is satisfied, on the written or oral evidence of at least two registered medical practitioners, that \n\t\ti) the detainee is suffering from mental disorder of a nature or degree which makes it appropriate for the patient to be detained in a hospital for medical treatment; and \n\t\tii) appropriate medical treatment is available for him; and \n\tb) is of the opinion, after considering any depositions or other documents required to be sent to the proper officer of the court, that it is proper to make such an order. \n7) Where a person committed to the Crown Court to be dealt with under section 43 above is admitted to a hospital in pursuance of an order under section 44 above, subsections (5) and (6) above shall apply as if he were a person subject to a transfer direction. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/51",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/51",
    "legislation_id": "ukpga/1983/20",
    "title": "Further provisions as to detained persons.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 51,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.280791Z",
    "text": "Section 116) **Welfare of certain hospital patients.**\n\n1) Where a patient to whom this section applies is admitted to a hospital independent hospital or care home in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents. \n2) This section applies to- \n\ta) a child or young person— \n\t\ti) who is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989, or \n\t\tii) in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968; \n\tb) a person who is subject to the guardianship of a local social services authority under the provisions of this Act  . . .  ; or \n\tc) a person the functions of whose nearest relative under this Act  . . .  are for the time being transferred to a local social services authority. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/116",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/116",
    "legislation_id": "ukpga/1983/20",
    "title": "Welfare of certain hospital patients.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 116,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.790010Z",
    "text": "Section 20A) **Community treatment period**\n\n1) Subject to the provisions of this Part of this Act, a community treatment order shall cease to be in force on expiry of the period of six months beginning with the day on which it was made. \n2) That period is referred to in this Act as  “the community treatment period”. \n3) The community treatment period may, unless the order has previously ceased to be in force, be extended— \n\ta) from its expiration for a period of six months; \n\tb) from the expiration of any period of extension under paragraph (a) above for a further period of one year, and so on for periods of one year at a time. \n4) Within the period of two months ending on the day on which the order would cease to be in force in default of an extension under this section, it shall be the duty of the responsible clinician— \n\ta) to examine the patient; and \n\tb) if it appears to him that the conditions set out in subsection (6) below are satisfied and if a statement under subsection (8) below is made, to furnish to the managers of the responsible hospital a report to that effect in the prescribed form. \n5) Where such a report is furnished in respect of the patient, the managers shall, unless they discharge him under section 23 below, cause him to be informed. \n6) The conditions referred to in subsection (4) above are that— \n\ta) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment; \n\tb) it is necessary for his health or safety or for the protection of other persons that he should receive such treatment; \n\tc) subject to his continuing to be liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his being detained in a hospital; \n\td) it is necessary that the responsible clinician should continue to be able to exercise the power under section 17E(1) above to recall the patient to hospital; and \n\te) appropriate medical treatment is available for him. \n7) In determining whether the criterion in subsection (6)(d) above is met, the responsible clinician shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were to continue not to be detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder). \n8) The statement referred to in subsection (4) above is a statement in writing by an approved mental health professional— \n\ta) that it appears to him that the conditions set out in subsection (6) above are satisfied; and \n\tb) that it is appropriate to extend the community treatment period. \n9) Before furnishing a report under subsection (4) above the responsible clinician shall consult one or more other persons who have been professionally concerned with the patient's medical treatment. \n10) Where a report is duly furnished under subsection (4) above, the community treatment period shall be thereby extended for the period prescribed in that case by subsection (3) above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/20A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/20A",
    "legislation_id": "ukpga/1983/20",
    "title": "Community treatment period",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.017405Z",
    "text": "Section 64) **Supplementary provisions for Part IV.**\n\n1) In this Part of this Act “the responsible clinician” means the approved clinician with overall responsibility for the case of the patient in question and “hospital” includes a registered establishment . \n1A) References in this Part of this Act to the approved clinician in charge of a patient's treatment shall, where the treatment in question is a form of treatment to which section 57 above applies, be construed as references to the person in charge of the treatment. \n1B) References in this Part of this Act to the approved clinician in charge of a patient's treatment shall, where the treatment in question is a form of treatment to which section 58A above applies and the patient falls within section 56(5) above, be construed as references to the person in charge of the treatment. \n1C) Regulations made by virtue of section 32(2)(d) above apply for the purposes of this Part as they apply for the purposes of Part 2 of this Act. \n2) Any certificate for the purposes of this Part of this Act shall be in such form as may be prescribed by regulations made by the Secretary of State. \n3) For the purposes of this Part of this Act, it is appropriate for treatment to be given to a patient if the treatment is appropriate in his case, taking into account the nature and degree of the mental disorder from which he is suffering and all other circumstances of his case. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/64",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/64",
    "legislation_id": "ukpga/1983/20",
    "title": "Supplementary provisions for Part IV.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 64,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.687231Z",
    "text": "Section 8) **Effect of guardianship application, etc.**\n\n1) Where a guardianship application, duly made under the provisions of this Part of this Act and forwarded to the local social services authority within the period allowed by subsection (2) below is accepted by that authority, the application shall, subject to regulations made by the Secretary of State, confer on the authority or person named in the application as guardian, to the exclusion of any other person— \n\ta) the power to require the patient to reside at a place specified by the authority or person named as guardian; \n\tb) the power to require the patient to attend at places and times so specified for the purpose of medical treatment, occupation, education or training; \n\tc) the power to require access to the patient to be given, at any place where the patient is residing, to any registered medical practitioner, approved mental health professional or other person so specified. \n2) The period within which a guardianship application is required for the purposes of this section to be forwarded to the local social services authority is the period of 14 days beginning with the date on which the patient was last examined by a registered medical practitioner before giving a medical recommendation for the purposes of the application. \n3) A guardianship application which appears to be duly made and to be founded on the necessary medical recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given, or of any matter of fact or opinion stated in the application. \n4) If within the period of 14 days beginning with the day on which a guardianship application has been accepted by the local social services authority the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of that authority, be amended by the person by whom it was signed; and upon such amendment being made the application or recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended. \n5) Where a patient is received into guardianship in pursuance of a guardianship application, any previous application under this Part of this Act by virtue of which he was subject to guardianship or liable to be detained in a hospital shall cease to have effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/8",
    "legislation_id": "ukpga/1983/20",
    "title": "Effect of guardianship application, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.887359Z",
    "text": "Section 37) **Powers of courts to order hospital admission or guardianship.**\n\n1) Where a person is convicted before the Crown Court of an offence punishable with imprisonment other than an offence the sentence for which is fixed by law,  . . . , or is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment, and the conditions mentioned in subsection (2) below are satisfied, the court may by order authorise his admission to and detention in such hospital as may be specified in the order or, as the case may be, place him under the guardianship of a local social services authority or of such other person approved by a local social services authority as may be so specified. \n1A) In the case of an offence the sentence for which would otherwise fall to be imposed under section 258, 258A, 268A, 273, 274, 274A, 282A , 283 , 285 or 285A of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing in those provisions shall prevent a court from making an order under subsection (1) above for the admission of the offender to a hospital. \n1B) For the purposes of subsection (1A) above— \n\ta) a sentence falls to be imposed under section 258 or 258A of the Sentencing Code if the court is obliged by that section to pass a sentence of detention for life under section 250 of that Code; \n\taa) a sentence falls to be imposed under section 268A or 282A of that Code if it is required by section 268B(2) or 282B(2) of that Code and the court is not of the opinion there mentioned; \n\tb) a sentence falls to be imposed under section 273 , 274 or 274A of that Code if the court is obliged by that section to pass a sentence of custody for life; \n\tc) a sentence falls to be imposed under section 283 , 285 or 285A of that Code if the court is obliged by that section to pass a sentence of imprisonment for life; \n\td) a sentence falls to be imposed under Chapter 7 of Part 10 of that Code if it is required by section 311(2), 312(2A), 313(2A), 314(2A) or 315(2A) of that Code and the court is not of the opinion there mentioned. \n2) The conditions referred to in subsection (1) above are that— \n\ta) the court is satisfied, on the written or oral evidence of two registered medical practitioners, that the offender is suffering from mental disorder and that either— \n\t\ti) the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment and appropriate medical treatment is available for him; or \n\t\tii) in the case of an offender who has attained the age of 16 years, the mental disorder is of a nature or degree which warrants his reception into guardianship under this Act; and \n\tb) the court is of the opinion, having regard to all the circumstances including the nature of the offence and the character and antecedents of the offender, and to the other available methods of dealing with him, that the most suitable method of disposing of the case is by means of an order under this section. \n3) Where a person is charged before a magistrates’ court with any act or omission as an offence and the court would have power, on convicting him of that offence, to make an order under subsection (1) above in his case  . . .  , then, if the court is satisfied that the accused did the act or made the omission charged, the court may, if it thinks fit, make such an order without convicting him. \n4) An order for the admission of an offender to a hospital (in this Act referred to as “a hospital order”) shall not be made under this section unless the court is satisfied on the written or oral evidence of the approved clinician who would have overall responsibility for his case or of some other person representing the managers of the hospital that arrangements have been made for his admission to that hospital  . . . , and for his admission to it within the period of 28 days beginning with the date of the making of such an order; and the court may, pending his admission within that period, give such directions as it thinks fit for his conveyance to and detention in a place of safety. \n5) If within the said period of 28 days it appears to the Secretary of State that by reason of an emergency or other special circumstances it is not practicable for the patient to be received into the hospital specified in the order, he may give directions for the admission of the patient to such other hospital as appears to be appropriate instead of the hospital so specified; and where such directions are given— \n\ta) the Secretary of State shall cause the person having the custody of the patient to be informed, and \n\tb) the hospital order shall have effect as if the hospital specified in the directions were substituted for the hospital specified in the order. \n6) An order placing an offender under the guardianship of a local social services authority or of any other person (in this Act referred to as “a guardianship order”) shall not be made under this section unless the court is satisfied that that authority or person is willing to receive the offender into guardianship. \n7)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) Where an order is made under this section, the court shall not— \n\ta) pass sentence of imprisonment or impose a fine or make a community order (within the meaning given by section 200 of the Sentencing Code ) or a youth rehabilitation order (within the meaning given by section 173 of that Code ) in respect of the offence, \n\tb) if the order under this section is a hospital order, make a referral order (within the meaning given by section 83 of that Code ) in respect of the offence, or \n\tc) make in respect of the offender  . . . an order under section 376 of that Code (binding over of parent or guardian) , but the court may make any other order which it has power to make apart from this section; and for the purposes of this subsection “sentence of imprisonment” includes any sentence or order for detention. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/37",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/37",
    "legislation_id": "ukpga/1983/20",
    "title": "Powers of courts to order hospital admission or guardianship.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 37,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.054897Z",
    "text": "Section 66) **Applications to tribunals.**\n\n1) Where— \n\ta) a patient is admitted to a hospital in pursuance of an application for admission for assessment; or \n\tb) a patient is admitted to a hospital in pursuance of an application for admission for treatment; or \n\tc) a patient is received into guardianship in pursuance of a guardianship application; or \n\tca) a community treatment order is made in respect of a patient; or \n\tcb) a community treatment order is revoked under section 17F above in respect of a patient; or \n\td)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) a patient is transferred from guardianship to a hospital in pursuance of regulations made under section 19 above; or \n\tf) a report is furnished under section 20 above in respect of a patient and the patient is not discharged under section 23 above ; or \n\tfza) a report is furnished under section 20A above in respect of a patient and the patient is not discharged under section 23 above; or \n\tfa) a report is furnished under subsection (2) of section 21B above in respect of a patient and subsection (5) of that section applies (or subsections (5) and (6)(b) of that section apply) in the case of the report; or \n\tfaa) a report is furnished under subsection (2) of section 21B above in respect of a community patient and subsection (6A) of that section applies (or subsections (6A) and (6B)(b) of that section apply) in the case of the report; or \n\tfb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) a report is furnished under section 25 above in respect of a patient who is detained in pursuance of an application for admission for treatment or a community patient ; or \n\tga)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tgb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tgc)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\th) an order is made under section 29 above on the ground specified in paragraph (c) or (d) of subsection (3) of that section in respect of a patient who is or subsequently becomes liable to be detained or subject to guardianship under Part II of this Act or who is a community patient , an application may be made to the appropriate tribunal within the relevant period— \n\t\ti) by the patient (except in the cases mentioned in paragraphs (g) and (h) above  . . . \n\t\tii) in the cases mentioned in paragraphs (g) and (h) above, by his nearest relative. \n2) In subsection (1) above “the relevant period” means— \n\ta) in the case mentioned in paragraph (a) of that subsection, 14 days beginning with the day on which the patient is admitted as so mentioned; \n\tb) in the case mentioned in paragraph (b) of that subsection, six months beginning with the day on which the patient is admitted as so mentioned; \n\tc) in the case mentioned in paragraph (c) of that subsection, six months beginning with the day on which the application is accepted; \n\tca) in the case mentioned in paragraph (ca) of that subsection, six months beginning with the day on which the community treatment order is made; \n\tcb) in the case mentioned in paragraph (cb) of that subsection, six months beginning with the day on which the community treatment order is revoked; \n\td) in the case mentioned in paragraph (g)  . . .  of that subsection, 28 days beginning with the day on which the applicant is informed that the report has been furnished; \n\te) in the case mentioned in paragraph (e) of that subsection, six months beginning with the day on which the patient is transferred; \n\tf) in the case mentioned in paragraph (f) or (fa) of that subsection, the period or periods for which authority for the patient’s detention or guardianship is renewed by virtue of the report; \n\tfza) in the cases mentioned in paragraphs (fza) and (faa) of that subsection, the period or periods for which the community treatment period is extended by virtue of the report; \n\tfa)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) in the case mentioned in paragraph (h) of that subsection, 12 months beginning with the date of the order, and in any subsequent period of 12 months during which the order continues in force. \n2A) Nothing in subsection (1)(b) above entitles a community patient to make an application by virtue of that provision even if he is admitted to a hospital on being recalled there under section 17E above. \n3) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act. \n4) In this Act  “the appropriate tribunal” means the First-tier Tribunal or the Mental Health Review Tribunal for Wales. \n5) For provision determining to which of those tribunals applications by or in respect of a patient under this Act shall be made, see section 77(3) and (4) below. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/66",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/66",
    "legislation_id": "ukpga/1983/20",
    "title": "Applications to tribunals.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 66,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.745478Z",
    "text": "Section 17B) **Conditions**\n\n1) A community treatment order shall specify conditions to which the patient is to be subject while the order remains in force. \n2) But, subject to subsection (3) below, the order may specify conditions only if the responsible clinician, with the agreement of the approved mental health professional mentioned in section 17A(4)(b) above, thinks them necessary or appropriate for one or more of the following purposes— \n\ta) ensuring that the patient receives medical treatment; \n\tb) preventing risk of harm to the patient's health or safety; \n\tc) protecting other persons. \n3) The order shall specify— \n\ta) a condition that the patient make himself available for examination under section 20A below; and \n\tb) a condition that, if it is proposed to give a certificate under Part 4A of this Act that falls within section 64C(4) below in his case, he make himself available for examination so as to enable the certificate to be given. \n4) The responsible clinician may from time to time by order in writing vary the conditions specified in a community treatment order. \n5) He may also suspend any conditions specified in a community treatment order. \n6) If a community patient fails to comply with a condition specified in the community treatment order by virtue of subsection (2) above, that fact may be taken into account for the purposes of exercising the power of recall under section 17E(1) below. \n7) But nothing in this section restricts the exercise of that power to cases where there is such a failure. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17B",
    "legislation_id": "ukpga/1983/20",
    "title": "Conditions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.050727Z",
    "text": "Section 64K) **Interpretation of Part 4A**\n\n1) This Part of this Act is to be construed as follows. \n2) References to a patient who lacks capacity are to a patient who lacks capacity within the meaning of the Mental Capacity Act 2005. \n3) References to a patient who has capacity are to be read accordingly. \n4) References to a donee are to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act. \n5) References to a deputy are to a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005, where the deputy is acting within the scope of his authority and in accordance with that Act. \n6) Reference to the responsible clinician shall be construed as a reference to the responsible clinician within the meaning of Part 2 of this Act. \n7) References to a hospital include a registered establishment. \n8) Section 64(3) above applies for the purposes of this Part of this Act as it applies for the purposes of Part 4 of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/64K",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/64K",
    "legislation_id": "ukpga/1983/20",
    "title": "Interpretation of Part 4A",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.348405Z",
    "text": "Section 130C) **Section 130A: supplemental**\n\n1) This section applies for the purposes of section 130A above. \n2) A patient is a qualifying patient if he is– \n\ta) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England; \n\tb) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England; \n\tc) a community patient and the responsible hospital is situated in England. \n3) A patient is also a qualifying patient if the patient is to be regarded as being in England for the purposes of this subsection and — \n\ta) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or \n\tb) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies. \n3A) For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers. \n4) Where a patient who is a qualifying patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until— \n\ta) the proposal is withdrawn; or \n\tb) the treatment is completed or discontinued. \n4A) A local social services authority is responsible for a qualifying patient if— \n\ta) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area; \n\tb) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above; \n\tc) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area; \n\td) in the case of a qualifying patient falling within subsection (3)— \n\t\ti) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or \n\t\tii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section. \n4B) In subsection (4A)(d) above— \n\ta) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; \n\tb) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act; \n\tc) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130C",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130C",
    "legislation_id": "ukpga/1983/20",
    "title": "Section 130A: supplemental",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.950182Z",
    "text": "Section 48) **Removal to hospital of other prisoners.**\n\n1) If in the case of a person to whom this section applies the Secretary of State is satisfied by the same reports as are required for the purposes of section 47 above that \n\ta) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and \n\tb) he is in urgent need of such treatment; and \n\tc) appropriate medical treatment is available for him; the Secretary of State shall have the same power of giving a transfer direction in respect of him under that section as if he were serving a sentence of imprisonment. \n2) This section applies to the following persons, that is to say— \n\ta) persons detained in a prison or remand centre, not being persons serving a sentence of imprisonment or persons falling within the following paragraphs of this subsection; \n\tb) persons remanded in custody by a magistrates’ court; \n\tc) civil prisoners, that is to say, persons committed by a court to prison for a limited term  ..., who are not persons falling to be dealt with under section 47 above; \n\td) persons detained under the  Immigration Act 1971 or under section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) . \n3) Subsections (2) and (3) of section 47 above shall apply for the purposes of this section and of any transfer direction given by virtue of this section as they apply for the purposes of that section and of any transfer direction under that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/48",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/48",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal to hospital of other prisoners.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 48,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.972769Z",
    "text": "Section 53) **Further provisions as to civil prisoners and persons detained under the Immigration Acts.**\n\n1) Subject to subsection (2) below, a transfer direction given in respect of any such person as is described in paragraph (c) or (d) of section 48(2) above shall cease to have effect on the expiration of the period during which he would, but for his removal to hospital, be liable to be detained in the place from which he was removed. \n2) Where a transfer direction and a restriction direction have been given in respect of any such person as is mentioned in subsection (1) above, then, if the Secretary of State is notified by the responsible clinician , any other approved clinician or the appropriate tribunal at any time before the expiration of the period there mentioned— \n\ta) that that person no longer requires treatment in hospital for mental disorder; or \n\tb) that no effective treatment for his disorder can be given in the hospital to which he has been removed, the Secretary of State may by warrant direct that he be remitted to any place where he might have been detained if he had not been removed to hospital, and on his arrival at the place to which he is so remitted the transfer direction and the restriction direction shall cease to have effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/53",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/53",
    "legislation_id": "ukpga/1983/20",
    "title": "Further provisions as to civil prisoners and persons detained under the Immigration Acts.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 53,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.307694Z",
    "text": "Section 120) **General protection of relevant patients.**\n\n1) The regulatory authority must keep under review and, where appropriate, investigate the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or their reception into guardianship or to relevant patients. \n2) Relevant patients are— \n\ta) patients liable to be detained under this Act, \n\tb) community patients, and \n\tc) patients subject to guardianship. \n3) The regulatory authority must make arrangements for persons authorised by it to visit and interview relevant patients in private— \n\ta) in the case of relevant patients detained under this Act, in the place where they are detained, and \n\tb) in the case of other relevant patients, in hospitals and regulated establishments and, if access is granted, other places. \n4) The regulatory authority must also make arrangements for persons authorised by it to investigate any complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a patient who is or has been detained under this Act or who is or has been a relevant patient. \n5) The arrangements made under subsection (4)— \n\ta) may exclude matters from investigation in specified circumstances, and \n\tb) do not require any person exercising functions under the arrangements to undertake or continue with any investigation where the person does not consider it appropriate to do so. \n6) Where any such complaint as is mentioned in subsection (4) is made by a Member of Parliament or a member of the National Assembly for Wales, the results of the investigation must be reported to the Member of Parliament or member of the Assembly. \n7) For the purposes of a review or investigation under subsection (1) or the exercise of functions under arrangements made under this section, a person authorised by the regulatory authority may at any reasonable time— \n\ta) visit and interview in private any patient in a hospital or regulated establishment, \n\tb) if the authorised person is a registered medical practitioner or approved clinician, examine the patient in private there, and \n\tc) require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained under this Act or who is or has been a community patient or a patient subject to guardianship. \n8) The regulatory authority may make provision for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any review or investigation for which it is responsible under subsection (1) or functions under arrangements made by it under this section. \n9) In this section  “regulated establishment” means— \n\ta) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, ... \n\tb) 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 , or \n\tc) premises at which— \n\t\ti) a care home service, \n\t\tii) a secure accommodation service, or \n\t\tiii) a residential family centre service, within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided by a person registered under Part 1 of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/120",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/120",
    "legislation_id": "ukpga/1983/20",
    "title": "General protection of relevant patients.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 120,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.252002Z",
    "text": "Section 106) **Rules of procedure.**\n\n1) Proceedings before the judge with respect to persons suffering or alleged to be suffering from mental disorder (in this section referred to as “proceedings”) shall be conducted in accordance with the provisions of rules made under this Part of this Act. \n2) Rules under this Part of this Act may make provision as to— \n\ta) the carrying out of preliminary or incidental inquiries; \n\tb) the persons by whom and manner in which proceedings may be instituted and carried on; \n\tc) the persons who are to be entitled to be notified of, to attend, or to take part in proceedings; \n\td) the evidence which may be authorised or required to be given in proceedings and the manner (whether on oath or otherwise and whether orally or in writing) in which it is to be given; \n\te) the administration of oaths and taking of affidavits for the purposes of proceedings; and \n\tf) the enforcement of orders made and directions given in proceedings. \n3) Without prejudice to the provisions of section 104(1) above, rules under this Part of this Act may make provision for authorising or requiring the attendance and examination of persons suffering or alleged to be suffering from mental disorder, the furnishing of information and the production of documents. \n4) Rules under this Part of this Act may make provision as to the termination of proceedings, whether on the death or recovery of the person to whom the proceedings relate or otherwise, and for the exercise, pending the termination of the proceedings, of powers exercisable under this Part of this Act in relation to the property or affairs of a patient. \n5) Rules under this Part of this Act made with the consent of the Treasury may— \n\ta) make provision as to the scale of costs, fees and percentages payable in relation to proceedings, and as to the manner in which and funds out of which such costs, fees and percentages are to be paid; \n\tb) contain provision for charging any percentage upon the estate of the person to whom the proceedings relate and for the payment of costs, fees and percentages within such time after the death of the person to whom the proceedings relate or the termination of the proceedings as may be provided by the rules; and \n\tc) provide for the remission of fees and percentages. \n6) A charge upon the estate of a person created by virtue of subsection (5) above shall not cause any interest of that person in any property to fail or determine or to be prevented from recommencing. \n7) Rules under this Part of this Act may authorise the making of orders for the payment of costs to or by persons attending, as well as persons taking part in, proceedings. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/106",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/106",
    "legislation_id": "ukpga/1983/20",
    "title": "Rules of procedure.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 106,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.695071Z",
    "text": "Section 10) **Transfer of guardianship in case of death, incapacity, etc., of guardian.**\n\n1) If any person (other than a local social services authority) who is the guardian of a patient received into guardianship under this Part of this Act— \n\ta) dies; or \n\tb) gives notice in writing to the local social services authority that he desires to relinquish the functions of guardian, the guardianship of the patient shall thereupon vest in the local social services authority, but without prejudice to any power to transfer the patient into the guardianship of another person in pursuance of regulations under section 19 below. \n2) If any such person, not having given notice under subsection (1)(b) above, is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the local social services authority or by any other person approved for the purposes by that authority. \n3) If it appears to the county court, upon application made by an approved mental health professional acting on behalf of the local social services authority , that any person other than a local social services authority having the guardianship of a patient received into guardianship under this Part of this Act has performed his functions negligently or in a manner contrary to the interests of the welfare of the patient, the court may order that the guardianship of the patient be transferred to the local social services authority or to any other person approved for the purpose by that authority. \n4) Where the guardianship of a patient is transferred to a local social services authority or other person by or under this section, subsection (2)(c) of section 19 below shall apply as if the patient had been transferred into the guardianship of that authority or person in pursuance of regulations under that section. \n5) In this section  “the local social services authority”, in relation to a person (other than a local social services authority) who is the guardian of a patient, means the local social services authority for the area in which that person resides (or resided immediately before his death). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/10",
    "legislation_id": "ukpga/1983/20",
    "title": "Transfer of guardianship in case of death, incapacity, etc., of guardian.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.682864Z",
    "text": "Section 7) **Application for guardianship.**\n\n1) A patient who has attained the age of 16 years may be received into guardianship, for the period allowed by the following provisions of this Act, in pursuance of an application (in this Act referred to as “a guardianship application”) made in accordance with this section. \n2) A guardianship application may be made in respect of a patient on the grounds that— \n\ta) he is suffering from mental disorder,  . . .   of a nature or degree which warrants his reception into guardianship under this section; and \n\tb) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received. \n3) A guardianship application shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include— \n\ta) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraph (a) of that subsection; and \n\tb) a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (b) of that subsection. \n4) A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of 16 years. \n5) The person named as guardian in a guardianship application may be either a local social services authority or any other person (including the applicant himself); but a guardianship application in which a person other than a local social services authority is named as guardian shall be of no effect unless it is accepted on behalf of that person by the local social services authority for the area in which he resides, and shall be accompanied by a statement in writing by that person that he is willing to act as guardian. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/7",
    "legislation_id": "ukpga/1983/20",
    "title": "Application for guardianship.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.705693Z",
    "text": "Section 12) **General provisions as to medical recommendations.**\n\n1) The recommendations required for the purposes of an application for the admission of a patient under this Part of this Act or a guardianship application (in this Act referred to as “medical recommendations”) shall be signed on or before the date of the application, and shall be given by practitioners who have personally examined the patient either together or separately, but where they have examined the patient separately not more than five days must have elapsed between the days on which the separate examinations took place. \n2) Of the medical recommendations given for the purposes of any such application, one shall be given by a practitioner approved for the purposes of this section by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder; and unless that practitioner has previous acquaintance with the patient, the other such recommendation shall, if practicable, be given by a registered medical practitioner who has such previous acquaintance. \n2A) A registered medical practitioner who is an approved clinician shall be treated as also approved for the purposes of this section under subsection (2) above as having special experience as mentioned there. \n3) No medical recommendation shall be given for the purposes of an application mentioned in subsection (1) above if the circumstances are such that there would be a potential conflict of interest for the purposes of regulations under section 12A below. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/12",
    "legislation_id": "ukpga/1983/20",
    "title": "General provisions as to medical recommendations.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.780872Z",
    "text": "Section 20) **Duration of authority.**\n\n1) Subject to the following provisions of this Part of this Act, a patient admitted to hospital in pursuance of an application for admission for treatment, and a patient placed under guardianship in pursuance of a guardianship application, may be detained in a hospital or kept under guardianship for a period not exceeding six months beginning with the day on which he was so admitted, or the day on which the guardianship application was accepted, as the case may be, but shall not be so detained or kept for any longer period unless the authority for his detention or guardianship is renewed under this section. \n2) Authority for the detention or guardianship of a patient may, unless the patient has previously been discharged under section 23 below , be renewed— \n\ta) from the expiration of the period referred to in subsection (1) above, for a further period of six months; \n\tb) from the expiration of any period of renewal under paragraph (a) above, for a further period of one year, and so on for periods of one year at a time. \n3) Within the period of two months ending on the day on which a patient who is liable to be detained in pursuance of an application for admission for treatment would cease under this section to be so liable in default of the renewal of the authority for his detention, it shall be the duty of the responsible clinician — \n\ta) to examine the patient; and \n\tb) if it appears to him that the conditions set out in subsection (4) below are satisfied, to furnish to the managers of the hospital where the patient is detained a report to that effect in the prescribed form; and where such a report is furnished in respect of a patient the managers shall, unless they discharge the patient under section 23 below , cause him to be informed. \n4) The conditions referred to in subsection (3) above are that— \n\ta) the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and that it cannot be provided unless he continues to be detained; and \n\td) appropriate medical treatment is available for him.  . . . \n5) Before furnishing a report under subsection (3) above the responsible clinician shall consult one or more other persons who have been professionally concerned with the patient’s medical treatment. \n5A) But the responsible clinician may not furnish a report under subsection (3) above unless a person— \n\ta) who has been professionally concerned with the patient's medical treatment; but \n\tb) who belongs to a profession other than that to which the responsible clinician belongs, states in writing that he agrees that the conditions set out in subsection (4) above are satisfied. \n6) Within the period of two months ending with the day on which a patient who is subject to guardianship under this Part of this Act would cease under this section to be so liable in default of the renewal of the authority for his guardianship, it shall be the duty of the appropriate practitioner — \n\ta) to examine the patient; and \n\tb) if it appears to him that the conditions set out in subsection (7) below are satisfied, to furnish to the guardian and, where the guardian is a person other than a local social services authority, to the responsible local social services authority a report to that effect in the prescribed form; and where such a report is furnished in respect of a patient, the local social services authority shall, unless they discharge the patient under section 23 below , cause him to be informed. \n7) The conditions referred to in subsection (6) above are that— \n\ta) the patient is suffering from mental disorder of a nature or degree which warrants his reception into guardianship; and \n\tb) it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should remain under guardianship. \n8) Where a report is duly furnished under subsection (3) or (6) above, the authority for the detention or guardianship of the patient shall be thereby renewed for the period prescribed in that case by subsection (2) above. \n9)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/20",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/20",
    "legislation_id": "ukpga/1983/20",
    "title": "Duration of authority.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.250650Z",
    "text": "Section 105) **Appeals.**\n\n1) Subject to and in accordance with rules under this Part of this Act, an appeal shall lie to a nominated judge from any decision of the Master of the Court of Protection or any nominated officer. \n2) The Court of Appeal shall continue to have the same jurisdiction as to appeals from any decision of the Lord Chancellor or from any decision of a nominated judge, whether given in the exercise of his original jurisdiction or on the hearing of an appeal under subsection (1) above, as they had immediately before the coming into operation of Part VIII of the  Mental Health Act 1959 as to appeals  . . .   any other person having jurisdiction in lunacy. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/105",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/105",
    "legislation_id": "ukpga/1983/20",
    "title": "Appeals.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 105,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.898878Z",
    "text": "Section 38) **Interim hospital orders.**\n\n1) Where a person is convicted before the Crown Court of an offence punishable with imprisonment (other than an offence the sentence for which is fixed by law) or is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment and the court before or by which he is convicted is satisfied, on the written or oral evidence of two registered medical practitioners— \n\ta) that the offender is suffering from mental disorder ; and \n\tb) that there is reason to suppose that the mental disorder from which the offender is suffering is such that it may be appropriate for a hospital order to be made in his case, the court may, before making a hospital order or dealing with him in some other way, make an order (in this Act referred to as “an interim hospital order”) authorising his admission to such hospital as may be specified in the order and his detention there in accordance with this section. \n2) In the case of an offender who is subject to an interim hospital order the court may make a hospital order without his being brought before the court if he is represented by an authorised person who is given an opportunity of being heard. \n3) At least one of the registered medical practitioners whose evidence is taken into account under subsection (1) above shall be employed at the hospital which is to be specified in the order. \n4) An interim hospital order shall not be made for the admission of an offender to a hospital unless the court is satisfied, on the written or oral evidence of the approved clinician who would have overall responsibility for his case or of some other person representing the managers of the hospital, that arrangements have been made for his admission to that hospital and for his admission to it within the period of 28 days beginning with the date of the order; and if the court is so satisfied the court may, pending his admission, give directions for his conveyance to and detention in a place of safety. \n5) An interim hospital order— \n\ta) shall be in force for such period, not exceeding 12 weeks, as the court may specify when making the order; but \n\tb) may be renewed for further periods of not more than 28 days at a time if it appears to the court, on the written or oral evidence of the responsible clinician , that the continuation of the order is warranted; but no such order shall continue in force for more than twelve months in all and the court shall terminate the order if it makes a hospital order in respect of the offender or decides after considering the written or oral evidence of the responsible clinician to deal with the offender in some other way. \n6) The power of renewing an interim hospital order may be exercised without the offender being brought before the court if he is represented by counsel or a solicitor and his counsel or solicitor is given an opportunity of being heard. \n7) If an offender absconds from a hospital in which he is detained in pursuance of an interim hospital order, or while being conveyed to or from such a hospital, he may be arrested without warrant by a constable and shall, after being arrested, be brought as soon as practicable before the court that made the order; and the court may thereupon terminate the order and deal with him in any way in which it could have dealt with him if no such order had been made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/38",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/38",
    "legislation_id": "ukpga/1983/20",
    "title": "Interim hospital orders.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 38,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.989038Z",
    "text": "Section 58) **Treatment requiring consent or a second opinion.**\n \n1) This section applies to the following forms of medical treatment for mental disorder— \n\ta) such forms of treatment as may be specified for the purposes of this section by regulations made by the Secretary of State; \n\tb) the administration of medicine to a patient by any means (not being a form of treatment specified under paragraph (a) above or section 57 above or section 58A(1)(b) below ) at any time during a period for which he is liable to be detained as a patient to whom this Part of this Act applies if three months or more have elapsed since the first occasion in that period when medicine was administered to him by any means for his mental disorder. \n2) The Secretary of State may by order vary the length of the period mentioned in subsection (1)(b) above. \n3) Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless— \n\ta) he has consented to that treatment and either the approved clinician in charge of it or a registered medical practitioner appointed for the purposes of this Part of this Act by the regulatory authority has certified in writing that the patient is capable of understanding its nature, purpose and likely effects and has consented to it; or \n\tb) a registered medical practitioner appointed as aforesaid (not being the responsible clinician or the approved clinician in charge of the treatment in question ) has certified in writing that the patient is not capable of understanding the nature, purpose and likely effects of that treatment or being so capable has not consented to it but that it is appropriate for the treatment to be given. \n4) Before giving a certificate under subsection (3)(b) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment but, of those persons— \n\ta) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and \n\tb) neither shall be the responsible clinician or the approved clinician in charge of the treatment in question.  \n5) Before making any regulations for the purposes of this section the Secretary of State shall consult such bodies as appear to him to be concerned. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/58",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/58",
    "legislation_id": "ukpga/1983/20",
    "title": "Treatment requiring consent or a second opinion.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 58,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.718009Z",
    "text": "Section 12A) **Conflicts of interest**\n\n1) The appropriate national authority may make regulations as to the circumstances in which there would be a potential conflict of interest such that— \n\ta) an approved mental health professional shall not make an application mentioned in section 11(1) above; \n\tb) a registered medical practitioner shall not give a recommendation for the purposes of an application mentioned in section 12(1) above. \n2) Regulations under subsection (1) above may make— \n\ta) provision for the prohibitions in paragraphs (a) and (b) of that subsection to be subject to specified exceptions; \n\tb) different provision for different cases; and \n\tc) transitional, consequential, incidental or supplemental provision. \n3) In subsection (1) above,  “the appropriate national authority” means— \n\ta) in relation to applications in which admission is sought to a hospital in England or to guardianship applications in respect of which the area of the relevant local social services authority is in England, the Secretary of State; \n\tb) in relation to applications in which admission is sought to a hospital in Wales or to guardianship applications in respect of which the area of the relevant local social services authority is in Wales, the Welsh Ministers. \n4) References in this section to the relevant local social services authority, in relation to a guardianship application, are references to the local social services authority named in the application as guardian or (as the case may be) the local social services authority for the area in which the person so named resides. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/12A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/12A",
    "legislation_id": "ukpga/1983/20",
    "title": "Conflicts of interest",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.304286Z",
    "text": "Section 119) **Practitioners approved for Part IV and s. 118.**\n\n1) The regulatory authority may make such provision as it may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of registered medical practitioners appointed by the authority for the purposes of Part IV of this Act and section 118 above and to or in respect of other persons appointed for the purposes of section 57(2)(a) above. \n2) A registered medical practitioner or other person appointed  ...  for the purposes of the provisions mentioned in subsection (1) above may, for the purpose of exercising his functions under those provisions or under Part 4A of this Act , at any reasonable time— \n\ta) visit and interview and, in the case of a registered medical practitioner, examine in private any patient detained in a hospital or registered establishment or any community patient in a hospital or regulated establishment (other than a hospital) or (if access is granted) other place ; and \n\tb) require the production of and inspect any records relating to the treatment of the patient there . \n3) In this section “regulated establishment” means— \n\ta) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000;  ... \n\tb) 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 ; or \n\tc) premises at which— \n\t\ti) a care home service, \n\t\tii) a secure accommodation service, or \n\t\tiii) a residential family centre service, within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided by a person registered under Part 1 of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/119",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/119",
    "legislation_id": "ukpga/1983/20",
    "title": "Practitioners approved for Part IV and s. 118.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 119,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.935040Z",
    "text": "Section 45A) **Power of higher courts to direct hospital admission.**\n\n1) This section applies where, in the case of a person convicted before the Crown Court of an offence the sentence for which is not fixed by law— \n\ta) the conditions mentioned in subsection (2) below are fulfilled; and \n\tb)  . . . , the court considers making a hospital order in respect of him before deciding to impose a sentence of imprisonment (“the relevant sentence”) in respect of the offence. \n2) The conditions referred to in subsection (1) above are that the court is satisfied, on the written or oral evidence of two registered medical practitioners— \n\ta) that the offender is suffering from mental disorder ; \n\tb) that the mental disorder from which the offender is suffering is of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and \n\tc) that appropriate medical treatment is available for him. \n3) The court may give both of the following directions, namely— \n\ta) a direction that, instead of being removed to and detained in a prison, the offender be removed to and detained in such hospital as may be specified in the direction (in this Act referred to as a “hospital direction”); and \n\tb) a direction that the offender be subject to the special restrictions set out in section 41 above (in this Act referred to as a “limitation direction”). \n4) A hospital direction and a limitation direction shall not be given in relation to an offender unless at least one of the medical practitioners whose evidence is taken into account by the court under subsection (2) above has given evidence orally before the court. \n5) A hospital direction and a limitation direction shall not be given in relation to an offender unless the court is satisfied on the written or oral evidence of the approved clinician who would have overall responsibility for his case , or of some other person representing the managers of the hospital that arrangements have been made— \n\ta) for his admission to that hospital; and \n\tb) for his admission to it within the period of 28 days beginning with the day of the giving of such directions; and the court may, pending his admission within that period, give such directions as it thinks fit for his conveyance to and detention in a place of safety. \n6) If within the said period of 28 days it appears to the Secretary of State that by reason of an emergency or other special circumstances it is not practicable for the patient to be received into the hospital specified in the hospital direction, he may give instructions for the admission of the patient to such other hospital as appears to be appropriate instead of the hospital so specified. \n7) Where such instructions are given— \n\ta) the Secretary of State shall cause the person having the custody of the patient to be informed, and \n\tb) the hospital direction shall have effect as if the hospital specified in the instructions were substituted for the hospital specified in the hospital direction. \n8) Section 38(1) and (5) and section 39 above shall have effect as if any reference to the making of a hospital order included a reference to the giving of a hospital direction and a limitation direction. \n9) A hospital direction and a limitation direction given in relation to an offender shall have effect not only as regards the relevant sentence but also (so far as applicable) as regards any other sentence of imprisonment imposed on the same or a previous occasion. \n10)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/45A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/45A",
    "legislation_id": "ukpga/1983/20",
    "title": "Power of higher courts to direct hospital admission.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.178835Z",
    "text": "Section 83ZA) **Removal or transfer of community patients to Channel Islands or Isle of Man**\n\n1) Section 83 above shall apply in the case of a community patient as it applies in the case of a patient who is for the time being liable to be detained under this Act, as if the community patient were so liable. \n2) But if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act— \n\ta) subsection (1) above shall not apply as regards that island; and \n\tb) subsections (3) to (6) below shall apply instead. \n3) If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (4) below are met, the authority may authorise the transfer of responsibility for him to the island in question. \n4) The conditions are— \n\ta) a transfer under subsection (3) above is in the patient's interests; and \n\tb) arrangements have been made for dealing with him under the relevant enactments. \n5) But the authority may not act under subsection (3) above while the patient is recalled to hospital under section 17E above. \n6) In this section,  “the appropriate national authority” means— \n\ta) in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State; \n\tb) in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/83ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/83ZA",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal or transfer of community patients to Channel Islands or Isle of Man",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.450402Z",
    "text": "Section 139) **Protection for acts done in pursuance of this Act.**\n\n1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act,  . . .  , unless the act was done in bad faith or without reasonable care. \n2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions. \n3) This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions. \n4) This section does not apply to proceedings against the Secretary of State or against NHS England , an integrated care board, a  ... Local Health Board or Special Health Authority  ... or against a National Health Service trust established under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 or NHS foundation trust or against the Department of Justice in Northern Ireland or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions . \n5) In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/139",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/139/england+wales",
    "legislation_id": "ukpga/1983/20",
    "title": "Protection for acts done in pursuance of this Act.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 139,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.211711Z",
    "text": "Section 94) **Exercise of the judge’s functions: “the patient”.**\n\n1) Subject to sub-section (1A) below the functions expressed to be conferred by this Part of this Act on the judge shall be exercisable  . . .  by any nominated judge, and shall also be exercisable by the Master of the Court of Protection ,by the Public Trustee or by any nominated officer, but— \n\ta) in the case of the Master the Public Trustee or any nominated officer, subject to any express provision to the contrary in this Part of this Act or any rules made under this Part of this Act, \n\taa) in the case of the Public Trustee, subject to any directions of the Master and so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master, \n\tb) in the case of any nominated officer, subject to any directions of the Master and so far only as may be provided by the instrument by which he is nominated; and references in this Part of this Act to the judge shall be construed accordingly. \n1A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions of the judge under this Part of this Act shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise) \n2) The functions of the judge under this Part of this Act shall be exercisable where, after considering medical evidence, he is satisfied that a person is incapable, by reason of mental disorder, of managing and administering his property and affairs; and a person as to whom the judge is so satisfied is referred to in this Part of this Act as a patient. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/94",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/94",
    "legislation_id": "ukpga/1983/20",
    "title": "Exercise of the judge’s functions: “the patient”.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 94,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.955085Z",
    "text": "Section 50) **Further provisions as to prisoners under sentence.**\n\n1) Where a transfer direction and a restriction direction have been given in respect of a person serving a sentence of imprisonment and before his release date the Secretary of State is notified by the responsible clinician , any other approved clinician or the appropriate tribunal that that person no longer requires treatment in hospital for mental disorder or that no effective treatment for his disorder can be given in the hospital to which he has been removed, the Secretary of State may— \n\ta) by warrant direct that he be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; or \n\tb) exercise any power of releasing him on licence or discharging him under supervision which would have been exercisable if he had been remitted to such a prison or institution as aforesaid, and on his arrival in the prison or other institution or, as the case may be, his release or discharge as aforesaid, the transfer direction and the restriction direction shall cease to have effect. \n2) A restriction direction in the case of a person serving a sentence of imprisonment shall cease to have effect, if it has not previously done so, on his release date. \n3) In this section, references to a person’s release date are to the day (if any) on which he would be entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if the transfer direction had not been given; and in determining that day there shall be disregarded— \n\ta) any powers that would be exercisable by the Parole Board if he were detained in such a prison or other institution, and \n\tb) any practice of the Secretary of State in relation to the early release under discretionary powers of persons detained in such a prison or other institution. \n4) For the purposes of section 49(2) of the  Prison Act 1952 (which provides for discounting from the sentences of certain prisoners periods while they are unlawfully at large) a patient who, having been transferred in pursuance of a transfer direction from any such institution as is referred to in that section, is at large in circumstances in which he is liable to be taken into custody under any provision of this Act, shall be treated as unlawfully at large and absent from that institution. \n5) The preceding provisions of this section shall have effect as if— \n\ta) the reference in subsection (1) to a transfer direction and a restriction direction having been given in respect of a person serving a sentence of imprisonment included a reference to a hospital direction and a limitation direction having been given in respect of a person sentenced to imprisonment; \n\tb) the reference in subsection (2) to a restriction direction included a reference to a limitation direction; and \n\tc) references in subsections (3) and (4) to a transfer direction included references to a hospital direction. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/50",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/50",
    "legislation_id": "ukpga/1983/20",
    "title": "Further provisions as to prisoners under sentence.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 50,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.019643Z",
    "text": "Section 64A) **Meaning of  “relevant treatment”**\nIn this Part of this Act  “relevant treatment”, in relation to a patient, means medical treatment which— \n\ta) is for the mental disorder from which the patient is suffering; and \n\tb) is not a form of treatment to which section 57 above applies. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/64A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/64A",
    "legislation_id": "ukpga/1983/20",
    "title": "Meaning of “relevant treatment”",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.974937Z",
    "text": "Section 54) **Requirements as to medical evidence.**\n\n1) The registered medical practitioner whose evidence is taken into account under section 35(3)(a) above and at least one of the registered medical practitioners whose evidence is taken into account under sections 36(1), 37(2)(a), 38(1) 45A(2) and 51(6)(a) above and whose reports are taken into account under sections 47(1) and 48(1) above shall be a practitioner approved for the purposes of section 12 above by the Secretary of State , or by another person by virtue of section 12ZA or 12ZB above, as having special experience in the diagnosis or treatment of mental disorder. \n2) For the purposes of any provision of this Part of this Act under which a court may act on the written evidence of any person, a report in writing purporting to be signed by that person may, subject to the provisions of this section, be received in evidence without proof of the following— \n\ta) the signature of the person; or \n\tb) his having the requisite qualifications or approval or authority or being of the requisite description to give the report. \n2A) But the court may require the signatory of any such report to be called to give oral evidence. \n3) Where, in pursuance of a direction of the court, any such report is tendered in evidence otherwise than by or on behalf of the person who is the subject of the report, then— \n\ta) if that person is represented by an authorised person , a copy of the report shall be given to that authorised person ; \n\tb) if that person is not so represented, the substance of the report shall be disclosed to him or, where he is a child or young person, to his parent or guardian if present in court; and \n\tc) except where the report relates only to arrangements for his admission to a hospital, that person may require the signatory of the report to be called to give oral evidence, and evidence to rebut the evidence contained in the report may be called by or on behalf of that person. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/54",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/54",
    "legislation_id": "ukpga/1983/20",
    "title": "Requirements as to medical evidence.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 54,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.381849Z",
    "text": "Section 130J) **Welsh qualifying informal patients**\n\n1) This section applies for the purposes of section 130E above. \n2) A patient is a Welsh qualifying informal patient if– \n\ta) the patient is an in-patient at a hospital or registered establishment situated in Wales; \n\tb) the patient is receiving treatment for, or assessment in relation to, mental disorder at the hospital or registered establishment; and \n\tc) no application, order, direction or report renders the patient liable to be detained under this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130J",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130J",
    "legislation_id": "ukpga/1983/20",
    "title": "Welsh qualifying informal patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.228236Z",
    "text": "Section 98) **Judge’s powers in cases of emergency.**\nWhere it is represented to the judge, and he has reason to believe, that a person may be incapable, by reason of mental disorder, of managing and administering his property and affairs, and the judge is of the opinion that it is necessary to make immediate provision for any of the matters referred to in section 95 above, then pending the determination of the question whether that person is so incapable the judge may exercise in relation to the property and affairs of that person any of the powers conferred on him in relation to the property and affairs of a patient by this Part of this Act so far as is requisite for enabling that provision to be made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/98",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/98",
    "legislation_id": "ukpga/1983/20",
    "title": "Judge’s powers in cases of emergency.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 98,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.968886Z",
    "text": "Section 52) **Further provisions as to persons remanded by magistrates’ courts.**\n\n1) This section has effect where a transfer direction has been given in respect of any such person as is described in paragraph (b) of section 48(2) above; and that person is in this section referred to as “the accused”. \n2) Subject to subsection (5) below, the transfer direction shall cease to have effect on the expiration of the period of remand unless the accused is sent in custody to the Crown Court for trial or to be otherwise dealt with. \n3) Subject to subsection (4) below, the power of further remanding the accused under section 128 of the  Magistrates’ Courts Act 1980 may be exercised by the court without his being brought before the court; and if the court further remands the accused in custody (whether or not he is brought before the court) the period of remand shall, for the purposes of this section, be deemed not to have expired. \n4) The court shall not under subsection (3) above further remand the accused in his absence unless he has appeared before the court within the previous six months. \n5) If the magistrates’ court is satisfied, on the written or oral evidence of the responsible clinician — \n\ta) that the accused no longer requires treatment in hospital for mental disorder; or \n\tb) that no effective treatment for his disorder can be given in the hospital to which he has been removed, the court may direct that the transfer direction shall cease to have effect notwithstanding that the period of remand has not expired or that the accused is sent to the Crown Court as mentioned in subsection (2) above. \n6) If the accused is sent to the Crown Court as mentioned in subsection (2) above and the transfer direction has not ceased to have effect under subsection (5) above, section 51 above shall apply as if the transfer direction given in his case were a direction given in respect of a person falling within that section. \n7) The magistrates’ court may, in the absence of the accused, send him to the Crown Court for trial under section 51 or 51A of the Crime and Disorder Act 1998 if— \n\ta) the court is satisfied, on the written or oral evidence of the responsible clinician , that the accused is unfit to take part in the proceedings; and \n\tb)  ...  the accused is represented by an authorised person . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/52",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/52",
    "legislation_id": "ukpga/1983/20",
    "title": "Further provisions as to persons remanded by magistrates’ courts.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 52,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.734812Z",
    "text": "Section 17) **Leave of absence from hospital.**\n\n1) The responsible clinician may grant to any patient who is for the time being liable to be detained in a hospital under this Part of this Act leave to be absent from the hospital subject to such conditions (if any) as that clinician considers necessary in the interests of the patient or for the protection of other persons. \n2) Leave of absence may be granted to a patient under this section either indefinitely or on specified occasions or for any specified period; and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient. \n2A) But longer-term leave may not be granted to a patient unless the responsible clinician first considers whether the patient should be dealt with under section 17A instead. \n2B) For these purposes, longer-term leave is granted to a patient if— \n\ta) leave of absence is granted to him under this section either indefinitely or for a specified period of more than seven consecutive days; or \n\tb) a specified period is extended under this section such that the total period for which leave of absence will have been granted to him under this section exceeds seven consecutive days. \n3) Where it appears to the responsible clinician that it is necessary so to do in the interests of the patient or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the patient remain in custody during his absence; and where leave of absence is so granted the patient may be kept in the custody of any officer on the staff of the hospital, or of any other person authorised in writing by the managers of the hospital or, if the patient is required in accordance with conditions imposed on the grant of leave of absence to reside in another hospital, of any officer on the staff of that other hospital. \n4) In any case where a patient is absent from a hospital in pursuance of leave of absence granted under this section, and it appears to the responsible clinician that it is necessary so to do in the interests of the patient’s health or safety or for the protection of other persons, that clinician may, subject to subsection (5) below, by notice in writing given to the patient or to the person for the time being in charge of the patient, revoke the leave of absence and recall the patient to the hospital. \n5) A patient to whom leave of absence is granted under this section shall not be recalled under subsection (4) above after he has ceased to be liable to be detained under this Part of this Act;  . . . \n6) Subsection (7) below applies to a person who is granted leave by or by virtue of a provision— \n\ta) in force in Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man; and \n\tb) corresponding to subsection (1) above. \n7) For the purpose of giving effect to a direction or condition imposed by virtue of a provision corresponding to subsection (3) above, the person may be conveyed to a place in, or kept in custody or detained at a place of safety in, England and Wales by a person authorised in that behalf by the direction or condition. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17",
    "legislation_id": "ukpga/1983/20",
    "title": "Leave of absence from hospital.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.136127Z",
    "text": "Section 79) **Interpretation of Part V.**\n\n1) In this Part of this Act “restricted patient” means a patient who is subject to a restriction order , limitation direction or restriction direction and this Part of this Act shall, subject to the provisions of this section, have effect in relation to any person who— \n\ta) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) is treated as subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction, by virtue of any provision of Part 6 of this Act (except section 80D(3), 82A(2) or 85A(2) below), as it has effect in relation to a restricted patient. \n2) Subject to the following provisions of this section, in this Part of this Act “the relevant hospital order” , “the relevant hospital direction” and “the relevant transfer direction”, in relation to a restricted patient, mean the hospital order , the hospital direction or transfer direction by virtue of which he is liable to be detained in a hospital. \n3) In the case of a person within paragraph (a) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph. \n4) In the case of a person within paragraph (b) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph. \n5) In the case of a person within paragraph (c) of subsection (1) above, references in this Part of this Act to the relevant hospital order, the relevant hospital direction, the relevant transfer direction, the restriction order , the limitation direction or the restriction direction or to a transfer direction under section 48 above shall be construed as references to the hospital order, hospital direction, transfer direction, restriction order, limitation direction, restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph. \n5A) Section 75 above shall, subject to the modifications in subsection (5C) below, have effect in relation to a qualifying patient as it has effect in relation to a restricted patient who is conditionally discharged under section 42(2), 73 or 74 above. \n5B) A patient is a qualifying patient if he is treated by virtue of section 80D(3), 82A(2) or 85A(2) below as if he had been conditionally discharged and were subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction. \n5C) The modifications mentioned in subsection (5A) above are— \n\ta) references to the relevant hospital order, hospital direction or transfer direction, or to the restriction order, limitation direction or restriction direction to which the patient is subject, shall be construed as references to the hospital order, hospital direction or transfer direction, or restriction order, limitation direction or restriction direction, to which the patient is treated as subject by virtue of section 80D(3), 82A(2) or 85A(2) below; and \n\tb) the reference to the date on which the patient was conditionally discharged shall be construed as a reference to the date on which he was treated as conditionally discharged by virtue of a provision mentioned in paragraph (a) above. \n6) In this Part of this Act, unless the context otherwise requires, “hospital” means a hospital , and  “the responsible clinician” means the responsible clinician, within the meaning of Part II of this Act. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/79",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/79",
    "legislation_id": "ukpga/1983/20",
    "title": "Interpretation of Part V.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 79,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.331332Z",
    "text": "Section 128) **Assisting patients to absent themselves without leave, etc.**\n \n1) Where any person induces or knowingly assists another person who is liable to be detained in a hospital within the meaning of Part II of this Act or is subject to guardianship under this Act or is a community patient to absent himself without leave he shall be guilty of an offence. \n2) Where any person induces or knowingly assists another person who is in legal custody by virtue of section 137 below to escape from such custody he shall be guilty of an offence. \n3) Where any person knowingly harbours a patient who is absent without leave or is otherwise at large and liable to be retaken under this Act or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place where he ought to be he shall be guilty of an offence. \n4) Any person guilty of an offence under this section shall be liable— \n\ta) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; \n\tb) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/128",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/128",
    "legislation_id": "ukpga/1983/20",
    "title": "Assisting patients to absent themselves without leave, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 128,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.028748Z",
    "text": "Section 64D) **Adult community patients lacking capacity**\n\n1) A person is authorised to give relevant treatment to a patient as mentioned in section 64C(2)(c) above if the conditions in subsections (2) to (6) below are met. \n2) The first condition is that, before giving the treatment, the person takes reasonable steps to establish whether the patient lacks capacity to consent to the treatment. \n3) The second condition is that, when giving the treatment, he reasonably believes that the patient lacks capacity to consent to it. \n4) The third condition is that— \n\ta) he has no reason to believe that the patient objects to being given the treatment; or \n\tb) he does have reason to believe that the patient so objects, but it is not necessary to use force against the patient in order to give the treatment. \n5) The fourth condition is that— \n\ta) he is the person in charge of the treatment and an approved clinician; or \n\tb) the treatment is given under the direction of that clinician. \n6) The fifth condition is that giving the treatment does not conflict with— \n\ta) an advance decision which he is satisfied is valid and applicable; or \n\tb) a decision made by a donee or deputy or the Court of Protection. \n7) In this section— \n\ta) reference to an advance decision is to an advance decision (within the meaning of the Mental Capacity Act 2005) made by the patient; and \n\tb) “valid and applicable”, in relation to such a decision, means valid and applicable to the treatment in question in accordance with section 25 of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/64D",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/64D",
    "legislation_id": "ukpga/1983/20",
    "title": "Adult community patients lacking capacity",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.906410Z",
    "text": "Section 39) **Information as to hospitals.**\n\n1) Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request— \n\ta) the integrated care board  ... Local Health Board for the area in which that person resides or last resided; or \n\tb) NHS England or the National Assembly for Wales or any other integrated care board  ... Local Health Board that appears to the court to be appropriate, to furnish the court with such information as that integrated care board  ... Local Health Board or NHS England or the National Assembly for Wales have or can reasonably obtain with respect to the hospital or hospitals (if any) in their area or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and that integrated care board  ... Local Health Board or NHS England or the National Assembly for Wales shall comply with any such request. \n1ZA) A request under this section to NHS England may relate only to services or facilities the provision of which NHS England arranges. \n1A) In relation to a person who has not attained the age of 18 years, subsection (1) above shall have effect as if the reference to the making of a hospital order included a reference to a remand under section 35 or 36 above or the making of an order under section 44 below. \n1B) Where the person concerned has not attained the age of 18 years, the information which may be requested under subsection (1) above includes, in particular, information about the availability of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/39",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/39",
    "legislation_id": "ukpga/1983/20",
    "title": "Information as to hospitals.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 39,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.978825Z",
    "text": "Section 55) **Interpretation of Part III.**\n\n1) In this Part of this Act— \n\t- “authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);\n\t- “child” and “young person” have the same meaning as in the  Children and Young Persons Act 1933;\n\t- “civil prisoner” has the meaning given to it by section 48(2)(c) above;\n\t- “guardian”, in relation to a child or young person, has the same meaning as in the Children and Young Persons Act 1933;\n\t- “place of safety”, in relation to a person who is not a child or young person, means any police station, prison or remand centre, or any hospital the managers of which are willing temporarily to receive him, and in relation to a child or young person has the same meaning as in the Children and Young Persons Act 1933;\n\t- “responsible clinician”, in relation to a person liable to be detained in a hospital within the meaning of Part 2 of this Act, means the approved clinician with overall responsibility for the patient's case.\n2) Any reference in this Part of this Act to an offence punishable on summary conviction with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment relating to the imprisonment of young offenders. \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Any reference to a hospital order, a guardianship order or a restriction order in section 40(2), (4) or (5), section 41(3) to (5), or section 42 above or section 69(1) below shall be construed as including a reference to any order or direction under this Part of this Act having the same effect as the first-mentioned order; and the exceptions and modifications set out in Schedule 1 to this Act in respect of the provisions of this Act described in that Schedule accordingly include those which are consequential on the provisions of this subsection. \n5) Section 34(2) above shall apply for the purposes of this Part of this Act as it applies for the purposes of Part II of this Act. \n6) References in this Part of this Act to persons serving a sentence of imprisonment shall be construed in accordance with section 47(5) above. \n7) Section 99 of the  Children and Young Persons Act 1933 (which relates to the presumption and determination of age) shall apply for the purposes of this Part of this Act as it applies for the purposes of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/55",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/55",
    "legislation_id": "ukpga/1983/20",
    "title": "Interpretation of Part III.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 55,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.017024Z",
    "text": "Section 63) **Treatment not requiring consent.**\nThe consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering , not being a form of treatment to which section 57, 58 or 58A above applies, if the treatment is given by or under the direction of the approved clinician in charge of the treatment . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/63",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/63",
    "legislation_id": "ukpga/1983/20",
    "title": "Treatment not requiring consent.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 63,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.063125Z",
    "text": "Section 67) **References to tribunals by Secretary of State concerning Part II patients.**\n\n1) The Secretary of State may, if he thinks fit, at any time refer to the appropriate tribunal the case of any patient who is liable to be detained or subject to guardianship  . . .    under Part II of this Act or of any community patient . \n2) For the purpose of furnishing information for the purposes of a reference under subsection (1) above any registered medical practitioner or approved clinician authorised by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital or to any after-care services provided for the patient under section 117 below . \n3) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/67",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/67",
    "legislation_id": "ukpga/1983/20",
    "title": "References to tribunals by Secretary of State concerning Part II patients.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 67,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.985182Z",
    "text": "Section 57) **Treatment requiring consent and a second opinion.**\n\n1) This section applies to the following forms of medical treatment for mental disorder— \n\ta) any surgical operation for destroying brain tissue or for destroying the functioning of brain tissue; and \n\tb) such other forms of treatment as may be specified for the purposes of this section by regulations made by the Secretary of State. \n2) Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless he has consented to it and— \n\ta) a registered medical practitioner appointed for the purposes of this Part of this Act by the regulatory authority (not being the responsible clinician (if there is one) or the person in charge of the treatment in question ) and two other persons appointed for the purposes of this paragraph by the regulatory authority (not being registered medical practitioners) have certified in writing that the patient is capable of understanding the nature, purpose and likely effects of the treatment in question and has consented to it; and \n\tb) the registered medical practitioner referred to in paragraph (a) above has certified in writing that it is appropriate for the treatment to be given. \n3) Before giving a certificate under subsection (2)(b) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment but, of those persons— \n\ta) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and \n\tb) neither shall be the responsible clinician (if there is one) or the person in charge of the treatment in question.  \n4) Before making any regulations for the purpose of this section the Secretary of State shall consult such bodies as appear to him to be concerned. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/57",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/57",
    "legislation_id": "ukpga/1983/20",
    "title": "Treatment requiring consent and a second opinion.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 57,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.111597Z",
    "text": "Section 76) **Visiting and examination of patients.**\n\n1) For the purpose of advising whether an application to the appropriate tribunal should be made by or in respect of a patient who is liable to be detained or subject to guardianship  . . .   under Part II of this Act or a community patient, or of furnishing information as to the condition of a patient for the purposes of such an application, any registered medical practitioner or approved clinician authorised by or on behalf of the patient or other person who is entitled to make or has made the application— \n\ta) may at any reasonable time visit the patient and examine him in private, and \n\tb) may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital or to any after-care services provided for the patient under section 117 below. . \n2) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/76",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/76",
    "legislation_id": "ukpga/1983/20",
    "title": "Visiting and examination of patients.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 76,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.859583Z",
    "text": "Section 33) **Special provisions as to wards of court.**\n\n1) An application for the admission to hospital of a minor who is a ward of court may be made under this Part of this Act with the leave of the court; and section 11(4) above shall not apply in relation to an application so made. \n2) Where a minor who is a ward of court is liable to be detained in a hospital by virtue of an application for admission under this Part of this Act or is a community patient , any power exercisable under this Part of this Act or under section 66 below in relation to the patient by his nearest relative shall be exercisable by or with the leave of the court. \n3) Nothing in this Part of this Act shall be construed as authorising the making of a guardianship application in respect of a minor who is a ward of court, or the transfer into guardianship of any such minor. \n4) Where a community treatment order has been made in respect of a minor who is a ward of court, the provisions of this Part of this Act relating to community treatment orders and community patients have effect in relation to the minor subject to any order which the court makes in the exercise of its wardship jurisdiction; but this does not apply as regards any period when the minor is recalled to hospital under section 17E above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/33",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/33",
    "legislation_id": "ukpga/1983/20",
    "title": "Special provisions as to wards of court.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 33,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.983024Z",
    "text": "Section 56) **Patients to whom Part IV applies.**\n\n1) Section 57 and, so far as relevant to that section, sections 59 to 62 below apply to any patient. \n2) Subject to that and to subsection (5) below, this Part of this Act applies to a patient only if he falls within subsection (3) or (4) below. \n3) A patient falls within this subsection if he is liable to be detained under this Act but not if— \n\ta) he is so liable by virtue of an emergency application and the second medical recommendation referred to in section 4(4)(a) above has not been given and received; \n\tb) he is so liable by virtue of section 5(2) or (4) or 35 above or section 135 or 136 below or by virtue of a direction for his detention in a place of safety under section 37(4) or 45A(5) above; or \n\tc) he has been conditionally discharged under section 42(2) above or section 73 or 74 below and he is not recalled to hospital. \n4) A patient falls within this subsection if— \n\ta) he is a community patient; and \n\tb) he is recalled to hospital under section 17E above. \n5) Section 58A and, so far as relevant to that section, sections 59 to 62 below also apply to any patient who— \n\ta) does not fall within subsection (3) above; \n\tb) is not a community patient; and \n\tc) has not attained the age of 18 years. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/56",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/56",
    "legislation_id": "ukpga/1983/20",
    "title": "Patients to whom Part IV applies.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 56,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.916171Z",
    "text": "Section 41) **Power of higher courts to restrict discharge from hospital.**\n\n1) Where a hospital order is made in respect of an offender by the Crown Court, and it appears to the court, having regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large, that it is necessary for the protection of the public from serious harm so to do, the court may, subject to the provisions of this section, further order that the offender shall be subject to the special restrictions set out in this section  . . .  ; and an order under this section shall be known as “a restriction order”. \n2) A restriction order shall not be made in the case of any person unless at least one of the registered medical practitioners whose evidence is taken into account by the court under section 37(2)(a) above has given evidence orally before the court. \n3) The special restrictions applicable to a patient in respect of whom a restriction order is in force are as follows— \n\ta) none of the provisions of Part II of this Act relating to the duration, renewal and expiration of authority for the detention of patients shall apply, and the patient shall continue to be liable to be detained by virtue of the relevant hospital order until he is duly discharged under the said Part II or absolutely discharged under section 42, 73, 74 or 75 below; \n\taa) none of the provisions of Part II of this Act relating to community treatment orders and community patients shall apply; \n\tb) no application shall be made to the appropriate tribunal in respect of a patient under section 66 or 69(1) below; \n\tc) the following powers shall be exercisable only with the consent of the Secretary of State, namely— \n\t\ti) power to grant leave of absence to the patient under section 17 above; \n\t\tii) power to transfer the patient in pursuance of regulations under section 19 above or in pursuance of subsection 3 of that section ; and \n\t\tiii) power to order the discharge of the patient under section 23 above; and if leave of absence is granted under the said section 17 power to recall the patient under that section shall vest in the Secretary of State as well as the responsible clinician ; and \n\td) the power of the Secretary of State to recall the patient under the said section 17 and power to take the patient into custody and return him under section 18 above may be exercised at any time; and in relation to any such patient section 40(4) above shall have effect as if it referred to Part II of Schedule 1 to this Act instead of Part I of that Schedule. \n4) A hospital order shall not cease to have effect under section 40(5) above if a restriction order in respect of the patient is in force at the material time. \n5) Where a restriction order in respect of a patient ceases to have effect while the relevant hospital order continues in force, the provisions of section 40 above and Part I of Schedule 1 to this Act shall apply to the patient as if he had been admitted to the hospital in pursuance of a hospital order (without a restriction order) made on the date on which the restriction order ceased to have effect. \n6) While a person is subject to a restriction order the responsible clinician shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/41",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/41",
    "legislation_id": "ukpga/1983/20",
    "title": "Power of higher courts to restrict discharge from hospital.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 41,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.752909Z",
    "text": "Section 17F) **Powers in respect of recalled patients**\n\n1) This section applies to a community patient who is detained in a hospital by virtue of a notice recalling him there under section 17E above. \n2) The patient may be transferred to another hospital in such circumstances and subject to such conditions as may be prescribed in regulations made by the Secretary of State (if the hospital in which the patient is detained is in England) or the Welsh Ministers (if that hospital is in Wales). \n3) If he is so transferred to another hospital, he shall be treated for the purposes of this section (and section 17E above) as if the notice under that section were a notice recalling him to that other hospital and as if he had been detained there from the time when his detention in hospital by virtue of the notice first began. \n4) The responsible clinician may by order in writing revoke the community treatment order if— \n\ta) in his opinion, the conditions mentioned in section 3(2) above are satisfied in respect of the patient; and \n\tb) an approved mental health professional states in writing— \n\t\ti) that he agrees with that opinion; and \n\t\tii) that it is appropriate to revoke the order. \n5) The responsible clinician may at any time release the patient under this section, but not after the community treatment order has been revoked. \n6) If the patient has not been released, nor the community treatment order revoked, by the end of the period of 72 hours, he shall then be released. \n7) But a patient who is released under this section remains subject to the community treatment order. \n8) In this section— \n\ta) “the period of 72 hours” means the period of 72 hours beginning with the time when the patient's detention in hospital by virtue of the notice under section 17E above begins; and \n\tb) references to being released shall be construed as references to being released from that detention (and accordingly from being recalled to hospital). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17F",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17F",
    "legislation_id": "ukpga/1983/20",
    "title": "Powers in respect of recalled patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.398226Z",
    "text": "Section 132) **Duty of managers of hospitals to give information to detained patients.**\n\n1) The managers of a hospital or registered establishment in which a patient is detained under this Act shall take such steps as are practicable to ensure that the patient understands— \n\ta) under which of the provisions of this Act he is for the time being detained and the effect of that provision; and \n\tb) what rights of applying to a tribunal are available to him in respect of his detention under that provision; and those steps shall be taken as soon as practicable after the commencement of the patient’s detention under the provision in question. \n2) The managers of a hospital or registered establishment in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of sections 23, 25, 56 to 64, 66(1)(g), 118 and 120 above and section 134 below; and those steps shall be taken as soon as practicable after the commencement of the patient’s detention in the hospital or establishment . \n3) The steps to be taken under subsections (1) and (2) above shall include giving the requisite information both orally and in writing. \n4) The managers of a hospital or registered establishment in which a patient is detained as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsections (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/132",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/132",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty of managers of hospitals to give information to detained patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 132,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.144922Z",
    "text": "Section 80ZA) **Transfer of responsibility for community patients to Scotland**\n\n1) If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (2) below are met, the authority may authorise the transfer of responsibility for him to Scotland. \n2) The conditions are— \n\ta) a transfer under this section is in the patient's interests; and \n\tb) arrangements have been made for dealing with him under enactments in force in Scotland corresponding or similar to those relating to community patients in this Act. \n3) The appropriate national authority may not act under subsection (1) above while the patient is recalled to hospital under section 17E above. \n4) In this section,  “the appropriate national authority” means— \n\ta) in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State; \n\tb) in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/80ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/80ZA",
    "legislation_id": "ukpga/1983/20",
    "title": "Transfer of responsibility for community patients to Scotland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.206851Z",
    "text": "Section 92) **Interpretation of Part VI.**\n\n1) References in this Part of this Act to a hospital, being a hospital in England and Wales, shall be construed as references to a hospital within the meaning of Part II of this Act. \n1A) References in this Part of this Act to the responsible clinician shall be construed as references to the responsible clinician within the meaning of Part 2 of this Act. \n2) Where a patient is treated by virtue of this Part of this Act as if he had been removed to a hospital in England and Wales in pursuance of a direction under Part III of this Act, that direction shall be deemed to have been given on the date of his reception into the hospital. \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Sections 80 to 85A above shall have effect as if— \n\ta) any hospital direction under section 45A above were a transfer direction under section 47 above; and \n\tb) any limitation direction under section 45A above were a restriction direction under section 49 above. \n5) Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/92",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/92",
    "legislation_id": "ukpga/1983/20",
    "title": "Interpretation of Part VI.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 92,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.482241Z",
    "text": "SCHEDULE 1 Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders Sections 40(1), 41(3) and (5), and 55(4). ## Part I\n## Patients Not Subject to Special Restrictions\n\n\n1) Sections 9, 10, 17 to 17C, 17E, 17F, 20A , 21 to 21B ,  ... 26 to 28, 31, 32, 67 and 76 shall apply in relation to the patient without modification. \n2) Sections  . . . 17D, 17G, 18 to 20, 20B , 22, 23  . . . , 66 and 68 shall apply in relation to the patient with the modifications specified in paragraphs 2A to 10 below. \n2A) In section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below. \n2B) In section 17G— \n\ta) in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below; \n\tb) in subsection (4) for paragraphs (a) and (b) there shall be substituted the words the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital; and \n\tc) in subsection (5) for the words from  “the patient” to the end there shall be substituted the words the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked. \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) In section 18 subsection (5) shall be omitted. \n5) In section 19(2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained or subject to guardianship before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred, or placing him under the guardianship of the authority or person into whose guardianship he is transferred, as the case may be”. \n5A) In section 19A(2), paragraph (b) shall be omitted. \n6) In subsection 20— \n\ta) in subsection (1) for the words from “day on which he was” to “as the case may be” there shall be substituted the words “date of the relevant order or direction under Part III of this Act”;  . . . \n\tb)  . . . \n6A) In section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained. \n7) In section 22 for references to an application for admission or a guardianship application there shall be substituted references to the order or direction under Part III of this Act by virtue of which the patient is liable to be detained or subject to guardianship. \n8) In section 23(2)— \n\ta) in paragraph (a) the words “for assessment or” shall be omitted; and \n\tb) in paragraphs (a) to (c) the references to the nearest relative shall be omitted. \n8A)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) In section 66— \n\ta) in subsection (1), paragraphs (a), (b), (c), (g) and (h), the words in parenthesis in paragraph (i) and paragraph (ii) shall be omitted; and \n\tb) in subsection (2), paragraphs (a), (b), (c) and (g) , and in paragraph (d) “, (g)”, shall be omitted. . \n10) In section 68— \n\ta) in subsection (1) paragraph (a) shall be omitted; and \n\tb) subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise. ## Part II\n## Patients Subject to Special Restrictions\n\n\n1) Sections  ... 32 and 76 shall apply in relation to the patient without modification. \n2) Sections 17, 18, 19 , 22, 23 and 34 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 8 below. \n3) In section 17— \n\ta) in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”; \n\taa) subsections (2A) and (2B) shall be omitted; \n\tb) in subsection (4) after the words “the responsible clinician” and after the words  “that clinician” there shall be inserted the words “or the Secretary of State”; and \n\tc) in subsection (5) after the word “recalled” there shall be inserted the words “by the responsible clinician” , and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of twelve months beginning with the first day of his absence on leave”. \n4) In section 18 there shall be omitted— \n\ta) in subsection (1) the words “subject to the provisions of this section”; and \n\tb) subsections (3), (4) and (5). \n5) In section 19— \n\ta) in subsection (1) after the word “may” in paragraph (a) there shall be inserted the words “with the consent of the Secretary of State”, and the words from “or into” to the end of the subsection shall be omitted;  . . . \n\tb) in subsection (2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred”; and \n\tc) in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”. \n6) In section 22, subsections (1) and (5) shall not apply. \n7) In section 23— \n\ta) in subsection (1) references to guardianship shall be omitted and after the word “made” there shall be inserted the words “with the consent of the Secretary of State and” and \n\tb) in subsection (2)— \n\t\ti) in paragraph (a) the words “for assessment or” and “or by the nearest relative of the patient” shall be omitted; and \n\t\tii) paragraph (b) shall be omitted. \n8) In section 34, in subsection (1) the definition of “the nominated medical attendant” and subsection (3) shall be omitted. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/schedule/1",
    "legislation_id": "ukpga/1983/20",
    "title": "Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.164657Z",
    "text": "Section 81ZA) **Removal of community patients to Northern Ireland**\n\n1) Section 81 above shall apply in the case of a community patient as it applies in the case of a patient who is for the time being liable to be detained under this Act, as if the community patient were so liable. \n2) Any reference in that section to the application, order or direction by virtue of which a patient is liable to be detained under this Act shall be construed, for these purposes, as a reference to the application, order or direction under this Act in respect of the patient. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/81ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/81ZA",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal of community patients to Northern Ireland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.444035Z",
    "text": "Section 137) **Provisions as to custody, conveyance and detention.**\n\n1) Any person required or authorised by or by virtue of this Act to be conveyed to any place or to be kept in custody or detained in a place of safety or at any place to which he is taken under section 42(6) above shall, while being so conveyed, detained or kept, as the case may be, be deemed to be in legal custody. \n2) A constable or any other person required or authorised by or by virtue of this Act to take any person into custody, or to convey or detain any person shall, for the purposes of taking him into custody or conveying or detaining him, have all the powers, authorities, protection and privileges which a constable has within the area for which he acts as constable. \n3) In this section “convey” includes any other expression denoting removal from one place to another. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/137",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/137",
    "legislation_id": "ukpga/1983/20",
    "title": "Provisions as to custody, conveyance and detention.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 137,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.837194Z",
    "text": "Section 27) **Children and young persons in care.**\nWhere— \n\ta) a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989; or \n\tb) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968, the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife or civil partner (if any). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/27",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/27",
    "legislation_id": "ukpga/1983/20",
    "title": "Children and young persons in care.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 27,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.677484Z",
    "text": "Section 6) **Effect of application for admission.**\n\n1) An application for the admission of a patient to a hospital under this Part of this Act, duly completed in accordance with the provisions of this Part of this Act, shall be sufficient authority for the applicant, or any person authorised by the applicant, to take the patient and convey him to the hospital at any time within the following period, that is to say— \n\ta) in the case of an application other than an emergency application, the period of 14 days beginning with the date on which the patient was last examined by a registered medical practitioner before giving a medical recommendation for the purposes of the application; \n\tb) in the case of an emergency application, the period of 24 hours beginning at the time when the patient was examined by the practitioner giving the medical recommendation which is referred to in section 4(3) above, or at the time when the application is made, whichever is the earlier. \n2) Where a patient is admitted within the said period to the hospital specified in such an application as is mentioned in subsection (1) above, or, being within that hospital, is treated by virtue of section 5 above as if he had been so admitted, the application shall be sufficient authority for the managers to detain the patient in the hospital in accordance with the provisions of this Act. \n3) Any application for the admission of a patient under this Part of this Act which appears to be duly made and to be founded on the necessary medical recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given or of any matter of fact or opinion stated in it. \n4) Where a patient is admitted to a hospital in pursuance of an application for admission for treatment, any previous application under this part of this Act by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/6",
    "legislation_id": "ukpga/1983/20",
    "title": "Effect of application for admission.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.454789Z",
    "text": "Section 141) **Members of Parliament suffering from mental illness.**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/141",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/141",
    "legislation_id": "ukpga/1983/20",
    "title": "Members of Parliament suffering from mental illness.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 141,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.246063Z",
    "text": "Section 104) **General powers of the judge with respect to proceedings.**\n\n1) For the purposes of any proceedings before him with respect to persons suffering or alleged to be suffering from mental disorder, the judge shall have the same powers as are vested in the High Court in respect of securing the attendance of witnesses and the production of documents. \n2) Subject to the provisions of this section, any act or omission in the course of such proceedings which, if occurring in the course of proceedings in the High Court would have been a contempt of the Court, shall be punishable by the judge in any manner in which it could have been punished by the High Court. \n3) Subsection (2) above shall not authorise the Master, or any other officer of the Court of Protection to exercise any power of attachment or committal, but the Master or officer may certify any such act or omission to  . . .   a nominated judge, and  . . .   judge may upon such certification inquire into the alleged act or omission and take any such action in relation to it as he could have taken if the proceedings had been before him. \n4) Subsections (1) to (4) of section 36 of the  Supreme Court Act 1981 (which provides a special procedure for the issue of writs of subpoena ad testificandum and duces tecum so as to be enforceable throughout the United Kingdom) shall apply in relation to proceedings under this Part of this Act with the substitution for references to the High Court of references to the judge and for references to such writs of references to such document as may be prescribed by rules under this Part of this Act for issue by the judge for securing the attendance of witnesses or the production of documents. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/104",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/104",
    "legislation_id": "ukpga/1983/20",
    "title": "General powers of the judge with respect to proceedings.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 104,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.474368Z",
    "text": "Section 147) **Application to Northern Ireland.**\nSections 81, 82, 86, 87, 88 (and so far as applied by that section sections 18, 22 and 138),  ...   section 128 (except so far as it relates to patients subject to guardianship), 137, 139,  ... 142, 143 (so far as applicable to any Order in Council extending to Northern Ireland) and 144 above shall extend to Northern Ireland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Northern Ireland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/147",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/147",
    "legislation_id": "ukpga/1983/20",
    "title": "Application to Northern Ireland.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 147,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.239065Z",
    "text": "Section 102) **Lord Chancellor’s Visitors.**\n\n1) There shall continue to be the following panels of Lord Chancellor’s Visitors of patients constituted in accordance with this section, namely— \n\ta) a panel of Medical Visitors; \n\tb) a panel of Legal Visitors; and \n\tc) a panel of General Visitors (being Visitors who are not required by this section to possess either a medical or legal qualification for appointment). \n2) Each panel shall consist of persons appointed to it by the Lord Chancellor, the appointment of each person being for such term and subject to such conditions as the Lord Chancellor may determine. \n3) A person shall not be qualified to be appointed— \n\ta) to the panel of Medical Visitors unless he is a registered medical practitioner who appears to the Lord Chancellor to have special knowledge and experience of cases of mental disorder; \n\tb) to the panel of Legal Visitors unless he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990. \n4) If the Lord Chancellor so determines in the case of any Visitor appointed under this section, he shall be paid out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Treasury, determine. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/102",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/102",
    "legislation_id": "ukpga/1983/20",
    "title": "Lord Chancellor’s Visitors.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 102,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.241725Z",
    "text": "Section 103) **Functions of Visitors.**\n\n1) Patients shall be visited by Lord Chancellor’s Visitors in such circumstances, and in such manner, as may be prescribed by directions of a standing nature given by the Master of the Court of Protection with the concurrence of the Lord Chancellor. \n2) Where it appears to the judge in the case of any patient that a visit by a Lord Chancellor’s Visitor is necessary for the purpose of investigating any particular matter or matters relating to the capacity of the patient to manage and administer his property and affairs, or otherwise relating to the exercise in relation to him of the functions of the judge under this Part of this Act, the judge may order that the patient shall be visited for that purpose. \n3) Every visit falling to be made under subsection (1) or (2) above shall be made by a General Visitor unless, in a case where it appears to the judge that it is in the circumstances essential for the visit to be made by a Visitor with medical or legal qualifications, the judge directs that the visit shall be made by a Medical or a Legal Visitor. \n4) A Visitor making a visit under this section shall make such report on the visit as the judge may direct. \n5) A Visitor making a visit under this section may interview the patient in private. \n6) A Medical Visitor making a visit under this section may carry out in private a medical examination of the patient and may require the production of and inspect any medical records relating to the patient. \n7) The Master of the Court of Protection may visit any patient for the purpose mentioned in subsection (2) above and may interview the patient in private. \n8) A report made by a Visitor under this section, and information contained in such a report, shall not be disclosed except to the judge and any person authorised by the judge to receive the disclosure. \n9) If any person discloses any report or information in contravention of subsection (8) above, he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale or both. \n10) In this section references to patients include references to persons alleged to be incapable, by reason of mental disorder, of managing and administering their property and affairs. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/103",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/103",
    "legislation_id": "ukpga/1983/20",
    "title": "Functions of Visitors.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 103,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.830556Z",
    "text": "Section 26) **Definition of “relative” and “nearest relative”.**\n\n1) In this Part of this Act “relative” means any of the following persons:— \n\ta) husband or wife or civil partner ; \n\tb) son or daughter; \n\tc) father or mother; \n\td) brother or sister; \n\te) grandparent; \n\tf) grandchild; \n\tg) uncle or aunt; \n\th) nephew or niece. \n2) In deducing relationships for the purposes of this section, any relationship of the half-blood shall be treated as a relationship of the whole blood, and an illegitimate person shall be treated as the legitimate child of \n\ta) his mother, and \n\tb) if his father has parental responsibility for him within the meaning of section 3 of the Children Act 1989, his father. \n3) In this Part of this Act, subject to the provisions of this section and to the following provisions of this Part of this Act, the “nearest relative” means the person first described in subsection (1) above who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives described in any paragraph of that subsection being preferred to the other or others of those relatives, regardless of sex. \n4) Subject to the provisions of this section and to the following provisions of this Part of this Act, where the patient ordinarily resides with or is cared for by one or more of his relatives (or, if he is for the time being an in-patient in a hospital, he last ordinarily resided with or was cared for by one or more of his relatives) his nearest relative shall be determined— \n\ta) by giving preference to that relative or those relatives over the other or others; and \n\tb) as between two or more such relatives, in accordance with subsection (3) above. \n5) Where the person who, under subsection (3) or (4) above, would be the nearest relative of a patient— \n\ta) in the case of a patient ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man, is not so resident; or \n\tb) is the husband or wife or civil partner of the patient, but is permanently separated from the patient, either by agreement or under an order of a court, or has deserted or has been deserted by the patient for a period which has not come to an end; or \n\tc) is a person other than the husband, wife civil partner, , father or mother of the patient, and is for the time being under 18 years of age;  . . . \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the nearest relative of the patient shall be ascertained as if that person were dead. \n6) In this section “husband” , “wife”and\n\t\t\t\t\t\t “civil partner” include a person who is living with the patient as the patient's husband or wife or as if they were civil partners” , as the case may be (or, if the patient is for the time being an in-patient in a hospital, was so living until the patient was admitted), and has been or had been so living for a period of not less than six months; but a person shall not be treated by virtue of this subsection as the nearest relative of a married patient or a patient in a civil partnership unless the husband, wife or civil partner of the patient is disregarded by virtue of paragraph (b) of subsection (5) above. \n7) A person, other than a relative, with whom the patient ordinarily resides (or, if the patient is for the time being an in-patient in a hospital, last ordinarily resided before he was admitted), and with whom he has or had been ordinarily residing for a period of not less than five years, shall be treated for the purposes of this Part of this Act as if he were a relative but— \n\ta) shall be treated for the purposes of subsection (3) above as if mentioned last in subsection (1) above; and \n\tb) shall not be treated by virtue of this subsection as the nearest relative of a married patient or a patient in a civil partnership unless the husband, wife or civil partner of the patient is disregarded by virtue of paragraph (b) of subsection (5) above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/26",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/26",
    "legislation_id": "ukpga/1983/20",
    "title": "Definition of “relative” and “nearest relative”.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 26,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.692792Z",
    "text": "Section 9) **Regulations as to guardianship.**\n\n1) Subject to the provisions of this Part of this Act, the Secretary of State may make regulations— \n\ta) for regulating the exercise by the guardians of patients received into guardianship under this Part of this Act of their powers as such; and \n\tb) for imposing on such guardians, and upon local social services authorities in the case of patients under the guardianship of persons other than local social services authorities, such duties as he considers necessary or expedient in the interests of the patients. \n2) Regulations under this section may in particular make provision for requiring the patients to be visited, on such occasions or at such intervals as may be prescribed by the regulations, on behalf of such local social services authorities as may be so prescribed, and shall provide for the appointment, in the case of every patient subject to the guardianship of a person other than a local social services authority, of a registered medical practitioner to act as the nominated medical attendant of the patient. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/9",
    "legislation_id": "ukpga/1983/20",
    "title": "Regulations as to guardianship.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.378055Z",
    "text": "Section 130I) **Welsh qualifying compulsory patients**\n\n1) This section applies for the purposes of section 130E above. \n2) A patient is a Welsh qualifying compulsory patient if he is– \n\ta) liable to be detained under this Act (other than under section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in Wales; \n\tb) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in Wales; or \n\tc) a community patient and the responsible hospital is situated in Wales. \n3) A patient is also a Welsh qualifying compulsory patient if the patient is to be regarded as being in Wales for the purposes of this subsection and– \n\ta) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or \n\tb) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies. \n4) For the purposes of subsection (3), a patient is to be regarded as being in Wales if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130C(3), and published, by the Secretary of State and the Welsh Ministers. \n5) Where a patient who is a Welsh qualifying compulsory patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until– \n\ta) the proposal is withdrawn; or \n\tb) the treatment is completed or discontinued. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130I",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130I",
    "legislation_id": "ukpga/1983/20",
    "title": "Welsh qualifying compulsory patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.837568Z",
    "text": "Section 28) **Nearest relative of minor under guardianship, etc.**\n\n1) Where— \n\ta) a guardian has been appointed for a person who has not attained the age of eighteen years; or \n\tb) a person is named in a child arrangements order (as defined by section 8 of the Children Act 1989) as a person with whom a person who has not attained the age of eighteen years is to live , the guardian (or guardians, where there is more than one) or the person so named (or the persons so named, where there is more than one) shall, to the exclusion of any other person, be deemed to be his nearest relative. \n2) Subsection (5) of section 26 above shall apply in relation to a person who is, or who is one of the persons, deemed to be the nearest relative of a patient by virtue of this section as it applies in relation to a person who would be the nearest relative under subsection (3) of that section. \n3) In this section “guardian” includes a special guardian (within the meaning of the Children Act 1989), but does not include a guardian under this Part of this Act. \n4) In this section “court” includes a court in Scotland or Northern Ireland, and “enactment” includes an enactment of the Parliament of Northern Ireland, a Measure of the Northern Ireland Assembly and an Order in Council under Schedule 1 of the  Northern Ireland Act 1974. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/28",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/28",
    "legislation_id": "ukpga/1983/20",
    "title": "Nearest relative of minor under guardianship, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 28,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.454876Z",
    "text": "Section 142) **Pay, pensions, etc., of mentally disordered persons.**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/142",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/142",
    "legislation_id": "ukpga/1983/20",
    "title": "Pay, pensions, etc., of mentally disordered persons.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 142,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.854536Z",
    "text": "Section 31) **Procedure on applications to county court.**\nRules of court which relate to applications authorised by this Part of this Act to be made to the county court may make provision— \n\ta) for the hearing and determination of such applications otherwise than in open court; \n\tb) for the admission on the hearing of such applications of evidence of such descriptions as may be specified in the rules notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility of evidence; \n\tc) for the visiting and interviewing of patients in private by or under the directions of the court. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/31",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/31",
    "legislation_id": "ukpga/1983/20",
    "title": "Procedure on applications to county court.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 31,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.217175Z",
    "text": "Section 96) **Powers of the judge as to patient’s property and affairs.**\n\n1) Without prejudice to the generality of section 95 above, the judge shall have power to make such orders and give such directions and authorities as he thinks fit for the purposes of that section and in particular may for those purposes make orders or give directions or authorities for— \n\ta) the control (with or without the transfer or vesting of property or the payment into or lodgment in the Supreme Court of money or securities) and management of any property of the patient; \n\tb) the sale, exchange, charging or other disposition of or dealing with any property of the patient; \n\tc) the acquisition of any property in the name or on behalf of the patient; \n\td) the settlement of any property of the patient, or the gift of any property of the patient to any such persons or for any such purposes as are mentioned in paragraphs (b) and (c) of section 95(1) above; \n\te) the execution for the patient of a will making any provision (whether by way of disposing of property or exercising a power or otherwise) which could be made by a will executed by the patient if he were not mentally disordered; \n\tf) the carrying on by a suitable person of any profession, trade or business of the patient; \n\tg) the dissolution of a partnership of which the patient is a member; \n\th) the carrying out of any contract entered into by the patient; \n\ti) the conduct of legal proceedings in the name of the patient or on his behalf; \n\tj) the reimbursement out of the property of the patient, with or without interest, of money applied by any person either in payment of the patient’s debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or members of his family or in making provision for other persons or purposes for whom or which he might be expected to provide if he were not mentally disordered; \n\tk) the exercise of any power (including a power to consent) vested in the patient, whether beneficially, or as guardian or trustee, or otherwise. \n2) If under subsection (1) above provision is made for the settlement of any property of a patient, or the exercise of a power vested in a patient of appointing trustees or retiring from a trust, the judge may also make as respects the property settled or trust property such consequential vesting or other orders as the case may require, including (in the case of the exercise of such a power) any order which could have been made in such a case under Part IV of the  Trustee Act 1925. \n3) Where under this section a settlement has been made of any property of a patient, and  . . .  a nominated judge is satisfied, at any time before the death of the patient, that any material fact was not disclosed when the settlement was made, or that there has been any substantial change in circumstances, he may by order vary the settlement in such manner as he thinks fit, and give any consequential directions. \n4) The power of the judge to make or give an order, direction or authority for the execution of a will for a patient— \n\ta) shall not be exercisable at any time when the patient is a minor, and \n\tb) shall not be exercised unless the judge has reason to believe that the patient is incapable of making a valid will for himself. \n5) The powers of a patient as patron of a benefice shall be exercisable by the Lord Chancellor only. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/96",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/96",
    "legislation_id": "ukpga/1983/20",
    "title": "Powers of the judge as to patient’s property and affairs.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 96,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.713014Z",
    "text": "Section 12ZB) **Requirement to exercise approval functions: England**\n\n1) The Secretary of State may impose a requirement on NHS England (“NHS England”) or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently— \n\ta) with NHS England or (as the case may be) Special Health Authority, and \n\tb) if an agreement under section 12ZA has effect, with the other person by whom the function is exercisable under that agreement. \n2) The Secretary of State may, in particular, require the body concerned to exercise an approval function— \n\ta) in all circumstances or only in specified circumstances; \n\tb) in all areas or only in specified areas. \n3) The Secretary of State may require the body concerned to exercise an approval function— \n\ta) for a period specified in the requirement, or \n\tb) for a period determined in accordance with the requirement. \n4) Where a requirement under subsection (1) is imposed, NHS England or (as the case may be) Special Health Authority must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function. \n5) An instruction under subsection (4) may be given in such form as the Secretary of State may determine. \n6) The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may determine. \n7) Where NHS England or a Special Health Authority has an approval function by virtue of this section, the function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that Act. \n8) The Secretary of State may make payments in connection with the exercise of an approval function by virtue of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/12ZB",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/12ZB",
    "legislation_id": "ukpga/1983/20",
    "title": "Requirement to exercise approval functions: England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.325765Z",
    "text": "Section 126) **Forgery, false statements, etc.**\n\n1) Any person who without lawful authority or excuse has in his custody or under his control any document to which this subsection applies, which is, and which he knows or believes to be, false within the meaning of Part I of the  Forgery and Counterfeiting Act 1981, shall be guilty of an offence. \n2) Any person who without lawful authority or excuse makes or has in his custody or under his control, any document so closely resembling a document to which subsection (1) above applies as to be calculated to deceive shall be guilty of an offence. \n3) The documents to which subsection (1) above applies are any documents purporting to be— \n\ta) an application under Part II of this Act; \n\tb) a medical or other recommendation or report under this Act; and \n\tc) any other document required or authorised to be made for any of the purposes of this Act. \n4) Any person who— \n\ta) wilfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorised to be made for any of the purposes of this Act; or \n\tb) with intent to deceive, makes use of any such entry or statement which he knows to be false, shall be guilty of an offence. \n5) Any person guilty of an offence under this section shall be liable— \n\ta) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; \n\tb) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/126",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/126",
    "legislation_id": "ukpga/1983/20",
    "title": "Forgery, false statements, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 126,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.203672Z",
    "text": "Section 90) **Regulations for purposes of Part VI.**\nSection 32 above shall have effect as if references in that section to Part II of this Act included references to this Part of this Act , so far as this Part of this Act applies to patients removed to England and Wales or for whom responsibility is transferred to England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/90",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/90",
    "legislation_id": "ukpga/1983/20",
    "title": "Regulations for purposes of Part VI.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 90,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.364361Z",
    "text": "Section 130F) **Arrangements under section 130E for Welsh qualifying compulsory patients**\n\n1) The help available to a Welsh qualifying compulsory patient under arrangements under section 130E shall include help in obtaining information about and understanding– \n\ta) the provisions of this Act by virtue of which he is a qualifying compulsory patient; \n\tb) any conditions or restrictions to which he is subject by virtue of this Act; \n\tc) what (if any) medical treatment is given to him or is proposed or discussed in his case; \n\td) why it is given, proposed or discussed; \n\te) the authority under which it is, or would be, given; and \n\tf) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him. \n2) The help available under the arrangements to a Welsh qualifying compulsory patient shall also include– \n\ta) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; \n\tb) help (by way of representation or otherwise)– \n\t\ti) in exercising the rights referred to in paragraph (a); \n\t\tii) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally; \n\t\tiii) for patients who wish to complain about their care or treatment; \n\tc) the provision of information about other services which are or may be available to the patient; \n\td) other help specified in regulations made by the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130F",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130F",
    "legislation_id": "ukpga/1983/20",
    "title": "Arrangements under section 130E for Welsh qualifying compulsory patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.454065Z",
    "text": "Section 140) **Notification of hospitals having arrangements for special cases.**\nIt shall be the duty of every integrated care board and of  ... every Local Health Board to give notice to every local social services authority for an area wholly or partly comprised within the area of the integrated care board or  ... Local Health Board specifying the hospital or hospitals administered by or otherwise available to the integrated care board or  ... Local Health Board in which arrangements are from time to time in force \n\ta) for the reception of patients in cases of special urgency; \n\tb) for the provision of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.  ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/140",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/140",
    "legislation_id": "ukpga/1983/20",
    "title": "Notification of hospitals having arrangements for special cases.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 140,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.748536Z",
    "text": "Section 17D) **Effect of community treatment order**\n\n1) The application for admission for treatment in respect of a patient shall not cease to have effect by virtue of his becoming a community patient. \n2) But while he remains a community patient— \n\ta) the authority of the managers to detain him under section 6(2) above in pursuance of that application shall be suspended; and \n\tb) reference (however expressed) in this or any other Act, or in any subordinate legislation (within the meaning of the Interpretation Act 1978), to patients liable to be detained, or detained, under this Act shall not include him. \n3) And section 20 below shall not apply to him while he remains a community patient. \n4) Accordingly, authority for his detention shall not expire during any period in which that authority is suspended by virtue of subsection (2)(a) above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17D",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17D",
    "legislation_id": "ukpga/1983/20",
    "title": "Effect of community treatment order",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.265451Z",
    "text": "Section 111) **Construction of references in other Acts to judge or authority having jurisdiction under Part VII.**\n\n1) The functions expressed to be conferred by any enactment not contained in this Part of this Act on the judge having jurisdiction under this Part of this Act shall be exercisable  . . .   by a nominated judge. \n2) Subject to subsection (3) and (3A) below, the functions expressed to be conferred by any such enactment on the authority having jurisdiction under this Part of this Act shall, subject to any express provision to the contrary, be exercisable by  . . .   a nominated judge, the Master of the Court of Protection or a nominated officer. \n2A) The exercise of the functions referred to in subsection (2) above by the Public Trustee shall be subject to any directions of the Master and they shall be excercisable so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master. \n3) The exercise of the functions referred to in subsection (2) above by a nominated officer shall be subject to any directions of the Master and they shall be exercisable so far only as may be provided by the instrument by which the officer is nominated. \n3A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions referred to in subsection (2) above shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise). \n4) Subject to the foregoing provisions of this section— \n\ta) references in any enactment not contained in this Part of this Act to the judge having jurisdiction under this Part of this Act shall be construed as references to  . . .   a nominated judge, and \n\tb) references in any such enactment to the authority having jurisdiction under this Part of this Act shall be construed as references to  . . .   a nominated judge, the Master of the Court of Protection or a nominated officer. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/111",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/111",
    "legislation_id": "ukpga/1983/20",
    "title": "Construction of references in other Acts to judge or authority having jurisdiction under Part VII.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 111,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.209838Z",
    "text": "Section 93) **Judicial authorities and Court of Protection.**\n\n1) The Lord Chief Justice shall, after consulting the Lord Chancellor, shall from time to time nominate one or more judges of the Supreme Court (in this Act referred to as “nominated judges”) to act for the purposes of this Part of this Act. \n2) There shall continue to be an office of the Supreme Court, called the Court of Protection, for the protection and management, as provided by this Part of this Act, of the property and affairs of persons under disability; and there shall continue to be a Master of the Court of Protection appointed by Her Majesty under section 89 of the  Supreme Court Act 1981. \n3) The Master of the Court of Protection shall take the oath of allegiance and judicial oath in the presence of the Lord Chief Justice ; and the  Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included the Master of the Court of Protection. \n4) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, nominate other officers of the Court of Protection (in this Part of this Act referred to as “nominated officers”) to act for the purposes of this Part of this Act. \n5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/93",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/93",
    "legislation_id": "ukpga/1983/20",
    "title": "Judicial authorities and Court of Protection.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 93,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.322024Z",
    "text": "Section 120D) **Annual reports**\n\n1) The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act. \n2) The report must be published as soon as possible after the end of each financial year. \n3) The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament. \n4) The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales. \n5) In this section  “financial year” means— \n\ta) the period beginning with the date on which section 52 of the Health and Social Care Act 2008 comes into force and ending with the next 31 March following that date, and \n\tb) each successive period of 12 months ending with 31 March. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/120D",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/120D",
    "legislation_id": "ukpga/1983/20",
    "title": "Annual reports",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.454984Z",
    "text": "Section 142A) **Regulations as to approvals in relation to England and Wales**\nThe Secretary of State jointly with the Welsh Ministers may by regulations make provision as to the circumstances in which— \n\ta) a practitioner approved for the purposes of section 12 above, or \n\tb) a person approved to act as an approved clinician for the purposes of this Act, approved in relation to England is to be treated, by virtue of his approval, as approved in relation to Wales too, and vice versa. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/142A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/142A",
    "legislation_id": "ukpga/1983/20",
    "title": "Regulations as to approvals in relation to England and Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.181747Z",
    "text": "Section 84) **Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.**\n\n1) The Secretary of State may by warrant direct that any offender found by a court in any of the Channel Islands or in the Isle of Man to be insane or to have been insane at the time of the alleged offence, and ordered to be detained during Her Majesty’s pleasure, be removed to a hospital in England and Wales. \n2) A patient removed under subsection (1) above shall, on his reception into the hospital in England and Wales, be treated as if he were subject to a hospital order together with a restriction order . . . . \n3) The Secretary of State may by warrant direct that any patient removed under this section from any of the Channel Islands or from the Isle of Man be returned to the island from which he was so removed, there to be dealt with according to law in all respects as if he had not been removed under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/84",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/84",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 84,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.334545Z",
    "text": "Section 129) **Obstruction.**\n\n1) Any person who without reasonable cause— \n\ta) refuses to allow the inspection of any premises; or \n\tb) refuses to allow the visiting, interviewing or examination of any person by a person authorised in that behalf by or under this Act or to give access to any person to a person so authorised ; or \n\tc) refuses to produce for the inspection of any person so authorised any document or record the production of which is duly required by him; or \n\tca) fails to comply with a request made under section 120C; or \n\td) otherwise obstructs any such person in the exercise of his functions, shall be guilty of an offence. \n2) Without prejudice to the generality of subsection (1) above, any person who insists on being present when required to withdraw by a person authorised by or under this Act to interview or examine a person in private shall be guilty of an offence. \n3) Any person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or to both. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/129",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/129",
    "legislation_id": "ukpga/1983/20",
    "title": "Obstruction.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 129,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.191977Z",
    "text": "Section 85A) **Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man**\n\n1) This section applies to any patient responsibility for whom is transferred to the Secretary of State by the authority exercising corresponding functions in any of the Channel Islands or the Isle of Man under a provision corresponding to section 83A above. \n2) The patient shall be treated— \n\ta) as if on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and \n\tb) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above, or to a hospital direction and a limitation direction under section 45A above, or to a transfer direction under section 47 above and a restriction direction under section 49 above. \n3) Where the patient was immediately before the transfer subject to an order or direction restricting his discharge, being an order or direction of limited duration, the restriction order , limitation direction or restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned order or direction would have expired if the transfer had not been made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/85A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/85A",
    "legislation_id": "ukpga/1983/20",
    "title": "Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.403285Z",
    "text": "Section 133) **Duty of managers of hospitals to inform nearest relatives of discharge.**\n\n1) Where a patient liable to be detained under this Act in a hospital or registered establishment is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or registered establishment shall, subject to subsection (2) below, take such steps as are practicable to inform the person (if any) appearing to them to be the nearest relative of the patient; and that information shall, if practicable, be given at least seven days before the date of discharge. \n1A) The reference in subsection (1) above to a patient who is to be discharged includes a patient who is to be discharged from hospital under section 17A above. \n1B) Subsection (1) above shall also apply in a case where a community patient is discharged under section 23 or 72 above (otherwise than by virtue of an order for discharge made by his nearest relative), but with the reference in that subsection to the managers of the hospital or registered establishment being read as a reference to the managers of the responsible hospital. \n2) Subsection (1) above shall not apply if the patient or his nearest relative has requested that information about the patient’s discharge should not be given under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/133",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/133",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty of managers of hospitals to inform nearest relatives of discharge.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 133,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.178207Z",
    "text": "Section 83) **Removal of patients to Channel Islands or Isle of Man.**\nIf it appears to the Secretary of State, in the case of a patient who is for the time being liable to be detained or subject to guardianship under this Act (otherwise than by virtue of section 35, 36 or 38 above), that it is in the interests of the patient to remove him to any of the Channel Islands or to the Isle of Man, and that arrangements have been made for admitting him to a hospital or, as the case may be, for receiving him into guardianship there, the Secretary of State may authorise his removal to the island in question and may give any necessary directions for his conveyance to his destination. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/83",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/83",
    "legislation_id": "ukpga/1983/20",
    "title": "Removal of patients to Channel Islands or Isle of Man.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 83,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.223649Z",
    "text": "Section 97) **Supplementary provisions as to wills executed under s. 96.**\n\n1) Where under section 96(1) above the judge makes or gives an order, direction or authority requiring or authorising a person (in this section referred to as “the authorised person”) to execute a will for a patient, any will executed in pursuance of that order, direction or authority shall be expressed to be signed by the patient acting by the authorised person, and shall be— \n\ta) signed by the authorised person with the name of the patient, and with his own name, in the presence of two or more witnesses present at the same time, and \n\tb) attested and subscribed by those witnesses in the presence of the authorised person, and \n\tc) sealed with the official seal of the Court of Protection. \n2) The  Wills Act 1837 shall have effect in relation to any such will as if it were signed by the patient by his own hand, except that in relation to any such will— \n\ta) section 9 of that Act (which makes provision as to the signing and attestation of wills) shall not apply, and \n\tb) in the subsequent provisions of that Act any reference to execution in the manner required by the previous provisions of that Act shall be construed as a reference to execution in the manner required by subsection (1) above. \n3) Subject to the following provisions of this section, any such will executed in accordance with subsection (1) above shall have the same effect for all purposes as if the patient were capable of making a valid will and the will had been executed by him in the manner required by the  Wills Act 1837. \n4) So much of subsection (3) above as provides for such a will to have effect as if the patient were capable of making a valid will— \n\ta) shall not have effect in relation to such a will in so far as it disposes of any immovable property, other than immovable property in England or Wales, and \n\tb) where at the time when such a will is executed the patient is domiciled in Scotland or Northern Ireland or in a country or territory outside the United Kingdom, shall not have effect in relation to that will in so far as it relates to any other property or matter, except any property or matter in respect of which, under the law of his domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/97",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/97",
    "legislation_id": "ukpga/1983/20",
    "title": "Supplementary provisions as to wills executed under s. 96.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 97,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.165660Z",
    "text": "Section 81A) **Transfer of responsibility for patients to Northern Ireland.**\n\n1) If it appears to the Secretary of State, in the case of a patient who— \n\ta) is subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above; \n\tb) has been conditionally discharged under section 42 or 73 above, that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Northern Ireland, transfer responsibility for the patient to that Minister. \n2) Where responsibility for such a patient is transferred under this section, the patient shall be treated— \n\ta) as if on the date of the transfer he had been conditionally discharged under the corresponding enactment in force in Northern Ireland; and \n\tb) as if he were subject to a hospital order and a restriction order, or to a transfer direction and a restriction direction, under the corresponding enactment in force in Northern Ireland. \n3) Where a patient responsibility for whom is transferred under this section was immediately before the transfer subject to a . . .   restriction direction of limited duration, the . . .  restriction direction to which he is subject by virtue of subsection (2) above shall expire on the date on which the first-mentioned . . .    direction would have expired if the transfer had not been made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/81A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/81A",
    "legislation_id": "ukpga/1983/20",
    "title": "Transfer of responsibility for patients to Northern Ireland.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.795705Z",
    "text": "Section 20B) **Effect of expiry of community treatment order**\n\n1) A community patient shall be deemed to be discharged absolutely from liability to recall under this Part of this Act, and the application for admission for treatment cease to have effect, on expiry of the community treatment order, if the order has not previously ceased to be in force. \n2) For the purposes of subsection (1) above, a community treatment order expires on expiry of the community treatment period as extended under this Part of this Act, but this is subject to sections 21 and 22 below. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/20B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/20B",
    "legislation_id": "ukpga/1983/20",
    "title": "Effect of expiry of community treatment order",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.880089Z",
    "text": "Section 36) **Remand of accused person to hospital for treatment.**\n\n1) Subject to the provisions of this section, the Crown Court may, instead of remanding an accused person in custody, remand him to a hospital specified by the court if satisfied, on the written or oral evidence of two registered medical practitioners, that \n\ta) he is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and \n\tb) appropriate medical treatment is available for him. \n2) For the purposes of this section an accused person is any person who is in custody awaiting trial before the Crown Court for an offence punishable with imprisonment (other than an offence the sentence for which is fixed by law) or who at any time before sentence is in custody in the course of a trial before that court for such an offence. \n3) The court shall not remand an accused person under this section to a hospital unless it is satisfied, on the written or oral evidence of the approved clinician who would have overall responsibility for his case or of some other person representing the managers of the hospital, that arrangements have been made for his admission to that hospital and for his admission to it within the period of seven days beginning with the date of the remand; and if the court is so satisfied it may, pending his admission, give directions for his conveyance to and detention in a place of safety. \n4) Where a court has remanded an accused person under this section it may further remand him if it appears to the court, on the written or oral evidence of the responsible clinician , that a further remand is warranted. \n5) The power of further remanding an accused person under this section may be exercised by the court without his being brought before the court if he is represented by an authorised person who is given an opportunity of being heard. \n6) An accused person shall not be remanded or further remanded under this section for more than 28 days at a time or for more than 12 weeks in all; and the court may at any time terminate the remand if it appears to the court that it is appropriate to do so. \n7) An accused person remanded to hospital under this section shall be entitled to obtain at his own expense an independent report on his mental condition from a registered medical practitioner or approved clinician chosen by him and to apply to the court on the basis of it for his remand to be terminated under subsection (6) above. \n8) Subsections (9) and (10) of section 35 above shall have effect in relation to a remand under this section as they have effect in relation to a remand under that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/36",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/36",
    "legislation_id": "ukpga/1983/20",
    "title": "Remand of accused person to hospital for treatment.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 36,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.824546Z",
    "text": "Section 24) **Visiting and examination of patients.**\n\n1) For the purpose of advising as to the exercise by the nearest relative of a patient who is liable to be detained or subject to guardianship under this Part of this Act , or who is a community patient, of any power to order his discharge, any registered medical practitioner or approved clinician authorised by or on behalf of the nearest relative of the patient may, at any reasonable time, visit the patient and examine him in private. \n2) Any registered medical practitioner or approved clinician authorised for the purposes of subsection (1) above to visit and examine a patient may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital or to any after-care services provided for the patient under section 117 below. . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/24",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/24",
    "legislation_id": "ukpga/1983/20",
    "title": "Visiting and examination of patients.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 24,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.756509Z",
    "text": "Section 17G) **Effect of revoking community treatment order**\n\n1) This section applies if a community treatment order is revoked under section 17F above in respect of a patient. \n2) Section 6(2) above shall have effect as if the patient had never been discharged from hospital by virtue of the community treatment order. \n3) The provisions of this or any other Act relating to patients liable to be detained (or detained) in pursuance of an application for admission for treatment shall apply to the patient as they did before the community treatment order was made, unless otherwise provided. \n4) If, when the order is revoked, the patient is being detained in a hospital other than the responsible hospital, the provisions of this Part of this Act shall have effect as if— \n\ta) the application for admission for treatment in respect of him were an application for admission to that other hospital; and \n\tb) he had been admitted to that other hospital at the time when he was originally admitted in pursuance of the application. \n5) But, in any case, section 20 below shall have effect as if the patient had been admitted to hospital in pursuance of the application for admission for treatment on the day on which the order is revoked. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17G",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17G",
    "legislation_id": "ukpga/1983/20",
    "title": "Effect of revoking community treatment order",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.181342Z",
    "text": "Section 83A) **Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man**\nIf it appears to the Secretary of State, in the case of a patient who— \n\ta) is subject to a restriction order or restriction direction under section 41 or 49 above; and \n\tb) has been conditionally discharged under section 42 or 73 above, that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the authority exercising corresponding functions in any of the Channel Islands or in the Isle of Man, transfer responsibility for the patient to that authority. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/83A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/83A",
    "legislation_id": "ukpga/1983/20",
    "title": "Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.953536Z",
    "text": "Section 49) **Restriction on discharge of prisoners removed to hospital.**\n\n1) Where a transfer direction is given in respect of any person, the Secretary of State, if he thinks fit, may by warrant further direct that that person shall be subject to the special restrictions set out in section 41 above; and where the Secretary of State gives a transfer direction in respect of any such person as is described in paragraph (a) or (b) of section 48(2) above, he shall also give a direction under this section applying those restrictions to him. \n2) A direction under this section shall have the same effect as a restriction order made under section 41 above and shall be known as “a restriction direction”. \n3) While a person is subject to a restriction direction the responsible clinician shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/49",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/49",
    "legislation_id": "ukpga/1983/20",
    "title": "Restriction on discharge of prisoners removed to hospital.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 49,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.094797Z",
    "text": "Section 73) **Power to discharge restricted patients.**\n\n1) Where an application to the appropriate tribunal is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to the appropriate tribunal , the tribunal shall direct the absolute discharge of the patient if— \n\ta) the tribunal is not satisfied as to the matters mentioned in paragraph (b)(i) , (ii) or (iia) of section 72(1) above; and \n\tb) the tribunal is satisfied that it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment. \n2) Where in the case of any such patient as is mentioned in subsection (1) above— \n\ta) paragraph (a) of that subsection applies; but \n\tb) paragraph (b) of that subsection does not apply, the tribunal shall direct the conditional discharge of the patient. \n3) Where a patient is absolutely discharged under this section he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and the restriction order shall cease to have effect accordingly. \n4) Where a patient is conditionally discharged under this section— \n\ta) he may be recalled by the Secretary of State under subsection (3) of section 42 above as if he had been conditionally discharged under subsection (2) of that section; and \n\tb) the patient shall comply with such conditions (if any) as may be imposed at the time of discharge by the tribunal or at any subsequent time by the Secretary of State. \n5) The Secretary of State may from time to time vary any condition imposed (whether by the tribunal or by him) under subsection (4) above. \n6) Where a restriction order in respect of a patient ceases to have effect after he has been conditionally discharged under this section the patient shall, unless previously recalled, be deemed to be absolutely discharged on the date when the order ceases to have effect and shall cease to be liable to be detained by virtue of the relevant hospital order. \n7) A tribunal may defer a direction for the conditional discharge of a patient until such arrangements as appear to the tribunal to be necessary for that purpose have been made to its satisfaction ; and where by virtue of any such deferment no direction has been given on an application or reference before the time when the patient’s case comes before the tribunal on a subsequent application or reference, the previous application or reference shall be treated as one on which no direction under this section can be given. \n8) This section is without prejudice to section 42 above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/73",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/73",
    "legislation_id": "ukpga/1983/20",
    "title": "Power to discharge restricted patients.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 73,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.826746Z",
    "text": "Section 25) **Restrictions on discharge by nearest relative.**\n\n1) An order for the discharge of a patient who is liable to be detained in a hospital shall not be made under section 23 above by his nearest relative except after giving not less than 72 hours’ notice in writing to the managers of the hospital; and if, within 72 hours after such notice has been given, the responsible clinician furnishes to the managers a report certifying that in the opinion of that clinician the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself— \n\ta) any order for the discharge of the patient made by that relative in pursuance of the notice shall be of no effect; and \n\tb) no further order for the discharge of the patient shall be made by that relative during the period of six months beginning with the date of the report. \n1A) Subsection (1) above shall apply to an order for the discharge of a community patient as it applies to an order for the discharge of a patient who is liable to be detained in a hospital, but with the reference to the managers of the hospital being read as a reference to the managers of the responsible hospital. \n2) In any case where a report under subsection (1) above is furnished in respect of a patient who is liable to be detained in pursuance of an application for admission for treatment , or in respect of a community patient, the managers shall cause the nearest relative of the patient to be informed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/25",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/25",
    "legislation_id": "ukpga/1983/20",
    "title": "Restrictions on discharge by nearest relative.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.455292Z",
    "text": "Section 142B) **Delegation of powers of managers of \nNHS\n foundation trusts**\n\n1) The constitution of an NHS foundation trust may not provide for a function under this Act to be delegated otherwise than in accordance with provision made by or under this Act. \n2) Paragraph 15(3) of Schedule 7 to the National Health Service Act 2006 (which provides that the powers of a public benefit corporation may be delegated to a committee of directors or to an executive director) shall have effect subject to this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/142B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/142B",
    "legislation_id": "ukpga/1983/20",
    "title": "Delegation of powers of managers of NHS foundation trusts",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.337167Z",
    "text": "Section 130) **Prosecutions by local authorities.**\nA local social services authority may institute proceedings for any offence under this Part of this Act, but without prejudice to any provision of this Part of this Act requiring the consent of the Director of Public Prosecutions for the institution of such proceedings. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/130",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/130",
    "legislation_id": "ukpga/1983/20",
    "title": "Prosecutions by local authorities.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 130,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.748195Z",
    "text": "Section 17C) **Duration of community treatment order**\nA community treatment order shall remain in force until— \n\ta) the period mentioned in section 20A(1) below (as extended under any provision of this Act) expires, but this is subject to sections 21 and 22 below; \n\tb) the patient is discharged in pursuance of an order under section 23 below or a direction under section 72 below; \n\tc) the application for admission for treatment in respect of the patient otherwise ceases to have effect; or \n\td) the order is revoked under section 17F below, whichever occurs first. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/17C",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/17C",
    "legislation_id": "ukpga/1983/20",
    "title": "Duration of community treatment order",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.147057Z",
    "text": "Section 80A) **Transfer of responsibility for conditionally discharged patients to Scotland**\n\n1) If it appears to the Secretary of State, in the case of a patient who— \n\ta) is subject to a restriction order under section 41 above; and \n\tb) has been conditionally discharged under section 42 or 73 above, that a transfer under this section would be in the interests of the patient, the Secretary of State may, with the consent of the Minister exercising corresponding functions in Scotland, transfer responsibility for the patient to that Minister. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/80A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/80A",
    "legislation_id": "ukpga/1983/20",
    "title": "Transfer of responsibility for conditionally discharged patients to Scotland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.922286Z",
    "text": "Section 42) **Powers of Secretary of State in respect of patients subject to restriction orders.**\n\n1) If the Secretary of State is satisfied that in the case of any patient a restriction order is no longer required for the protection of the public from serious harm, he may direct that the patient shall cease to be subject to the special restrictions set out in section 41(3) above; and where the Secretary of State so directs, the restriction order shall cease to have effect, and section 41(5) above shall apply accordingly. \n2) At any time while a restriction order is in force in respect of a patient, the Secretary of State may, if he thinks fit, by warrant discharge the patient from hospital, either absolutely or subject to conditions; and where a person is absolutely discharged under this subsection, he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and the restriction order shall cease to have effect accordingly. \n3) The Secretary of State may at any time during the continuance in force of a restriction order in respect of a patient who has been conditionally discharged under subsection (2) above by warrant recall the patient to such hospital as may be specified in the warrant. \n4) Where a patient is recalled as mentioned in subsection (3) above— \n\ta) if the hospital specified in the warrant is not the hospital from which the patient was conditionally discharged, the hospital order and the restriction order shall have effect as if the hospital specified in the warrant were substituted for the hospital specified in the hospital order; \n\tb) in any case, the patient shall be treated for the purposes of section 18 above as if he had absented himself without leave from the hospital specified in the warrant  . . . . \n5) If a restriction order in respect of a patient ceases to have effect after the patient has been conditionally discharged under this section, the patient shall, unless previously recalled under subsection (3) above, be deemed to be absolutely discharged on the date when the order ceases to have effect, and shall cease to be liable to be detained by virtue of the relevant hospital order accordingly. \n6) The Secretary of State may, if satisfied that the attendance at any place in Great Britain of a patient who is subject to a restriction order is desirable in the interests of justice or for the purposes of any public inquiry, direct him to be taken to that place; and where a patient is directed under this subsection to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place and while being taken back to the hospital in which he is liable to be detained. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/42",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/42",
    "legislation_id": "ukpga/1983/20",
    "title": "Powers of Secretary of State in respect of patients subject to restriction orders.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 42,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.803357Z",
    "text": "Section 21B) **Patients who are taken into custody or return after more than 28 days.**\n\n1) This section applies where a patient who is absent without leave is taken into custody under section 18 above, or returns himself to the hospital or place where he ought to be, later than the end of the period of 28 days beginning with the first day of his absence without leave. \n2) It shall be the duty of the appropriate practitioner , within the period of one week beginning with the day on which the patient is returned or returns himself to the hospital or place where he ought to be (his  “return day”) \n\ta) to examine the patient; and \n\tb) if it appears to him that the relevant conditions are satisfied, to furnish to the appropriate body a report to that effect in the prescribed form; and where such a report is furnished in respect of the patient the appropriate body shall cause him to be informed. \n3) Where the patient is liable to be detained or is a community patient (as opposed to subject to guardianship), the appropriate practitioner shall, before furnishing a report under subsection (2) above, consult— \n\ta) one or more other persons who have been professionally concerned with the patient’s medical treatment; and \n\tb) an approved mental health professional . \n4) Where— \n\ta) the patient would (apart from any renewal of the authority for his detention or guardianship on or after his return day) be liable to be detained or subject to guardianship after the end of the period of one week beginning with that day; or \n\tb) in the case of a community patient, the community treatment order would (apart from any extension of the community treatment period on or after that day) be in force after the end of that period, he shall cease to be so liable or subject, or the community treatment period shall be deemed to expire, at the end of that period unless a report is duly furnished in respect of him under subsection (2) above. \n4A) If, in the case of a community patient, the community treatment order is revoked under section 17F above during the period of one week beginning with his return day— \n\ta) subsections (2) and (4) above shall not apply; and \n\tb) any report already furnished in respect of him under subsection (2) above shall be of no effect. \n5) Where the patient would (apart from section 21 above) have ceased to be liable to be detained or subject to guardianship on or before the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall renew the authority for his detention or guardianship for the period prescribed in that case by section 20(2) above. \n6) Where the authority for the detention or guardianship of the patient is renewed by virtue of subsection (5) above— \n\ta) the renewal shall take effect as from the day on which (apart from section 21 above and that subsection) the authority would have expired; and \n\tb) if (apart from this paragraph) the renewed authority would expire on or before the day on which the report is furnished, the report shall further renew the authority, as from the day on which it would expire, for the period prescribed in that case by section 20(2) above. \n6A) In the case of a community patient, where the community treatment order would (apart from section 21 above) have ceased to be in force on or before the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall extend the community treatment period for the period prescribed in that case by section 20A(3) above. \n6B) Where the community treatment period is extended by virtue of subsection (6A) above— \n\ta) the extension shall take effect as from the day on which (apart from section 21 above and that subsection) the order would have ceased to be in force; and \n\tb) if (apart from this paragraph) the period as so extended would expire on or before the day on which the report is furnished, the report shall further extend that period, as from the day on which it would expire, for the period prescribed in that case by section 20A(3) above. \n7) Where the authority for the detention or guardianship of the patient would expire within the period of two months beginning with the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall, if it so provides, have effect also as a report duly furnished under section 20(3) or (6) above; and the reference in this subsection to authority includes any authority renewed under subsection (5) above by the report. \n7A) In the case of a community patient, where the community treatment order would (taking account of any extension under subsection (6A) above) cease to be in force within the period of two months beginning with the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall, if it so provides, have effect also as a report duly furnished under section 20A(4) above. \n8)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) In this section— \n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “the appropriate body” means— in relation to a patient who is liable to be detained in a hospital, the managers of the hospital;in relation to a patient who is subject to guardianship, the responsible local social services authority;in relation to a community patient, the managers of the responsible hospital; and\n\t- “the relevant conditions” means— in relation to a patient who is liable to be detained in a hospital, the conditions set out in subsection (4) of section 20 above;in relation to a patient who is subject to guardianship, the conditions set out in subsection (7) of that section;in relation to a community patient, the conditions set out in section 20A(6) above.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/21B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/21B",
    "legislation_id": "ukpga/1983/20",
    "title": "Patients who are taken into custody or return after more than 28 days.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.401562Z",
    "text": "Section 132A) **Duty of managers of hospitals to give information to community patients**\n\n1) The managers of the responsible hospital shall take such steps as are practicable to ensure that a community patient understands— \n\ta) the effect of the provisions of this Act applying to community patients; and \n\tb) what rights of applying to a tribunal are available to him in that capacity; and those steps shall be taken as soon as practicable after the patient becomes a community patient. \n2) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing. \n3) The managers of the responsible hospital shall, except where the community patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/132A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/132A",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty of managers of hospitals to give information to community patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.396475Z",
    "text": "Section 131A) **Accommodation, \netc.\n for children**\n\n1) This section applies in respect of any patient who has not attained the age of 18 years and who— \n\ta) is liable to be detained in a hospital under this Act; or \n\tb) is admitted to, or remains in, a hospital in pursuance of such arrangements as are mentioned in section 131(1) above. \n2) The managers of the hospital shall ensure that the patient's environment in the hospital is suitable having regard to his age (subject to his needs). \n3) For the purpose of deciding how to fulfil the duty under subsection (2) above, the managers shall consult a person who appears to them to have knowledge or experience of cases involving patients who have not attained the age of 18 years which makes him suitable to be consulted. \n4) In this section,  “hospital” includes a registered establishment. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/131A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/131A",
    "legislation_id": "ukpga/1983/20",
    "title": "Accommodation, etc. for children",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.812536Z",
    "text": "Section 22) **Special provisions as to patients sentenced to imprisonment, etc.**\n\n1) If— \n\ta) a qualifying patient is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); and \n\tb) he is so detained for a period exceeding, or for successive periods exceeding in the aggregate, six months, the relevant application shall cease to have effect on expiry of that period. \n2) A patient is a qualifying patient for the purposes of this section if— \n\ta) he is liable to be detained by virtue of an application for admission for treatment; \n\tb) he is subject to guardianship by virtue of a guardianship application; or \n\tc) he is a community patient. \n3) “The relevant application”, in relation to a qualifying patient, means— \n\ta) in the case of a patient who is subject to guardianship, the guardianship application in respect of him; \n\tb) in any other case, the application for admission for treatment in respect of him. \n4) The remaining subsections of this section shall apply if a qualifying patient is detained in custody as mentioned in subsection (1)(a) above but for a period not exceeding, or for successive periods not exceeding in the aggregate, six months. \n5) If apart from this subsection— \n\ta) the patient would have ceased to be liable to be detained or subject to guardianship by virtue of the relevant application on or before the day on which he is discharged from custody; or \n\tb) in the case of a community patient, the community treatment order would have ceased to be in force on or before that day, he shall not cease and shall be deemed not to have ceased to be so liable or subject, or the order shall not cease and shall be deemed not to have ceased to be in force, until the end of that day. \n6) In any case (except as provided in subsection (8) below), sections 18, 21 and 21A above shall apply in relation to the patient as if he had absented himself without leave on that day. \n7) In its application by virtue of subsection (6) above section 18 above shall have effect as if— \n\ta) in subsection (4) for the words from  “later of” to the end there were substituted “\n                        end of the period of 28 days beginning with the first day of his absence without leave\n               ” ; and \n\tb) subsections (4A) and (4B) were omitted. \n8) In relation to a community patient who was not recalled to hospital under section 17E above at the time when his detention in custody began— \n\ta) section 18 above shall not apply; but \n\tb) sections 21 and 21A above shall apply as if he had absented himself without leave on the day on which he is discharged from custody and had returned himself as provided in those sections on the last day of the period of 28 days beginning with that day. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/22",
    "legislation_id": "ukpga/1983/20",
    "title": "Special provisions as to patients sentenced to imprisonment, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.099810Z",
    "text": "Section 74) **Restricted patients subject to restriction directions.**\n\n1) Where an application to the appropriate tribunal is made by a restricted patient who is subject to a limitation direction or a restriction direction, or where the case of such a patient is referred to the appropriate tribunal , the tribunal— \n\ta) shall notify the Secretary of State whether, in its opinion, the patient would, if subject to a restriction order, be entitled to be absolutely or conditionally discharged under section 73 above; and \n\tb) if the tribunal notifies him that the patient would be entitled to be conditionally discharged, may recommend that in the event of his not being discharged under this section he should continue to be detained in hospital. \n2) If in the case of a patient not falling within subsection (4) below— \n\ta) the tribunal notifies the Secretary of State that the patient would be entitled to be absolutely or conditionally discharged; and \n\tb) within the period of 90 days beginning with the date of that notification the Secretary of State gives notice to the tribunal that the patient may be so discharged, the tribunal shall direct the absolute or, as the case may be, the conditional discharge of the patient. \n3) Where a patient continues to be liable to be detained in a hospital at the end of the period referred to in subsection (2)(b) above because the Secretary of State has not given the notice there mentioned, the managers of the hospital shall, unless the tribunal has made a recommendation under subsection (1)(b) above, transfer the patient to a prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed. \n4) If, in the case of a patient who is subject to a transfer direction under section 48 above, the tribunal notifies the Secretary of State that the patient would be entitled to be absolutely or conditionally discharged, the Secretary of State shall, unless the tribunal has made a recommendation under subsection (1)(b) above, by warrant direct that the patient be remitted to a prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed. \n5) Where a patient is transferred or remitted under subsection (3) or (4) above the relevant hospital direction and the limitation direction or, as the casemay be, the relevant transfer direction and the restriction direction shall cease to have effect on his arrival in the prison or other institution. \n5A) Where the tribunal has made a recommendation under subsection (1)(b) above in the case of a patient who is subject to a restriction direction or a limitation direction— \n\ta) the fact that the restriction direction or limitation direction remains in force does not prevent the making of any application or reference to the Parole Board by or in respect of him or the exercise by him of any power to require the Secretary of State to refer his case to the Parole Board, and \n\tb) if the Parole Board make a direction or recommendation by virtue of which the patient would become entitled to be released (whether unconditionally or on licence) from any prison or other institution in which he might have been detained if he had not been removed to hospital, the restriction direction or limitation direction shall cease to have effect at the time when he would become entitled to be so released. \n6) Subsections (3) to (8) of section 73 above shall have effect in relation to this section as they have effect in relation to that section, taking references to the relevant hospital order and the restriction order as references to the hospital direction and the limitation direction or, as the case may be, to the transfer direction and the restriction direction. \n7) This section is without prejudice to sections 50 to 53 above in their application to patients who are not discharged under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/74",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/74",
    "legislation_id": "ukpga/1983/20",
    "title": "Restricted patients subject to restriction directions.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 74,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.456499Z",
    "text": "Section 143) **General provisions as to regulations, orders and rules.**\n\n1) Any power of the Secretary of State or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument. \n2) Any Order in Council under this Act or any order made by the Secretary of State under section 54A or 68A(7) or 65 above and any statutory instrument containing regulations made by the Secretary of State, or rules made, under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. \n3) No order shall be made by the Secretary of State under section 45A(10), 68A(1) or 71(3) above unless a draft of it has been approved by a resolution of each House of Parliament. \n3A) Subsections (3B) to (3DB) apply where power to make regulations or an order under this Act is conferred on the Welsh Ministers (other than by or by virtue of the Government of Wales Act 2006). \n3B) Any power of the Welsh Ministers to make regulations or an order shall be exercisable by statutory instrument. \n3C) Any statutory instrument containing regulations, or an order under section 68A(7) above, made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales. \n3D) No order shall be made under section 68A(1) above by the Welsh Ministers unless a draft of it has been approved by a resolution of the National Assembly for Wales. \n3DA) Subsection (3C) does not apply to regulations to which subsection (3DB) applies. \n3DB) A statutory instrument which contains (alone or with other provisions) the first regulations to be made under any of the following provisions– \n\ta) section 130E(2), \n\tb) section 130E(4)(b), \n\tc) section 130E(5)(b), \n\td) section 130F(2)(d), \n\te) section 130G(2)(c), or \n\tf) section 130H(1)(b)(ii), must not be made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the National Assembly for Wales. \n3E) In this section— \n\ta) references to the Secretary of State include the Secretary of State and the Welsh Ministers acting jointly; and \n\tb) references to the Welsh Ministers include the Welsh Ministers and the Secretary of State acting jointly. \n4) This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/143",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/143",
    "legislation_id": "ukpga/1983/20",
    "title": "General provisions as to regulations, orders and rules.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 143,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.927328Z",
    "text": "Section 43) **Power of magistrates’ courts to commit for restriction order.**\n\n1) If in the case of a person of or over the age of 14 years who is convicted by a magistrates’ court of an offence punishable on summary conviction with imprisonment— \n\ta) the conditions which under section 37(1) above are required to be satisfied for the making of a hospital order are satisfied in respect of the offender; but \n\tb) it appears to the court, having regard to the nature of the offence, the antecedents of the offender and the risk of his committing further offences if set at large, that if a hospital order is made a restriction order should also be made, the court may, instead of making a hospital order or dealing with him in any other manner, commit him in custody to the Crown Court to be dealt with in respect of the offence. \n2) Where an offender is committed to the Crown Court under this section, the Crown Court shall inquire into the circumstances of the case and may— \n\ta) if that court would have power so to do under the foregoing provisions of this Part of this Act upon the conviction of the offender before that court of such an offence as is described in section 37(1) above, make a hospital order in his case, with or without a restriction order; \n\tb) if the court does not make such an order, deal with the offender in any other manner in which the magistrates’ court might have dealt with him. \n3) The Crown Court shall have the same power to make orders under sections 35, 36 and 38 above in the case of a person committed to the court under this section as the Crown Court has under those sections in the case of an accused person within the meaning of section 35 or 36 above or of a person convicted before that court as mentioned in section 38 above. \n4) The powers of a magistrates' court under section 14 , 16 or 16A of the Sentencing Code (which enable such a court to commit an offender to the Crown Court where the court is of the opinion, or it appears to the court, as mentioned in the section in question) shall also be exercisable by a magistrates' court where it is of that opinion (or it so appears to it) unless a hospital order is made in the offender’s case with a restriction order. \n5) The power of the Crown Court to make a hospital order, with or without a restriction order, in the case of a person convicted before that court of an offence may, in the same circumstances and subject to the same conditions, be exercised by such a court in the case of a person committed to the court under section 5 of the  Vagrancy Act 1824 (which provides for the committal to the Crown Court of persons who are incorrigible rogues within the meaning of that section). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/43",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/43",
    "legislation_id": "ukpga/1983/20",
    "title": "Power of magistrates’ courts to commit for restriction order.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 43,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.931580Z",
    "text": "Section 44) **Committal to hospital under s. 43.**\n\n1) Where an offender is committed under section 43(1) above and the magistrates’ court by which he is committed is satisfied on written or oral evidence that arrangements have been made for the admission of the offender to a hospital in the event of an order being made under this section, the court may, instead of committing him in custody, by order direct him to be admitted to that hospital, specifying it, and to be detained there until the case is disposed of by the Crown Court, and may give such directions as it thinks fit for this production from the hospital to attend the Crown Court by which his case is to be dealt with. \n2) The evidence required by subsection (1) above shall be given by the approved clinician who would have overall responsibility for the offender's case or by some other person representing the managers of the hospital in question. \n3) The power to give directions under section 37(4) above, section 37(5) above and section 40(1) above shall apply in relation to an order under this section as they apply in relation to a hospital order, but as if references to the period of 28 days mentioned in section 40(1) above were omitted; and subject as aforesaid an order under this section shall, until the offender’s case is disposed of by the Crown Court, have the same effect as a hospital order together with a restriction order  . . .  . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/44",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/44",
    "legislation_id": "ukpga/1983/20",
    "title": "Committal to hospital under s. 43.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 44,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.083080Z",
    "text": "Section 71) **References by Secretary of State concerning restricted patients.**\n\n1) The Secretary of State may at any time refer the case of a restricted patient to the appropriate tribunal . \n2) The Secretary of State shall refer to the appropriate tribunal the case of any restricted patient detained in a hospital whose case has not been considered by such a tribunal, whether on his own application or otherwise, within the last three years. \n3) The Secretary of State may by order vary the length of the period mentioned in subsection (2) above. \n3A) An order under subsection (3) above may include such transitional, consequential, incidental or supplemental provision as the Secretary of State thinks fit. \n4) Any reference under subsection (1) above in respect of a patient who has been conditionally discharged and not recalled to hospital shall be made to the tribunal for the area in which the patient resides. \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/71",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/71",
    "legislation_id": "ukpga/1983/20",
    "title": "References by Secretary of State concerning restricted patients.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 71,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.730156Z",
    "text": "Section 15) **Rectification of applications and recommendations.**\n\n1) If within the period of 14 days beginning with the day on which a patient has been admitted to a hospital in pursuance of an application for admission for assessment or for treatment the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of the managers of the hospital, be amended by the person by whom it was signed; and upon such amendment being made the application or recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended. \n2) Without prejudice to subsection (1) above, if within the period mentioned in that subsection it appears to the managers of the hospital that one of the two medical recommendations on which an application for the admission of a patient is founded is insufficient to warrant the detention of the patient in pursuance of the application, they may, within that period, give notice in writing to that effect to the applicant; and where any such notice is given in respect of a medical recommendation, that recommendation shall be disregarded, but the application shall be, and shall be deemed always to have been, sufficient if— \n\ta) a fresh medical recommendation complying with the relevant provisions of this Part of this Act (other than the provisions relating to the time of signature and the interval between examinations) is furnished to the managers within that period; and \n\tb) that recommendation, and the other recommendation on which the application is founded, together comply with those provisions. \n3) Where the medical recommendations upon which an application for admission is founded are, taken together, insufficient to warrant the detention of the patient in pursuance of the application, a notice under subsection (2) above may be given in respect of either of those recommendations  . . . \n4) Nothing in this section shall be construed as authorising the giving of notice in respect of an application made as an emergency application, or the detention of a patient admitted in pursuance of such an application, after the period of 72 hours referred to in section 4(4) above, unless the conditions set out in paragraphs (a) and (b) of that section are complied with or would be complied with apart from any error or defect to which this section applies. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/15",
    "legislation_id": "ukpga/1983/20",
    "title": "Rectification of applications and recommendations.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.008925Z",
    "text": "Section 62) **Urgent treatment.**\n\n1) Sections 57 and 58 above shall not apply to any treatment— \n\ta) which is immediately necessary to save the patient’s life; \n\tb) which (not being irreversible) is immediately necessary to prevent a serious deterioration of his condition; or \n\tc) which (not being irreversible or hazardous) is immediately necessary to alleviate serious suffering by the patient; or \n\td) which (not being irreversible or hazardous) is immediately necessary and represents the minimum interference necessary to prevent the patient from behaving violently or being a danger to himself or to others. \n1A) Section 58A above, in so far as it relates to electro-convulsive therapy by virtue of subsection (1)(a) of that section, shall not apply to any treatment which falls within paragraph (a) or (b) of subsection (1) above. \n1B) Section 58A above, in so far as it relates to a form of treatment specified by virtue of subsection (1)(b) of that section, shall not apply to any treatment which falls within such of paragraphs (a) to (d) of subsection (1) above as may be specified in regulations under that section. \n1C) For the purposes of subsection (1B) above, the regulations— \n\ta) may make different provision for different cases (and may, in particular, make different provision for different forms of treatment); \n\tb) may make provision which applies subject to specified exceptions; and \n\tc) may include transitional, consequential, incidental or supplemental provision. \n2) Sections 60 and 61(3) above shall not preclude the continuation of any treatment or of treatment under any plan pending compliance with section 57 , 58 or 58A above if the approved clinician in charge of the treatment considers that the discontinuance of the treatment or of treatment under the plan would cause serious suffering to the patient. \n3) For the purposes of this section treatment is irreversible if it has unfavourable irreversible physical or psychological consequences and hazardous if it entails significant physical hazard. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/62",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/62",
    "legislation_id": "ukpga/1983/20",
    "title": "Urgent treatment.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 62,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.978234Z",
    "text": "Section 54A) **Reduction of period for making hospital orders.**\n\n1) The Secretary of State may by order reduce the length of the periods mentioned in sections 37(4) and (5) and 38(4) above. \n2) An order under subsection (1) above may make such consequential amendments of sections 40(1) and 44(3) above as appear to the Secretary of State to be necessary or expedient. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/54A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/54A",
    "legislation_id": "ukpga/1983/20",
    "title": "Reduction of period for making hospital orders.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.257285Z",
    "text": "Section 107) **Security and accounts.**\n\n1) Rules under this Part of this Act may make provision as to the giving of security by a receiver and as to the enforcement and discharge of the security. \n2) It shall be the duty of a receiver to render accounts in accordance with the requirements of rules under this Part of this Act, as well after his discharge as during his receivership; and rules under this Part of this Act may make provision for the rendering of accounts by persons other than receivers who are ordered, directed or authorised under this Part of this Act to carry out any transaction. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/107",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/107",
    "legislation_id": "ukpga/1983/20",
    "title": "Security and accounts.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 107,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.801152Z",
    "text": "Section 21A) **Patients who are taken into custody or return within 28 days.**\n\n1) This section applies where a patient who is absent without leave is taken into custody under section 18 above, or returns himself to the hospital or place where he ought to be, not later than the end of the period of 28 days beginning with the first day of his absence without leave. \n2) Where the period for which the patient is liable to be detained or subject to guardianship is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20(3) or (6) above may be made and furnished within the period as so extended. \n3) Where the authority for the detention or guardianship of the patient is renewed by virtue of subsection (2) above after the day on which (apart from section 21 above) that authority would have expired, the renewal shall take effect as from that day. \n4) In the case of a community patient, where the period for which the community treatment order is in force is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20A(4) above may be made and furnished within the period as so extended. \n5) Where the community treatment period is extended by virtue of subsection (4) above after the day on which (apart from section 21 above) the order would have ceased to be in force, the extension shall take effect as from that day. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/21A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/21A",
    "legislation_id": "ukpga/1983/20",
    "title": "Patients who are taken into custody or return within 28 days.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.943156Z",
    "text": "Section 45B) **Effect of hospital and limitation directions.**\n\n1) A hospital direction and a limitation direction shall be sufficient authority— \n\ta) for a constable or any other person directed to do so by the court to convey the patient to the hospital specified in the hospital direction within a period of 28 days; and \n\tb) for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act. \n2) With respect to any person— \n\ta) a hospital direction shall have effect as a transfer direction; and \n\tb) a limitation direction shall have effect as a restriction direction. \n3) While a person is subject to a hospital direction and a limitation direction the responsible clinician shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/45B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/45B",
    "legislation_id": "ukpga/1983/20",
    "title": "Effect of hospital and limitation directions.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.437186Z",
    "text": "Section 136B) **Extension of detention**\n\n1) The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136 may, at any time before the expiry of the period of 24 hours mentioned in section 135(3ZA) or (as the case may be) 136(2A), authorise the detention of the person for a further period not exceeding 12 hours (beginning immediately at the end of the period of 24 hours). \n2) An authorisation under subsection (1) may be given only if the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end). \n3) If the person is detained at a police station, and the assessment would be carried out or completed at the station, the registered medical practitioner may give an authorisation under subsection (1) only if an officer of the rank of superintendent or above approves it. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/136B",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/136B",
    "legislation_id": "ukpga/1983/20",
    "title": "Extension of detention",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.716106Z",
    "text": "Section 12ZC) **Provision of information for the purposes of section 12ZA or 12ZB**\n\n1) A relevant person may provide another person with such information as the relevant person considers necessary or appropriate for or in connection with— \n\ta) the exercise of an approval function; or \n\tb) the exercise by the Secretary of State of the power— \n\t\ti) to enter into an agreement under section 12ZA; \n\t\tii) to impose a requirement under section 12ZB; or \n\t\tiii) to give an instruction under section 12ZA(5) or 12ZB(4). \n2) The relevant persons are— \n\ta) the Secretary of State; \n\tb) a person who is a party to an agreement under section 12ZA; or \n\tc) if the Secretary of State imposes a requirement under section 12ZB on NHS England or a Special Health Authority, NHS England or (as the case may be) Special Health Authority. \n3) This section, in so far as it authorises the provision of information by one relevant person to another relevant person, has effect notwithstanding any rule of common law which would otherwise prohibit or restrict the provision. \n4) In this section,  “information” includes documents and records. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/12ZC",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/12ZC",
    "legislation_id": "ukpga/1983/20",
    "title": "Provision of information for the purposes of section 12ZA or 12ZB",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.460422Z",
    "text": "Section 144) **Power to amend local Acts.**\nHer Majesty may by Order in Council repeal or amend any local enactment so far as appears to Her Majesty to be necessary in consequence of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/144",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/144",
    "legislation_id": "ukpga/1983/20",
    "title": "Power to amend local Acts.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 144,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.778643Z",
    "text": "Section 19A) **Regulations as to assignment of responsibility for community patients**\n\n1) Responsibility for a community patient may be assigned to another hospital in such circumstances and subject to such conditions as may be prescribed by regulations made by the Secretary of State (if the responsible hospital is in England) or the Welsh Ministers (if that hospital is in Wales). \n2) If responsibility for a community patient is assigned to another hospital— \n\ta) the application for admission for treatment in respect of the patient shall have effect (subject to section 17D above) as if it had always specified that other hospital; \n\tb) the patient shall be treated as if he had been admitted to that other hospital at the time when he was originally admitted in pursuance of the application (and as if he had subsequently been discharged under section 17A above from there); and \n\tc) that other hospital shall become  “the responsible hospital” in relation to the patient for the purposes of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/19A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/19A",
    "legislation_id": "ukpga/1983/20",
    "title": "Regulations as to assignment of responsibility for community patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.073200Z",
    "text": "Section 68A) **Power to reduce periods under section 68**\n\n1) The appropriate national authority may from time to time by order amend subsection (2) or (6) of section 68 above so as to substitute for a period mentioned there such shorter period as is specified in the order. \n2) The order may include such transitional, consequential, incidental or supplemental provision as the appropriate national authority thinks fit. \n3) The order may, in particular, make provision for a case where— \n\ta) a patient in respect of whom subsection (1) of section 68 above applies is, or is about to be, transferred from England to Wales or from Wales to England; and \n\tb) the period by reference to which subsection (2) or (6) of that section operates for the purposes of the patient's case is not the same in one territory as it is in the other. \n4) A patient is transferred from one territory to the other if— \n\ta) he is transferred from a hospital, or from guardianship, in one territory to a hospital in the other in pursuance of regulations made under section 19 above; \n\tb) he is removed under subsection (3) of that section from a hospital or accommodation in one territory to a hospital or accommodation in the other; \n\tc) he is a community patient responsibility for whom is assigned from a hospital in one territory to a hospital in the other in pursuance of regulations made under section 19A above; or \n\td) on the revocation of a community treatment order in respect of him under section 17F above he is detained in a hospital in the territory other than the one in which the responsible hospital was situated; ... \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) Provision made by virtue of subsection (3) above may require or authorise the managers of a hospital determined in accordance with the order to refer the patient's case to the appropriate tribunal . \n6) In so far as making provision by virtue of subsection (3) above, the order— \n\ta) may make different provision for different cases; \n\tb) may make provision which applies subject to specified exceptions. \n7) Where the appropriate national authority for one territory makes an order under subsection (1) above, the appropriate national authority for the other territory may by order make such provision in consequence of the order as it thinks fit. \n8) An order made under subsection (7) above may, in particular, make provision for a case within subsection (3) above (and subsections (4) to (6) above shall apply accordingly). \n9) In this section,  “the appropriate national authority” means— \n\ta) in relation to a hospital in England, the Secretary of State; \n\tb) in relation to a hospital in Wales, the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/68A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/68A",
    "legislation_id": "ukpga/1983/20",
    "title": "Power to reduce periods under section 68",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.108653Z",
    "text": "Section 75) **Applications and references concerning conditionally discharged restricted patients.**\n\n1) Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above and is subsequently recalled to hospital— \n\ta) the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to the appropriate tribunal ; and \n\tb) section 70 above shall apply to the patient as if the relevant hospital order , hospital direction or transfer direction had been made on that day. \n2) Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to the appropriate tribunal — \n\ta) in the period between the expiration of 12 months and the expiration of two years beginning with the date on which he was conditionally discharged; and \n\tb) in any subsequent period of two years. \n3) Sections 73 and 74 above shall not apply to an application under subsection (2) above but on any such application the tribunal may— \n\ta) vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or \n\tb) direct that the restriction order , limitation direction or restriction direction to which he is subject shall cease to have effect; and if the tribunal gives a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order , hospital direction or transfer direction. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/75",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/75",
    "legislation_id": "ukpga/1983/20",
    "title": "Applications and references concerning conditionally discharged restricted patients.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 75,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.078371Z",
    "text": "Section 69) **Applications to tribunals concerning patients subject to hospital and guardianship orders.**\n\n1) Without prejudice to any provision of section 66(1) above as applied by section 40(4) above, an application to the appropriate tribunal may also be made— \n\ta) in respect of a patient liable to be detained in pursuance of a hospital order or a community patient who was so liable immediately before he became a community patient, by the nearest relative of the patient in any period in which an application may be made by the patient under any such provision as so applied; \n\tb) in respect of a patient placed under guardianship by a guardianship order— \n\t\ti) by the patient, within the period of six months beginning with the date of the order; \n\t\tii) by the nearest relative of the patient, within the period of 12 months beginning with the date of the order and in any subsequent period of 12 months. \n2) Where a person detained in a hospital— \n\ta) is treated as subject to a hospital order , hospital direction or transfer direction by virtue of section 41(5) above or section 80B(2), 82(2) or 85(2) below. ; or \n\tb) is subject to a direction having the same effect as a hospital order by virtue of section  . . .  47(3) or 48(3) above, then, without prejudice to any provision of Part II of this Act as applied by section 40 above, that person may make an application to the appropriate tribunal in the period of six months beginning with the date of the order or direction mentioned in paragraph (a) above or, as the case may be, the date of the direction mentioned in paragraph (b) above. \n3) The provisions of section 66 above as applied by section 40(4) above are subject to subsection (4) below. \n4) If the initial detention period has not elapsed when the relevant application period begins, the right of a hospital order patient to make an application by virtue of paragraph (ca) or (cb) of section 66(1) above shall be exercisable only during whatever remains of the relevant application period after the initial detention period has elapsed. \n5) In subsection (4) above— \n\ta) “hospital order patient” means a patient who is subject to a hospital order, excluding a patient of a kind mentioned in paragraph (a) or (b) of subsection (2) above; \n\tb) “the initial detention period”, in relation to a hospital order patient, means the period of six months beginning with the date of the hospital order; and \n\tc) “the relevant application period” means the relevant period mentioned in paragraph (ca) or (cb), as the case may be, of section 66(2) above. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/69",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/69",
    "legislation_id": "ukpga/1983/20",
    "title": "Applications to tribunals concerning patients subject to hospital and guardianship orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 69,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.439524Z",
    "text": "Section 136C) **Protective searches**\n\n1) Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person— \n\ta) may present a danger to himself or herself or to others, and \n\tb) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others. \n2) The power to search conferred by subsection (1) may be exercised— \n\ta) in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135; \n\tb) in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant. \n3) Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person— \n\ta) may present a danger to himself or herself or to others, and \n\tb) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others. \n4) The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing. \n5) The power to search conferred by subsection (1) or (3)— \n\ta) does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but \n\tb) does authorise a search of a person’s mouth. \n6) A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others. \n7) The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/136C",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/136C",
    "legislation_id": "ukpga/1983/20",
    "title": "Protective searches",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.796714Z",
    "text": "Section 21) **Special provisions as to patients absent without leave.**\n\n1) Where a patient is absent without leave— \n\ta) on the day on which (apart from this section) he would cease to be liable to be detained or subject to guardianship under this Part of this Act or, in the case of a community patient, the community treatment order would cease to be in force ; or \n\tb) within the period of one week ending with that day, he shall not cease to be so liable or subject , or the order shall not cease to be in force, until the relevant time. \n2) For the purposes of subsection (1) above the relevant time— \n\ta) where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be; \n\tb) where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and \n\tc) otherwise, is the end of the period during which he can be taken into custody under section 18 above. \n3) Where a patient is absent without leave on the day on which (apart from this section) the managers would be required under section 68 below to refer the patient's case to the appropriate tribunal , that requirement shall not apply unless and until— \n\ta) the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or \n\tb) the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above. \n4) Where a community patient is absent without leave on the day on which (apart from this section) the 72-hour period mentioned in section 17F above would expire, that period shall not expire until the end of the period of 72 hours beginning with the time when— \n\ta) the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or \n\tb) the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above. \n5) Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/21",
    "legislation_id": "ukpga/1983/20",
    "title": "Special provisions as to patients absent without leave.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.065348Z",
    "text": "Section 68) **Duty of managers of hospitals to refer cases to tribunal.**\n\n1) This section applies in respect of the following patients— \n\ta) a patient who is admitted to a hospital in pursuance of an application for admission for assessment; \n\tb) a patient who is admitted to a hospital in pursuance of an application for admission for treatment; \n\tc) a community patient; \n\td) a patient whose community treatment order is revoked under section 17F above; \n\te) a patient who is transferred from guardianship to a hospital in pursuance of regulations made under section 19 above. \n2) On expiry of the period of six months beginning with the applicable day, the managers of the hospital shall refer the patient's case to the appropriate tribunal . \n3) But they shall not do so if during that period— \n\ta) any right has been exercised by or in respect of the patient by virtue of any of paragraphs (b), (ca), (cb), (e), (g) and (h) of section 66(1) above; \n\tb) a reference has been made in respect of the patient under section 67(1) above, not being a reference made while the patient is or was liable to be detained in pursuance of an application for admission for assessment; or \n\tc) a reference has been made in respect of the patient under subsection (7) below. \n4) A person who applies to a tribunal but subsequently withdraws his application shall be treated for these purposes as not having exercised his right to apply, and if he withdraws his application on a date after expiry of the period mentioned in subsection (2) above, the managers shall refer the patient's case as soon as possible after that date. \n5) In subsection (2) above,  “the applicable day” means— \n\ta) in the case of a patient who is admitted to a hospital in pursuance of an application for admission for assessment, the day on which the patient was so admitted; \n\tb) in the case of a patient who is admitted to a hospital in pursuance of an application for admission for treatment— \n\t\ti) the day on which the patient was so admitted; or \n\t\tii) if, when he was so admitted, he was already liable to be detained in pursuance of an application for admission for assessment, the day on which he was originally admitted in pursuance of the application for admission for assessment; \n\tc) in the case of a community patient or a patient whose community treatment order is revoked under section 17F above, the day mentioned in sub-paragraph (i) or (ii), as the case may be, of paragraph (b) above; \n\td) in the case of a patient who is transferred from guardianship to a hospital, the day on which he was so transferred. \n6) The managers of the hospital shall also refer the patient's case to the appropriate tribunal if a period of more than three years (or, if the patient has not attained the age of 18 years, one year) has elapsed since his case was last considered by such a tribunal, whether on his own application or otherwise. \n7) If, in the case of a community patient, the community treatment order is revoked under section 17F above, the managers of the hospital shall also refer the patient's case to the appropriate tribunal as soon as possible after the order is revoked. \n8) For the purposes of furnishing information for the purposes of a reference under this section, a registered medical practitioner or approved clinician authorised by or on behalf of the patient may at any reasonable time— \n\ta) visit and examine the patient in private; and \n\tb) require the production of and inspect any records relating to the detention or treatment of the patient in any hospital or any after-care services provided for him under section 117 below. \n9) Reference in this section to the managers of the hospital— \n\ta) in relation to a community patient, is to the managers of the responsible hospital; \n\tb) in relation to any other patient, is to the managers of the hospital in which he is liable to be detained. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/68",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/68",
    "legislation_id": "ukpga/1983/20",
    "title": "Duty of managers of hospitals to refer cases to tribunal.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 68,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.006426Z",
    "text": "Section 61) **Review of treatment.**\n\n1) Where a patient is given treatment in accordance with section 57(2) , 58(3)(b) or 58A(4) or (5) above , or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section) that falls within section 64C(4) below , a report on the treatment and the patient’s condition shall be given by the approved clinician in charge of the treatment to the regulatory authority — \n\ta) on the next occasion on which the responsible clinician furnishes a report under section 20(3) , 20A(4) or 21B(2) above in respect of the patient ; and \n\tb) at any other time if so required by the regulatory authority . \n2) In relation to a patient who is subject to a restriction order , limitation direction or restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made— \n\ta) in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period; \n\tb) in the case of treatment at any subsequent time, on the next occasion on which the responsible clinician makes a report in respect of the patient under section 41(6) , 45B(3) or 49(3) above. \n3) The regulatory authority may at any time give notice  . . .   directing that, subject to section 62 below, a certificate given in respect of a patient under subsection 57(2) , 58(3)(b) or 58A(4) or (5) above shall not apply to treatment given to him (whether in England or Wales) after a date specified in the notice and sections 57 , 58 and 58A above shall then apply to any such treatment as if that certificate has not been given. \n3A) The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/61",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/61",
    "legislation_id": "ukpga/1983/20",
    "title": "Review of treatment.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 61,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:20.830201Z",
    "text": "Section 25I) **Special provisions as to patients sentenced to imprisonment etc.**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/25I",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/25I",
    "legislation_id": "ukpga/1983/20",
    "title": "Special provisions as to patients sentenced to imprisonment etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.043895Z",
    "text": "Section 64H) **Certificates: supplementary provisions**\n\n1) A certificate under section 64B(2)(b) or 64E(2)(b) above (a  “Part 4A certificate”) may relate to a plan of treatment under which the patient is to be given (whether within a specified period or otherwise) one or more forms of section 58 type treatment or section 58A type treatment. \n2) A Part 4A certificate shall be in such form as may be prescribed by regulations made by the appropriate national authority ; and the regulations may make different provision for the different descriptions of Part 4A certificate . \n3) Before giving a Part 4A certificate that falls within section 64C(4) above , the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient's medical treatment but, of those persons— \n\ta) at least one shall be a person who is not a registered medical practitioner; and \n\tb) neither shall be the patient's responsible clinician or the person in charge of the treatment in question. \n4) Where a patient is given treatment in accordance with a Part 4A certificate that falls within section 64C(4) above , a report on the treatment and the patient's condition shall be given by the person in charge of the treatment to the appropriate national authority if required by that authority. \n5) The appropriate national authority may at any time give notice directing that a Part 4A certificate that falls within section 64C(4) above shall not apply to treatment given to a patient after a date specified in the notice, and the relevant section shall then apply to any such treatment as if that certificate had not been given. \n6) The relevant section is— \n\ta) if the patient is not recalled to hospital in accordance with section 17E above, section 64B or 64E above; \n\tb) if the patient is so recalled or is liable to be detained under this Act following revocation of the community treatment order under section 17F above— \n\t\ti) section 58 above, in the case of section 58 type treatment; \n\t\tii) section 58A above, in the case of section 58A type treatment; (subject to section 62A(2) above). \n7) The notice under subsection (5) above shall be given to the person in charge of the treatment in question. \n8) Subsection (5) above shall not preclude the continuation of any treatment or of treatment under any plan pending compliance with the relevant section if the person in charge of the treatment considers that the discontinuance of the treatment or of treatment under the plan would cause serious suffering to the patient. \n9) In this section,  “the appropriate national authority” means— \n\ta) in relation to community patients in respect of whom the responsible hospital is in England, the Secretary of State; \n\tb) in relation to community patients in respect of whom the responsible hospital is in Wales, the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/64H",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/64H",
    "legislation_id": "ukpga/1983/20",
    "title": "Certificates: supplementary provisions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.474001Z",
    "text": "Section 146) **Application to Scotland.**\nSections 42(6), 80,  ...  ... 116,  ...  ...   137, 139(1),  ... 142, 143 (so far as applicable to any Order in Council extending to Scotland) and 144 above shall extend to Scotland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but, except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Scotland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/146",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/146",
    "legislation_id": "ukpga/1983/20",
    "title": "Application to Scotland.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 146,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.082792Z",
    "text": "Section 70) **Applications to tribunals concerning restricted patients.**\nA patient who is a restricted patient within the meaning of section 79 below and is detained in a hospital may apply to the appropriate tribunal — \n\ta) in the period between the expiration of six months and the expiration of 12 months beginning with the date of the relevant hospital order , hospital direction or transfer direction; and \n\tb) in any subsequent period of 12 months. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/70",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/70",
    "legislation_id": "ukpga/1983/20",
    "title": "Applications to tribunals concerning restricted patients.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 70,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.039472Z",
    "text": "Section 64G) **Emergency treatment for patients lacking capacity or competence**\n\n1) A person is also authorised to give relevant treatment to a patient as mentioned in section 64C(2)(c) or 64E(6)(b) above if the conditions in subsections (2) to (4) below are met. \n2) The first condition is that, when giving the treatment, the person reasonably believes that the patient lacks capacity to consent to it or, as the case may be, is not competent to consent to it. \n3) The second condition is that the treatment is immediately necessary. \n4) The third condition is that if it is necessary to use force against the patient in order to give the treatment— \n\ta) the treatment needs to be given in order to prevent harm to the patient; and \n\tb) the use of such force is a proportionate response to the likelihood of the patient's suffering harm, and to the seriousness of that harm. \n5) Subject to subsections (6) to (8) below, treatment is immediately necessary if— \n\ta) it is immediately necessary to save the patient's life; or \n\tb) it is immediately necessary to prevent a serious deterioration of the patient's condition and is not irreversible; or \n\tc) it is immediately necessary to alleviate serious suffering by the patient and is not irreversible or hazardous; or \n\td) it is immediately necessary, represents the minimum interference necessary to prevent the patient from behaving violently or being a danger to himself or others and is not irreversible or hazardous. \n6) Where the treatment is section 58A type treatment by virtue of subsection (1)(a) of that section, treatment is immediately necessary if it falls within paragraph (a) or (b) of subsection (5) above. \n7) Where the treatment is section 58A type treatment by virtue of subsection (1)(b) of that section, treatment is immediately necessary if it falls within such of paragraphs (a) to (d) of subsection (5) above as may be specified in regulations under section 58A above. \n8) For the purposes of subsection (7) above, the regulations— \n\ta) may make different provision for different cases (and may, in particular, make different provision for different forms of treatment); \n\tb) may make provision which applies subject to specified exceptions; and \n\tc) may include transitional, consequential, incidental or supplemental provision. \n9) Subsection (3) of section 62 above applies for the purposes of this section as it applies for the purposes of that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/64G",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/64G",
    "legislation_id": "ukpga/1983/20",
    "title": "Emergency treatment for patients lacking capacity or competence",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.012867Z",
    "text": "Section 62A) **Treatment on recall of community patient or revocation of order**\n\n1) This section applies where— \n\ta) a community patient is recalled to hospital under section 17E above; or \n\tb) a patient is liable to be detained under this Act following the revocation of a community treatment order under section 17F above in respect of him. \n2) For the purposes of section 58(1)(b) above, the patient is to be treated as if he had remained liable to be detained since the making of the community treatment order. \n3) But section 58 above does not apply to treatment given to the patient if— \n\ta) the certificate requirement is met for the purposes of section 64C or 64E below; or \n\tb) as a result of section 64B(4) or 64E(4) below, the certificate requirement would not apply (were the patient a community patient not recalled to hospital under section 17E above). \n4) Section 58A above does not apply to treatment given to the patient if there is authority to give the treatment, and the certificate requirement is met, for the purposes of section 64C or 64E below. \n5) In a case where this section applies and the Part 4A certificate falls within section 64C(4) below , the certificate requirement is met only in so far as— \n\ta) the Part 4A certificate expressly provides that it is appropriate for one or more specified forms of treatment to be given to the patient in that case (subject to such conditions as may be specified); or \n\tb) a notice having been given under subsection (5) of section 64H below, treatment is authorised by virtue of subsection (8) of that section. \n6) Subsection (5)(a) above shall not preclude the continuation of any treatment, or of treatment under any plan, pending compliance with section 58 or 58A above or 64B or 64E below if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of the treatment under the plan, would cause serious suffering to the patient. \n6A) In a case where this section applies and the certificate requirement is no longer met for the purposes of section 64C(4A) below, the continuation of any treatment, or of treatment under any plan, pending compliance with section 58 or 58A above or 64B or 64E below shall not be precluded if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient. \n7) In a case where subsection (1)(b) above applies, subsection (3) above only applies pending compliance with section 58 above. \n8) In subsection (5) above— \n\t- “Part 4A certificate” has the meaning given in section 64H below; and\n\t- “specified”, in relation to a Part 4A certificate, means specified in the certificate.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/62A",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/62A",
    "legislation_id": "ukpga/1983/20",
    "title": "Treatment on recall of community patient or revocation of order",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-10-17T20:10:21.231228Z",
    "text": "Section 100) **Vesting of stock in curator appointed outside England and Wales.**\n\n1) Where the judge is satisfied— \n\ta) that under the law prevailing in a place outside England and Wales a person has been appointed to exercise powers with respect to the property or affairs of any other person on the ground (however formulated) that that other person is incapable, by reason of mental disorder, of managing and administering his property and affairs, and \n\tb) that having regard to the nature of the appointment and to the circumstances of the case it is expedient that the judge should exercise his powers under this section, the judge may direct any stock standing in the name of the said other person or the right to receive the dividends from the stock to be transferred into the name of the person so appointed or otherwise dealt with as requested by that person, and may give such directions as the judge thinks fit for dealing with accrued dividends from the stock. \n2) In this section “stock” includes shares and also any fund, annuity or security transferable in the books kept by any body corporate or unincorporated company or society, or by an instrument of transfer either alone or accompanied by other formalities, and “dividends” shall be construed accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1983/20/section/100",
    "uri": "http://www.legislation.gov.uk/ukpga/1983/20/section/100",
    "legislation_id": "ukpga/1983/20",
    "title": "Vesting of stock in curator appointed outside England and Wales.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 100,
    "legislation_type": "ukpga",
    "legislation_year": 1983,
    "legislation_number": 20,
    "act_name": "Mental Health Act 1983"
  },
  {
    "created_at": "2025-06-10T00:45:55.140284Z",
    "text": "Section 69) **Short title**\nThis Act may be cited as the Mental Capacity Act 2005. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/69",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/69",
    "legislation_id": "ukpga/2005/9",
    "title": "Short title",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 69,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.526246Z",
    "text": "SCHEDULE 6 Minor and consequential amendments Section 67(1) *Fines and Recoveries Act 1833 (c. 74)*\n\n1) \n1) The Fines and Recoveries Act 1833 (c. 74) is amended as follows. \n2) In section 33 (case where protector of settlement lacks capacity to act), for the words from  “shall be incapable” to  “is incapable as aforesaid” substitute “\n                    lacks capacity (within the meaning of the Mental Capacity Act 2005) to manage his property and affairs, the Court of Protection is to take his place as protector of the settlement while he lacks capacity\n           ” . \n3) In sections 48 and 49 (mental health jurisdiction), for each reference to the judge having jurisdiction under Part 7 of the Mental Health Act substitute a reference to the Court of Protection. *Improvement of Land Act 1864 (c. 114)*\n\n2) In section 68 of the Improvement of Land Act 1864 (c. 114)\n\n\t\t\t(apportionment of rentcharges)— \n\ta) for  “, curator, or receiver of” substitute “\n                    or curator of, or a deputy with powers in relation to property and affairs appointed by the Court of Protection for,\n           ” , and \n\tb) for  “or patient within the meaning of Part VII of the Mental Health Act 1983” substitute “\n                    person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to receive the notice\n           ” . *Trustee Act 1925 (c. 19)*\n\n3) \n1) The Trustee Act 1925 (c. 19) is amended as follows. \n2) In section 36 (appointment of new trustee)— \n\ta) in subsection (6C), for the words from  “a power of attorney” to the end, substitute “\n                        an enduring power of attorney or lasting power of attorney registered under the Mental Capacity Act 2005\n             ” , and \n\tb) in subsection (9)— \n\t\ti) for the words from  “is incapable” to  “exercising” substitute “\n                            lacks capacity to exercise\n               ” , and \n\t\tii) for the words from  “the authority” to the end substitute “\n                            the Court of Protection\n               ” . \n3) In section 41(1)\n\n\t\t\t\t\t(power of court to appoint new trustee) for the words from  “is incapable” to  “exercising” substitute “\n                    lacks capacity to exercise\n           ” . \n4) In section 54 (mental health jurisdiction)— \n\ta) for subsection (1) substitute— \n\t1) Subject to subsection (2), the Court of Protection may not make an order, or give a direction or authority, in relation to a person who lacks capacity to exercise his functions as trustee, if the High Court may make an order to that effect under this Act. , \n\tb) in subsection (2)— \n\t\ti) for the words from the beginning to  “of a receiver” substitute “\n                            Where a person lacks capacity to exercise his functions as a trustee and a deputy is appointed for him by the Court of Protection or an application for the appointment of a deputy\n               ” , \n\t\tii) for  “the said authority”, in each place, substitute “\n                            the Court of Protection\n               ” , and \n\t\tiii) for  “the patient”, in each place, substitute “\n                            the person concerned\n               ” , and \n\tc) omit subsection (3). \n5) In section 55 (order made on particular allegation to be conclusive evidence of it)— \n\ta) for the words from  “Part VII” to  “Northern Ireland” substitute “\n                        sections 15 to 20 of the Mental Capacity Act 2005 or any corresponding provisions having effect in Northern Ireland\n             ” , and \n\tb) for paragraph (a) substitute— \n\t\ta) that a trustee or mortgagee lacks capacity in relation to the matter in question; . \n6) In section 68 (definitions), at the end add— \n3) Any reference in this Act to a person who lacks capacity in relation to a matter is to a person— \n\ta) who lacks capacity within the meaning of the Mental Capacity Act 2005 in relation to that matter, or \n\tb) in respect of whom the powers conferred by section 48 of that Act are exercisable and have been exercised in relation to that matter. . *Law of Property Act 1925 (c. 20)*\n\n4) \n1) The Law of Property Act 1925 (c. 20) is amended as follows. \n2) In section 22 (conveyances on behalf of persons who lack capacity)— \n\ta) in subsection (1)— \n\t\ti) for the words from  “in a person suffering”\n\n\n\nto  “is acting”\n\n\n\nsubstitute “\n                            , either solely or jointly with any other person or persons, in a person lacking capacity (within the meaning of the Mental Capacity Act 2005) to convey\n\nor create a legal estate, a deputy appointed for him by the Court of Protection or (if no deputy is appointed\n               ” ,\n\nand \n\t\tii) for  “the authority having jurisdiction under Part VII of the Mental Health Act 1983”\n\n\n\nsubstitute “\n                            the Court of Protection\n               ” , \n\tb) in subsection (2), for  “is incapable, by reason of mental disorder, of exercising”\n\n\n\nsubstitute “\n                        lacks capacity (within the meaning of that Act) to exercise\n             ” , and \n\tc) in subsection (3), for the words from  “an enduring power”\n\n\n\nto the end substitute “\n                        an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act) is entitled to act for the trustee who lacks capacity in\n\nrelation to the dealing.\n             ” . \n3) In section 205(1)\n\n\t\t\t\t\t(interpretation), omit paragraph (xiii). *Administration of Estates Act 1925 (c. 23)*\n\n5) \n1) The Administration of Estates Act 1925 (c. 23) is amended as follows. \n2) In section 41(1)\n\n\t\t\t\t\t(powers of personal representatives to appropriate), in the proviso— \n\ta) in paragraph (ii)— \n\t\ti) for the words from  “is incapable” to  “the consent” substitute “\n                            lacks capacity (within the meaning of the Mental Capacity Act 2005) to give the consent, it\n               ” , and \n\t\tii) for  “or receiver” substitute “\n                            or a person appointed as deputy for him by the Court of Protection\n               ” , and \n\tb) in paragraph (iv), for  “no receiver is acting for a person suffering from mental disorder” substitute “\n                        no deputy is appointed for a person who lacks capacity to consent\n             ” . \n3) Omit section 55(1)(viii)\n\n\t\t\t\t\t(definitions of  “person of unsound mind” and  “defective”). *National Assistance Act 1948 (c. 29)*\n\n6) In section 49 of the National Assistance Act 1948 (c. 29)\n\n\t\t\t(expenses of council officers acting for persons who lack capacity)— \n\ta) for the words from  “applies” to  “affairs of a patient” substitute “\n                    applies for appointment by the Court of Protection as a deputy\n           ” , and \n\tb) for  “such functions” substitute “\n                    his functions as deputy\n           ” . *U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)*\n\n7) In section 1 of the U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) (administration of pensions)— \n\ta) in subsection (4), omit the words from  “or for whom” to  “1983”, and \n\tb) after subsection (4), insert— \n\t4A) An agreement under subsection (1) is not to be made in relation to a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) for the purposes of this Act if— \n\t\ta) there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for the person by the Court of Protection, and \n\t\tb) the donee or deputy has power in relation to the person for the purposes of this Act. \n\t4B) The proviso at the end of subsection (4) also applies in relation to subsection (4A). . *Intestates' Estates Act 1952 (c. 64)*\n\n8) In Schedule 2 to the Intestates' Estates Act 1952 (c. 64) (rights of surviving spouse or civil partner in relation to home), for paragraph 6(1) substitute— \n1) Where the surviving spouse or civil partner lacks capacity (within the meaning of the Mental Capacity Act 2005) to make a requirement or give a consent under this Schedule, the requirement or consent may be made or given by a deputy appointed by the Court of Protection with power in that respect or, if no deputy has that power, by that court. . *Variation of Trusts Act 1958 (c. 53)*\n\n9) In section 1 of the Variation of Trusts Act 1958 (c. 53)\n\n\t\t\t(jurisdiction of courts to vary trusts)— \n\ta) in subsection (3), for the words from  “shall be determined” to the end substitute “\n                    who lacks capacity (within the meaning of the Mental Capacity Act 2005) to give his assent is to be determined by the Court of Protection\n           ” , and \n\tb) in subsection (6), for the words from  “the powers” to the end substitute “\n                    the powers of the Court of Protection\n           ” . *Administration of Justice Act 1960 (c. 65)*\n\n10) In section 12(1)(b) of the Administration of Justice Act 1960 (c. 65)\n\n\t\t\t(contempt of court to publish information about proceedings in private relating to persons with incapacity) for the words from  “under Part VIII” to  “that Act” substitute “\n                under the Mental Capacity Act 2005, or under any provision of the Mental Health Act 1983\n         ” . *Industrial and Provident Societies Act 1965 (c. 12)*\n\n11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Compulsory Purchase Act 1965 (c. 56)*\n\n12) In Schedule 1 to the Compulsory Purchase Act 1965 (c. 56) (persons without power to sell their interests), for paragraph 1(2)(b) substitute— \n\tb) do not have effect in relation to a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) for the purposes of this Act if— \n\t\ti) there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for the person by the Court of Protection, and \n\t\tii) the donee or deputy has power in relation to the person for the purposes of this Act. . *Leasehold Reform Act 1967 (c. 88)*\n\n13) \n1) For section 26(2) of the Leasehold Reform Act 1967 (c. 88) (landlord lacking capacity) substitute— \n2) Where a landlord lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise his functions as a landlord, those functions are to be exercised— \n\ta) by a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for him by the Court of Protection, with power to exercise those functions, or \n\tb) if no donee or deputy has that power, by a person authorised in that respect by that court. . \n2) That amendment does not affect any proceedings pending at the commencement of this paragraph in which a receiver or a person authorised under Part 7 of the Mental Health Act is acting on behalf of the landlord. *Medicines Act 1968 (c. 67)*\n\n14) In section 72 of the Medicines Act 1968 (c. 67)\n\n\t\t\t(pharmacist lacking capacity)— \n\ta) in subsection (1)(c), for the words from  “a receiver” to  “1959” substitute “\n                    he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to carry on the business\n           ” , \n\tb) after subsection (1) insert— \n\t1A) In subsection (1)(c), the reference to a person who lacks capacity to carry on the business is to a person— \n\t\ta) in respect of whom there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2005), or \n\t\tb) for whom a deputy is appointed by the Court of Protection, and in relation to whom the donee or deputy has power for the purposes of this Act. , \n\tc) in subsection (3)(d)— \n\t\ti) for  “receiver” substitute “\n                        deputy\n             ” , and \n\t\tii) after  “guardian” insert “\n                        or from the date of registration of the instrument appointing the donee\n             ” , and \n\td) in subsection (4)(c), for  “receiver” substitute “\n                    donee, deputy\n           ” . *Family Law Reform Act 1969 (c. 46)*\n\n15) For section 21(4) of the Family Law Reform Act 1969 (c. 46) (consent required for taking of bodily sample from person lacking capacity), substitute— \n4) A bodily sample may be taken from a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to give his consent, if consent is given by the court giving the direction under section 20 or by— \n\ta) a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or \n\tb) a deputy appointed, or any other person authorised, by the Court of Protection, with power in that respect. . *Local Authority Social Services Act 1970 (c. 42)*\n\n16) \n1) Schedule 1 to the Local Authority Social Services Act 1970 (c. 42)\n\t\t\t\t\t(enactments conferring functions assigned to social services committee) is amended as follows. \n2) In the entry for section 49 of the National Assistance Act 1948 (expenses of local authority officer appointed for person who lacks capacity) for  “receiver” substitute “\n                    deputy\n           ” . \n3) At the end, insert—  Mental Capacity Act 2005 Section 39Instructing independent mental capacity advocate before providing accommodation for person lacking capacity.Section 49Reports in proceedings. . *Courts Act 1971 (c. 23)*\n\n17) In Part 1A of Schedule 2 to the Courts Act 1971 (c. 23) (office-holders eligible for appointment as circuit judges), omit the reference to a Master of the Court of Protection. *Local Government Act 1972 (c. 70)*\n\n18) \n1) Omit section 118 of the Local Government Act 1972 (c. 70) (payment of pension etc. where recipient lacks capacity). \n2) Sub-paragraph (3) applies where, before the commencement of this paragraph, a local authority has, in respect of a person referred to in that section as  “the patient”, made payments under that section— \n\ta) to an institution or person having the care of the patient, or \n\tb) in accordance with subsection (1)(a) or (b) of that section. \n3) The local authority may, in respect of the patient, continue to make payments under that section to that institution or person, or in accordance with subsection (1)(a) or (b) of that section, despite the repeal made by sub-paragraph (1). *Matrimonial Causes Act 1973 (c. 18)*\n\n19) In section 40 of the Matrimonial Causes Act 1973 (c. 18)\n\t\t\t(payments to person who lacks capacity)\n\t\t\t(which becomes subsection (1))— \n\ta) for the words from  “is incapable” to  “affairs” substitute “\n                    (“P”) lacks capacity (within the meaning of the Mental Capacity Act 2005) in relation to the provisions of the order\n           ” , \n\tb) for  “that person under Part VIII of that Act” substitute “\n                    P under that Act\n           ” , \n\tc) for the words from  “such persons” to the end substitute “\n                    such person (“D”) as it may direct\n           ” , and \n\td) at the end insert— \n\t2) In carrying out any functions of his in relation to an order made under subsection (1), D must act in P's best interests (within the meaning of that Act). . *Juries Act 1974 (c. 23)*\n\n20) In Schedule 1 to the Juries Act 1974 (c. 23)\n\t\t\t(disqualification for jury service), for paragraph 3 substitute— \n3) A person who lacks capacity, within the meaning of the Mental Capacity Act 2005, to serve as a juror. . *Consumer Credit Act 1974 (c. 39)*\n\n21) For section 37(1)(c) of the Consumer Credit Act 1974 (c. 39)\n\n\t\t\t(termination of consumer credit licence if holder lacks capacity) substitute— \n\tc) becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to carry on the activities covered by the licence. . *Solicitors Act 1974 (c. 47)*\n\n22) \n1) The Solicitors Act 1974 (c. 47) is amended as follows. \n2)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In section 62(4)\n\t\t\t\t\t(contentious business agreements made by clients) for paragraphs (c) and (d) substitute— \n\tc) as a deputy for him appointed by the Court of Protection with powers in relation to his property and affairs, or \n\td) as another person authorised under that Act to act on his behalf. . \n4) In paragraph 1(1) of Schedule 1 (circumstances in which Law Society may intervene in solicitor's practice), for paragraph (f) substitute— \n\tf) a solicitor lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as a solicitor and powers under sections 15 to 20 or section 48 of that Act are exercisable in relation to him; . *Local Government (Miscellaneous Provisions) Act 1976 (c. 57)*\n\n23) In section 31 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57)\n\t\t\t(the title to which becomes  “Indemnities for local authority officers appointed as deputies or administrators”), for the words from  “as a receiver” to  “1959” substitute “\n                as a deputy for a person by the Court of Protection\n         ” . *Sale of Goods Act 1979 (c. 54)*\n\n24) In section 3(2) of the Sale of Goods Act 1979 (c. 54)\n\n\t\t\t(capacity to buy and sell) the words  “mental incapacity or” cease to have effect in England and Wales. *Limitation Act 1980 (c. 58)*\n\n25) In section 38 of the Limitation Act 1980 (c. 58)\n\n\t\t\t(interpretation) substitute— \n\ta) in subsection (2) for  “of unsound mind” substitute “\n                    lacks capacity (within the meaning of the Mental Capacity Act 2005) to conduct legal proceedings\n           ” , and \n\tb) omit subsections (3) and (4). *Public Passenger Vehicles Act 1981 (c. 14)*\n\n26) In section 57(2)(c) of the Public Passenger Vehicles Act 1981 (c. 14)\n\n\t\t\t(termination of public service vehicle licence if holder lacks capacity) for the words from  “becomes a patient” to  “or” substitute “\n                becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence, or\n         ” . *Judicial Pensions Act 1981 (c. 20)*\n\n27) In Schedule 1 to the Judicial Pensions Act 1981 (c. 20)\n\t\t\t(pensions of Supreme Court officers, etc.), in paragraph 1, omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this paragraph or who had previously retired from that office or died. *Supreme Court Act 1981 (c. 54)*\n\n28) In Schedule 2 to the Supreme Court Act 1981 (c. 54) (qualifications for appointment to office in Supreme Court), omit paragraph 11 (Master of the Court of Protection). *Mental Health Act 1983 (c. 20)*\n\n29) \n1) The Mental Health Act is amended as follows. \n2) In section 134(3)\n\n\t\t\t\t\t(cases where correspondence of detained patients may not be withheld) for paragraph (b) substitute— \n\tb) any judge or officer of the Court of Protection, any of the Court of Protection Visitors or any person asked by that Court for a report under section 49 of the Mental Capacity Act 2005 concerning the patient; . \n3) In section 139 (protection for acts done in pursuance of 1983 Act), in subsection (1), omit from  “or in, or in pursuance” to  “Part VII of this Act,”. \n4) Section 142 (payment of pension etc. where recipient lacks capacity) ceases to have effect in England and Wales. \n5) Sub-paragraph (6) applies where, before the commencement of sub-paragraph (4), an authority has, in respect of a person referred to in that section as  “the patient”, made payments under that section— \n\ta) to an institution or person having the care of the patient, or \n\tb) in accordance with subsection (2)(a) or (b) of that section. \n6) The authority may, in respect of the patient, continue to make payments under that section to that institution or person, or in accordance with subsection (2)(a) or (b) of that section, despite the amendment made by sub-paragraph (4). \n7) In section 145(1)\n\n\t\t\t\t\t(interpretation), in the definition of  “patient”, omit  “(except in Part VII of this Act)”. \n8) In section 146 (provisions having effect in Scotland), omit from  “104(4)” to  “section),”. \n9) In section 147 (provisions having effect in Northern Ireland), omit from  “104(4)” to  “section),”. *Administration of Justice Act 1985 (c. 61)*\n\n30) In section 18(3) of the Administration of Justice Act 1985 (c. 61)\n\t\t\t(licensed conveyancer who lacks capacity), for the words from  “that person” to the end substitute “\n                he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to practise as a licensed conveyancer.\n         ” . *Insolvency Act 1986 (c. 45)*\n\n31) \n1) The Insolvency Act 1986 (c. 45) is amended as follows. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In section 390 (people not qualified to be insolvency practitioners), in subsection (4)— \n\ta) omit the  “or” immediately after paragraph (b), \n\tb) in paragraph (c), omit  “Part VII of the Mental Health Act 1983 or”, and \n\tc) after that paragraph, insert , or \n\t\td) he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as an insolvency practitioner. . *Building Societies Act 1986 (c. 53)*\n\n32) In section 102D(9) of the Building Societies Act 1986 (c. 53)\n\n\t\t\t(references to a person holding an account on trust for another)— \n\ta) in paragraph (a), for  “Part VII of the Mental Health Act 1983” substitute “\n                    the Mental Capacity Act 2005\n           ” , and \n\tb) for paragraph (b) substitute— \n\t\tb) to an attorney holding an account for another person under— \n\t\t\ti) an enduring power of attorney or lasting power of attorney registered under the Mental Capacity Act 2005, or \n\t\t\tii) an enduring power registered under the Enduring Powers of Attorney (Northern Ireland) Order 1987; . *Public Trustee and Administration of Funds Act 1986 (c. 57)*\n\n33) In section 3 of the Public Trustee and Administration of Funds Act 1986 (c. 57)\n\n\t\t\t(functions of the Public Trustee)— \n\ta) for subsections (1) to (5) substitute— \n\t1) The Public Trustee may exercise the functions of a deputy appointed by the Court of Protection. , \n\tb) in subsection (6), for  “the 1906 Act” substitute “\n                    the Public Trustee Act 1906\n           ” , and \n\tc) omit subsection (7). *Patronage (Benefices) Measure 1986 (No.3)*\n\n34) \n1) The Patronage (Benefices) Measure 1986 (No. 3) is amended as follows. \n2) In section 5 (rights of patronage exercisable otherwise than by registered patron), after subsection (3) insert— \n3A) The reference in subsection (3) to a power of attorney does not include an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2005). \n3) In section 9 (information to be sent to designated officer when benefice becomes vacant), after subsection (5) insert— \n5A) Subsections (5B) and (5C) apply where the functions of a registered patron are, as a result of paragraph 10 of Schedule 2 to the Mental Capacity Act 2005 (patron's loss of capacity to discharge functions), to be discharged by an individual appointed by the Court of Protection. \n5B) If the individual is a clerk in Holy Orders, subsection (5) applies to him as it applies to the registered patron. \n5C) If the individual is not a clerk in Holy Orders, subsection (1) (other than paragraph (b)) applies to him as it applies to the registered patron. *Courts and Legal Services Act 1990 (c. 41)*\n\n35) \n1) The Courts and Legal Services Act 1990 (c. 41) is amended as follows. \n2) In Schedule 11 (judges etc. barred from legal practice), for the reference to a Master of the Court of Protection substitute a reference to each of the following— \n\ta) Senior Judge of the Court of Protection \n\tb) President of the Court of Protection \n\tc) Vice-President of the Court of Protection \n3) In paragraph 5(3) of Schedule 14 (exercise of powers of intervention in registered foreign lawyer's practice), for paragraph (f) substitute— \n\tf) he lacks capacity (within the meaning of the Mental Capacity Act 2005) to act as a registered foreign lawyer and powers under sections 15 to 20 or section 48 are exercisable in relation to him; . *Child Support Act 1991 (c. 48)*\n\n36) In section 50 of the Child Support Act 1991 (c. 48)\n\n\t\t\t(unauthorised disclosure of information)— \n\ta) in subsection (8)— \n\t\ti) immediately after paragraph (a), insert “\n                        or\n             ” , \n\t\tii) omit paragraphs (b) and (d) and the  “or” immediately after paragraph (c), and \n\t\tiii) for  “, receiver, custodian or appointee” substitute “\n                        or custodian\n             ” , and \n\tb) after that subsection, insert— \n\t9) Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is— \n\t\ta) a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or \n\t\tb) a deputy appointed for him, or any other person authorised, by the Court of Protection, with power in that respect. . *Social Security Administration Act 1992 (c. 5)*\n\n37) In section 123 of the Social Security Administration Act 1992 (c. 5) (unauthorised disclosure of information)— \n\ta) in subsection (10), omit— \n\t\ti) in paragraph (b),  “a receiver appointed under section 99 of the Mental Health Act 1983 or”, \n\t\tii) in paragraph (d)(i),  “sub-paragraph (a) of rule 41(1) of the Court of Protection Rules 1984 or”, \n\t\tiii) in paragraph (d)(ii),  “a receiver ad interim appointed under sub-paragraph (b) of the said rule 41(1) or”, and \n\t\tiv) “receiver,”, and \n\tb) after that subsection, insert— \n\t11) Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is— \n\t\ta) a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or \n\t\tb) a deputy appointed for him, or any other person authorised, by the Court of Protection, with power in that respect. . *Judicial Pensions and Retirement Act 1993 (c. 8)*\n\n38) \n1) The Judicial Pensions and Retirement Act 1993 (c. 8) is amended as follows. \n2) In Schedule 1 (qualifying judicial offices), in Part 2, under the cross-heading  “Court officers”, omit the reference to a Master of the Court of Protection except in the case of a person holding that office immediately before the commencement of this sub-paragraph or who had previously retired from that office or died. \n3) In Schedule 5(retirement: the relevant offices), omit the entries relating to the Master and Deputy or temporary Master of the Court of Protection, except in the case of a person holding any of those offices immediately before the commencement of this sub-paragraph. \n4) In Schedule 7(retirement: transitional provisions), omit paragraph 5(5)(i)(g) except in the case of a person holding office as a deputy or temporary Master of the Court of Protection immediately before the commencement of this sub-paragraph. *Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)*\n\n39) \n1) For paragraph 4 of Schedule 2 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (landlord under a disability), substitute— \n4) \n1) This paragraph applies where a Chapter I or Chapter II landlord lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise his functions as a landlord. \n2) For the purposes of the Chapter concerned, the landlord's place is to be taken— \n\ta) by a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the 2005 Act), or a deputy appointed for him by the Court of Protection, with power to exercise those functions, or \n\tb) if no deputy or donee has that power, by a person authorised in that respect by that court. . \n2) That amendment does not affect any proceedings pending at the commencement of this paragraph in which a receiver or a person authorised under Part 7 of the Mental Health Act 1983 (c. 20) is acting on behalf of the landlord. *Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)*\n\n40) \n1) The Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) is amended as follows. \n2) In section 16(5)\n\n\t\t\t\t\t(termination of licence), for  “he becomes a patient within the meaning of Part VII of the Mental Health Act 1983” substitute “\n                    he becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence\n           ” . \n3) In section 48 (licence not to be transferable, etc.)— \n\ta) in subsection (2)— \n\t\ti) for  “or become a patient within the meaning of Part VII of the Mental Health Act 1983” substitute “\n                            , or become a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to use a vehicle under the licence,\n               ” , and \n\t\tii) in paragraph (a), for  “became a patient” substitute “\n                            became a person who lacked capacity in that respect\n               ” , and \n\tb) in subsection (5), for  “a patient within the meaning of Part VII of the Mental Health Act 1983” substitute “\n                        a person lacking capacity\n             ” . *Disability Discrimination Act 1995 (c. 50)*\n\n41) In section 20(7) of the Disability Discrimination Act 1995 (c. 50)\n\t\t\t(regulations to disapply provisions about incapacity), in paragraph (b), for  “Part VII of the Mental Health Act 1983” substitute “\n                the Mental Capacity Act 2005\n         ” . *Trusts of Land and Appointment of Trustees Act 1996 (c. 47)*\n\n42) \n1) The Trusts of Land and Appointment of Trustees Act 1996 (c. 47) is amended as follows. \n2) In section 9 (delegation by trustees), in subsection (6), for the words from  “an enduring power” to the end substitute “\n                    an enduring power of attorney or lasting power of attorney within the meaning of the Mental Capacity Act 2005\n           ” . \n3) In section 20 (the title to which becomes “\n                    Appointment of substitute for trustee who lacks capacity\n           ” )— \n\ta) in subsection (1)(a), for  “is incapable by reason of mental disorder of exercising” substitute “\n                        lacks capacity (within the meaning of the Mental Capacity Act 2005) to exercise\n             ” , and \n\tb) in subsection (2)— \n\t\ti) for paragraph (a) substitute— \n\t\t\ta) a deputy appointed for the trustee by the Court of Protection, , \n\t\tii) in paragraph (b), for the words from  “a power of attorney” to the end substitute “\n                            an enduring power of attorney or lasting power of attorney registered under the Mental Capacity Act 2005\n               ” , and \n\t\tiii) in paragraph (c), for the words from  “the authority” to the end substitute “\n                            the Court of Protection\n               ” . *Human Rights Act 1998 (c. 42)*\n\n43) In section 4(5) of the Human Rights Act 1998 (c. 42)\n\n\t\t\t(courts which may make declarations of incompatibility), after paragraph (e) insert— \n\tf) the Court of Protection, in any matter being dealt with by the President of the Family Division, the Vice-Chancellor or a puisne judge of the High Court. *Access to Justice Act 1999 (c. 22)*\n\n44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Adoption and Children Act 2002 (c. 38)*\n\n45) In section 52(1)(a) of the Adoption and Children Act 2002 (c. 38)\n\n\t\t\t(parental consent to adoption), for  “is incapable of giving consent” substitute “\n                lacks capacity (within the meaning of the Mental Capacity Act 2005) to give consent\n         ” . *Licensing Act 2003 (c. 17)*\n\n46) \n1) The Licensing Act 2003 (c. 17) is amended as follows. \n2) In section 27(1) (lapse of premises licence), for paragraph (b) substitute— \n\tb) becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence, . \n3) In section 47 (interim authority notice in relation to premises licence)— \n\ta) in subsection (5), for paragraph (b) substitute— \n\t\tb) the former holder lacks capacity (within the meaning of the Mental Capacity Act 2005) to hold the licence and that person acts for him under an enduring power of attorney or lasting power of attorney registered under that Act, , and \n\tb) in subsection (10), omit the definition of  “mentally incapable”. *Courts Act 2003 (c. 39)*\n\n47) \n1) The Courts Act 2003 (c. 39) is amended as follows. \n2) In section 1(1)\n\t\t\t\t\t(the courts in relation to which the Lord Chancellor must discharge his general duty), after paragraph (a) insert— \n\taa) the Court of Protection, . \n3) In section 64(2)\n\t\t\t\t\t(judicial titles which the Lord Chancellor may by order alter)— \n\ta) omit the reference to a Master of the Court of Protection, and \n\tb) at the appropriate place insert a reference to each of the following— \n\t\ti) Senior Judge of the Court of Protection, \n\t\tii) President of the Court of Protection, \n\t\tiii) Vice-president of the Court of Protection. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/6",
    "legislation_id": "ukpga/2005/9",
    "title": "Minor and consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.953191Z",
    "text": "Section 2) **People who lack capacity**\n\n1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. \n2) It does not matter whether the impairment or disturbance is permanent or temporary. \n3) A lack of capacity cannot be established merely by reference to— \n\ta) a person's age or appearance, or \n\tb) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about his capacity. \n4) In proceedings under this Act or any other enactment, any question whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities. \n5) No power which a person (“D”) may exercise under this Act— \n\ta) in relation to a person who lacks capacity, or \n\tb) where D reasonably thinks that a person lacks capacity, is exercisable in relation to a person under 16. \n6) Subsection (5) is subject to section 18(3). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/2",
    "legislation_id": "ukpga/2005/9",
    "title": "People who lack capacity",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.046333Z",
    "text": "Section 35) **Appointment of independent mental capacity advocates**\n\n1) The responsible authority must make such arrangements as it considers reasonable to enable persons (“independent mental capacity advocates”) to be available to represent and support persons to whom acts or decisions proposed under sections 37, 38 and 39 relate or persons who fall within section 39A, 39C or 39D . \n2) The appropriate authority may make regulations as to the appointment of independent mental capacity advocates. \n3) The regulations may, in particular, provide— \n\ta) that a person may act as an independent mental capacity advocate only in such circumstances, or only subject to such conditions, as may be prescribed; \n\tb) for the appointment of a person as an independent mental capacity advocate to be subject to approval in accordance with the regulations. \n4) In making arrangements under subsection (1), the responsible authority must have regard to the principle that a person to whom a proposed act or decision relates should, so far as practicable, be represented and supported by a person who is independent of any person who will be responsible for the act or decision. \n5) The arrangements may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements. \n6) For the purpose of enabling him to carry out his functions, an independent mental capacity advocate— \n\ta) may interview in private the person whom he has been instructed to represent, and \n\tb) may, at all reasonable times, examine and take copies of— \n\t\ti) any health record, \n\t\tii) any record of, or held by, a local authority and compiled in connection with a social services function, and \n\t\tiii) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14) , Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) , which the person holding the record considers may be relevant to the independent mental capacity advocate's investigation. \n6A) In subsections (1) and (4),  “the responsible authority” means— \n\ta) in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and \n\tb) in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers. \n6B) In subsection (6A)(a),  “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales. \n7) In this section, section 36 and section 37,  “the appropriate authority” means— \n\ta) in relation to the provision of the services of independent mental capacity advocates in England, the Secretary of State, and \n\tb) in relation to the provision of the services of independent mental capacity advocates in Wales, the National Assembly for Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/35",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/35",
    "legislation_id": "ukpga/2005/9",
    "title": "Appointment of independent mental capacity advocates",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 35,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.964911Z",
    "text": "Section 5) **Acts in connection with care or treatment**\n\n1) If a person (“D”) does an act in connection with the care or treatment of another person (“P”), the act is one to which this section applies if— \n\ta) before doing the act, D takes reasonable steps to establish whether P lacks capacity in relation to the matter in question, and \n\tb) when doing the act, D reasonably believes— \n\t\ti) that P lacks capacity in relation to the matter, and \n\t\tii) that it will be in P's best interests for the act to be done. \n2) D does not incur any liability in relation to the act that he would not have incurred if P— \n\ta) had had capacity to consent in relation to the matter, and \n\tb) had consented to D's doing the act. \n3) Nothing in this section excludes a person's civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing the act. \n4) Nothing in this section affects the operation of sections 24 to 26 (advance decisions to refuse treatment). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/5",
    "legislation_id": "ukpga/2005/9",
    "title": "Acts in connection with care or treatment",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.083256Z",
    "text": "Section 42) **Codes of practice**\n\n1) The Lord Chancellor must prepare and issue one or more codes of practice— \n\ta) for the guidance of persons assessing whether a person has capacity in relation to any matter, \n\tb) for the guidance of persons acting in connection with the care or treatment of another person (see section 5), \n\tc) for the guidance of donees of lasting powers of attorney, \n\td) for the guidance of deputies appointed by the court, \n\te) for the guidance of persons carrying out research in reliance on any provision made by or under this Act (and otherwise with respect to sections 30 to 34), \n\tf) for the guidance of independent mental capacity advocates, \n\tfa) for the guidance of persons exercising functions under Schedule A1, \n\tfb) for the guidance of representatives appointed under Part 10 of Schedule A1, \n\tg) with respect to the provisions of sections 24 to 26 (advance decisions and apparent advance decisions), and \n\th) with respect to such other matters concerned with this Act as he thinks fit. \n2) The Lord Chancellor may from time to time revise a code. \n3) The Lord Chancellor may delegate the preparation or revision of the whole or any part of a code so far as he considers expedient. \n4) It is the duty of a person to have regard to any relevant code if he is acting in relation to a person who lacks capacity and is doing so in one or more of the following ways— \n\ta) as the donee of a lasting power of attorney, \n\tb) as a deputy appointed by the court, \n\tc) as a person carrying out research in reliance on any provision made by or under this Act (see sections 30 to 34), \n\td) as an independent mental capacity advocate, \n\tda) in the exercise of functions under Schedule A1, \n\tdb) as a representative appointed under Part 10 of Schedule A1, \n\te) in a professional capacity, \n\tf) for remuneration. \n5) If it appears to a court or tribunal conducting any criminal or civil proceedings that— \n\ta) a provision of a code, or \n\tb) a failure to comply with a code, is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question. \n6) A code under subsection (1)(d) may contain separate guidance for deputies appointed by virtue of paragraph 1(2) of Schedule 5 (functions of deputy conferred on receiver appointed under the Mental Health Act). \n7) In this section and in section 43,  “code” means a code prepared or revised under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/42",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/42",
    "legislation_id": "ukpga/2005/9",
    "title": "Codes of practice",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 42,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.062522Z",
    "text": "Section 39) **Provision of accommodation by local authority**\n\n1) This section applies if a local authority propose to make arrangements— \n\ta) for the provision of residential accommodation for a person (“P”) who lacks capacity to agree to the arrangements, or \n\tb) for a change in P's residential accommodation, and are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate for them to consult in determining what would be in P's best interests. \n1A) But this section applies only if— \n\ta) in the case of a local authority in England, subsection (1B) applies; \n\tb) in the case of a local authority in Wales, subsection (2) applies. \n1B) This subsection applies if the accommodation is to be provided in accordance with— \n\ta) Part 1 of the Care Act 2014, or \n\tb) section 117 of the Mental Health Act. \n2) This subsection applies if the accommodation is to be provided in accordance with— \n\ta) Part 4 of the Social Services and Well-being (Wales) Act 2014; or \n\tb) section 117 of the Mental Health Act,  ... \n3) This section does not apply if P is accommodated as a result of an obligation imposed on him under the Mental Health Act. \n3A) And this section does not apply if— \n\ta) an independent mental capacity advocate must be appointed under section 39A or 39C (whether or not by the local authority) to represent P, and \n\tb) the place in which P is to be accommodated under the arrangements referred to in this section is the relevant hospital or care home under the authorisation referred to in that section. \n4) Before making the arrangements, the local authority must instruct an independent mental capacity advocate to represent P unless they are satisfied that— \n\ta) the accommodation is likely to be provided for a continuous period of less than 8 weeks, or \n\tb) the arrangements need to be made as a matter of urgency. \n5) If the local authority— \n\ta) did not instruct an independent mental capacity advocate to represent P before making the arrangements because they were satisfied that subsection (4)(a) or (b) applied, but \n\tb) subsequently have reason to believe that the accommodation is likely to be provided for a continuous period that will end 8 weeks or more after the day on which accommodation was first provided in accordance with the arrangements, they must instruct an independent mental capacity advocate to represent P. \n6) The local authority must, in deciding what arrangements to make for P, take into account any information given, or submissions made, by the independent mental capacity advocate. \n7) For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/39",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/39",
    "legislation_id": "ukpga/2005/9",
    "title": "Provision of accommodation by local authority",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 39,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.929015Z",
    "text": "Section 1) **The principles**\n\n1) The following principles apply for the purposes of this Act. \n2) A person must be assumed to have capacity unless it is established that he lacks capacity. \n3) A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success. \n4) A person is not to be treated as unable to make a decision merely because he makes an unwise decision. \n5) An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests. \n6) Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person's rights and freedom of action. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/1",
    "legislation_id": "ukpga/2005/9",
    "title": "The principles",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.055912Z",
    "text": "Section 38) **Provision of accommodation by NHS body**\n\n1) This section applies if an NHS body proposes to make arrangements— \n\ta) for the provision of accommodation in a hospital or care home for a person (“P”) who lacks capacity to agree to the arrangements, or \n\tb) for a change in P's accommodation to another hospital or care home, and is satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate for it to consult in determining what would be in P's best interests. \n2) But this section does not apply if P is accommodated as a result of an obligation imposed on him under the Mental Health Act. \n2A) And this section does not apply if— \n\ta) an independent mental capacity advocate must be appointed under section 39A or 39C (whether or not by the NHS body) to represent P, and \n\tb) the hospital or care home in which P is to be accommodated under the arrangements referred to in this section is the relevant hospital or care home under the authorisation referred to in that section. \n3) Before making the arrangements, the NHS body must instruct an independent mental capacity advocate to represent P unless it is satisfied that— \n\ta) the accommodation is likely to be provided for a continuous period which is less than the applicable period, or \n\tb) the arrangements need to be made as a matter of urgency. \n4) If the NHS body— \n\ta) did not instruct an independent mental capacity advocate to represent P before making the arrangements because it was satisfied that subsection (3)(a) or (b) applied, but \n\tb) subsequently has reason to believe that the accommodation is likely to be provided for a continuous period— \n\t\ti) beginning with the day on which accommodation was first provided in accordance with the arrangements, and \n\t\tii) ending on or after the expiry of the applicable period, it must instruct an independent mental capacity advocate to represent P. \n5) The NHS body must, in deciding what arrangements to make for P, take into account any information given, or submissions made, by the independent mental capacity advocate. \n6) “Care home” means— \n\ta) a care home in England within the meaning given in section 3 of the Care Standards Act 2000 (c. 14) , and \n\tb) a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over. \n7) “Hospital” means— \n\ta) in relation to England, a hospital as defined by section 275 of the National Health Service Act 2006; and \n\tb) in relation to Wales, a health service hospital as defined by section 206 of the National Health Service (Wales) Act 2006 or an independent hospital as defined by section 2 of the Care Standards Act 2000. \n8) “NHS body” has such meaning as may be prescribed by regulations made for the purposes of this section by— \n\ta) the Secretary of State, in relation to bodies in England, or \n\tb) the National Assembly for Wales, in relation to bodies in Wales. \n9) “Applicable period” means— \n\ta) in relation to accommodation in a hospital, 28 days, and \n\tb) in relation to accommodation in a care home, 8 weeks. \n10) For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/38",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/38",
    "legislation_id": "ukpga/2005/9",
    "title": "Provision of accommodation by NHS body",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 38,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.305450Z",
    "text": "SCHEDULE AA1 Deprivation of liberty: authorisation of arrangements enabling care and treatment Section 4A(5) ## Part 1\n## Introductory and interpretation\n\n*Contents of this Schedule*\n\n1) In this Schedule— \n\t- Part 1 (this Part) describes the arrangements dealt with and gives definitions (including  “the responsible body”)\n\t- Part 2 sets out the procedure for the responsible body to authorise arrangements\n\t- Part 3 is about the duration, renewal, variation and review of authorisations\n\t- Part 4 is about Approved Mental Capacity Professionals (involved under Part 2 in certain cases)\n\t- Part 5 is about appointing persons to give representation and support in connection with arrangements\n\t- Part 6 gives power to provide for monitoring and reporting\n\t- Part 7 excludes— mental health arrangements, andarrangements that are not in accordance with mental health requirements\n\t- Part 8 contains transitory provision.*Arrangements this Schedule applies to*\n\n2) \n1) This Schedule applies to arrangements— \n\ta) for enabling the care or treatment of a person (the  “cared-for person”) described in sub-paragraph (2), \n\tb) that give rise to a deprivation of the cared-for person's liberty, and \n\tc) that are not excluded by Part 7. \n2) The cared-for person must be a person who— \n\ta) is aged 16 or over, \n\tb) lacks capacity to consent to the arrangements, and \n\tc) has a mental disorder. \n3) The arrangements may for example be— \n\ta) for the cared-for person to reside in a particular place; \n\tb) for the cared-for person to receive care or treatment at a particular place; \n\tc) for the means and manner of transport for the cared-for person to, from or between particular places. \n4) The arrangements may be ones that are proposed, or that are being carried out. \n5) If they are proposed, references in this Schedule to where or how they are carried out are to whatever is proposed in the arrangements. \n6) If provision to which sub-paragraph (1)(a) and (b) apply and other provision are combined, the  “arrangements” for the purposes of this Schedule do not include that other provision. *Definitions*\n\n3) In this Schedule— \n\t- “Approved Mental Capacity Professional” means a person approved in accordance with Part 4 as an Approved Mental Capacity Professional for the purposes of this Schedule;\n\t- “arrangements” must be read in accordance with paragraph 2;\n\t- “authorisation” means authorisation of arrangements under this Schedule, and  “authorise” and related words are to be read accordingly;\n\t- “authorisation conditions” has the meaning given by paragraph 13;\n\t- “authorisation record” has the meaning given by paragraph 27;\n\t- “care home” means— a place which is a care home within the meaning given by section 3 of the Care Standards Act 2000, ora place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over;\n\t- “care home arrangements” means arrangements, in relation to a cared-for person aged 18 or over, carried out wholly or partly in a care home;\n\t- “care home manager”, in relation to a care home or care home arrangements, means— in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the care home, andin relation to Wales, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) in respect of the provision of a care home service, in the care home;\n\t- “cared-for person” has the meaning given by paragraph 2(1);\n\t- ...\n\t- “Education, Health and Care plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014;\n\t- “English responsible body” has the meaning given by paragraph 11;\n\t- “hospital manager” has the meaning given by paragraph 7;\n\t- “independent hospital” has the meaning given by paragraph 5;\n\t- “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;\n\t- “local authority” has the meaning given by paragraph 4;\n\t- “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;\n\t- “mental disorder” has the meaning given by section 1(2) of the Mental Health Act;\n\t- “mental health arrangements” has the meaning given by paragraph 46;\n\t- “mental health requirements” has the meaning given by paragraph 57;\n\t- “NHS hospital” has the meaning given by paragraph 5;\n\t- “responsible body” has the meaning given by paragraph 6;\n\t- “specified”, except in paragraph 57, means specified in an authorisation record;\n\t- “Welsh responsible body” has the meaning given by paragraph 12.*Local authority*\n\n4) \n1) “Local authority” means— \n\ta) in England— \n\t\ti) the council of a county; \n\t\tii) the council of a district for which there is no county council; \n\t\tiii) the council of a London borough; \n\t\tiv) the Common Council of the City of London; \n\t\tv) the Council of the Isles of Scilly; \n\tb) in Wales, the council of a county or county borough. \n2) For the purposes of this Schedule the area of the Common Council of the City of London is to be treated as including the Inner Temple and the Middle Temple. *NHS hospital and independent hospital*\n\n5) \n1) “NHS hospital” means— \n\ta) a health service hospital as defined by section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006, or \n\tb) a hospital as defined by section 206 of the National Health Service (Wales) Act 2006 vested in a Local Health Board. \n2) “Independent hospital”— \n\ta) in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not an NHS hospital, and \n\tb) in relation to Wales, means a hospital as defined by section 2 of the Care Standards Act 2000 that is not an NHS hospital. *Responsible body*\n\n6) \n1) The responsible body, in relation to a cared-for person, means— \n\ta) if the arrangements are carried out mainly in an NHS hospital, the hospital manager; \n\tb) if the arrangements are carried out mainly in an independent hospital in England, the responsible local authority determined in accordance with paragraph 9; \n\tc) if the arrangements are carried out mainly in an independent hospital in Wales, the Local Health Board for the area in which the hospital is situated; \n\td) if none of paragraphs (a) to (c) applies and the arrangements are carried out mainly through— \n\t\ti) the provision of NHS continuing healthcare under arrangements made by an integrated care board , or \n\t\tii) in Wales, the provision of an equivalent to NHS continuing healthcare under arrangements made by a Local Health Board, that integrated care board or Local Health Board; \n\te) if none of paragraphs (a) to (d) applies, the responsible local authority determined in accordance with paragraph 10. \n2) If an independent hospital is situated in the areas of two or more Local Health Boards, it is to be regarded for the purposes of sub-paragraph (1)(c) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated. \n7) \n1) “Hospital manager”, in relation to an NHS hospital, means— \n\ta) if the hospital— \n\t\ti) is vested in a relevant national authority for the purposes of its functions under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006, or \n\t\tii) consists of any accommodation provided by a local authority and used as a hospital by or on behalf of a relevant national authority under either of those Acts, the Local Health Board or Special Health Authority responsible for the administration of the hospital; \n\tb) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State; \n\tc) if the hospital is vested in an NHS trust or an NHS foundation trust, that trust; \n\td) if the hospital is vested in a Local Health Board, that Board. \n2) In sub-paragraph (1)  “relevant national authority” means— \n\ta) the Secretary of State, \n\tb) the Welsh Ministers, or \n\tc) the Secretary of State and the Welsh Ministers acting jointly. \n8) In paragraph 6(1)(d)  “NHS continuing healthcare” is to be construed in accordance with standing rules under section 6E of the National Health Service Act 2006. \n9) \n1) In paragraph 6(1)(b),  “responsible local authority”, in relation to a cared-for person aged 18 or over, means— \n\ta) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan; \n\tb) if paragraph (a) does not apply and the cared-for person has needs for care and support which are being met under Part 1 of the Care Act 2014, the local authority meeting those needs; \n\tc) in any other case, the local authority determined in accordance with sub-paragraph (4). \n2) If more than one local authority is meeting the needs of a cared-for person for care and support under Part 1 of the Care Act 2014 the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Part of that Act. \n3) In paragraph 6(1)(b),  “responsible local authority”, in relation to a cared-for person aged 16 or 17, means— \n\ta) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan; \n\tb) if paragraph (a) does not apply and the cared-for person is being provided with accommodation under section 20 of the Children Act 1989, the local authority providing that accommodation; \n\tc) if neither paragraph (a) nor paragraph (b) applies and the cared-for person is subject to a care order under section 31 of the Children Act 1989 or an interim care order under section 38 of that Act, and a local authority in England is responsible under the order for the care of the cared-for person, that local authority; \n\td) if none of paragraphs (a) to (c) applies, the local authority determined in accordance with sub-paragraph (4). \n4) In the cases mentioned in sub-paragraphs (1)(c) and (3)(d), the  “responsible local authority” is the local authority for the area in which the independent hospital mentioned in paragraph 6(1)(b) is situated. \n5) If an independent hospital is situated in the areas of two or more local authorities, it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated. \n10) \n1) In paragraph 6(1)(e),  “responsible local authority”, in relation to a cared-for person aged 18 or over, means— \n\ta) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan; \n\tb) if there is an individual development plan for the cared-for person— \n\t\ti) the local authority responsible for maintaining that plan, or \n\t\tii) if the plan is not maintained by a local authority, the local authority whose area the cared-for person is in; \n\tc) if neither paragraph (a) nor paragraph (b) applies and the cared-for person has needs for care and support which are being met under Part 1 of the Care Act 2014 or under Part 4 of the Social Services and Well-being (Wales) Act 2014 (anaw 4), the local authority meeting those needs; \n\td) in any other case, the local authority determined in accordance with sub-paragraph (6). \n2) If more than one local authority is meeting the needs of a cared-for person for care and support under Part 1 of the Care Act 2014 the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Part of that Act. \n3) If more than one local authority is meeting the needs for care and support of a cared-for person under the Social Services and Well-being (Wales) Act 2014 (anaw 4), the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Act. \n4) If the cared-for person is having needs for care and support met under both of the Acts mentioned in sub-paragraph (1)(c), the responsible local authority is the local authority determined in accordance with sub-paragraph (6). \n5) In paragraph 6(1)(e),  “responsible local authority”, in relation to a cared-for person aged 16 or 17, means— \n\ta) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan; \n\tb) if there is an individual development plan for the cared-for person— \n\t\ti) the local authority responsible for maintaining that plan, or \n\t\tii) if the plan is not maintained by a local authority, the local authority whose area the cared-for person is in; \n\tc) if neither paragraph (a) nor paragraph (b) applies and the cared-for person is being provided with accommodation— \n\t\ti) under section 20 of the Children Act 1989, or \n\t\tii) under section 76 of the Social Services and Well-being (Wales) Act 2014 (anaw 4), the local authority providing that accommodation; \n\td) if none of paragraphs (a) to (c) applies and the cared-for person is subject to a care order under section 31 of the Children Act 1989 or an interim care order under section 38 of that Act, the local authority that is responsible under the order for the care of the cared-for person; \n\te) if none of paragraphs (a) to (d) applies, the local authority determined in accordance with sub-paragraph (6). \n6) In the cases mentioned in sub-paragraphs (1)(d), (4) and (5)(e), the  “responsible local authority” is— \n\ta) if the arrangements provide for the cared-for person to reside in one place, the local authority for the area in which that place is situated; \n\tb) if the arrangements provide for the cared-for person to reside in more than one place, the local authority for the area in which the main place of residence is situated; \n\tc) in any other case, the local authority for the area in which the arrangements are mainly carried out. \n7) If a building is situated in the areas of two or more local authorities, it is to be regarded for the purposes of sub-paragraph (6) as situated in whichever of the areas the greater (or greatest) part of the building is situated. \n8) In this paragraph— “individual development plan” means a plan within the meaning of section 10 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2). \n11) “English responsible body” means— \n\ta) a hospital manager of a hospital in England; \n\tb) an integrated care board; \n\tc) a local authority in England. \n12) “Welsh responsible body” means— \n\ta) a hospital manager of a hospital in Wales; \n\tb) a Local Heath Board; \n\tc) a local authority in Wales. ## Part 2\n## Authorisation of arrangements\n\n*The authorisation conditions*\n\n13) The authorisation conditions are that— \n\ta) the cared-for person lacks capacity to consent to the arrangements, \n\tb) the cared-for person has a mental disorder, and \n\tc) the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person. *Rights to information etc*\n\n14) \n1) The following must publish information about authorisation of arrangements under this Schedule— \n\ta) the hospital manager of each NHS hospital; \n\tb) each integrated care board; \n\tc) each Local Health Board; \n\td) each local authority. \n2) The information must include information on the following matters in particular— \n\ta) the effect of an authorisation; \n\tb) the process for authorising arrangements, including making or carrying out— \n\t\ti) assessments and determinations required under paragraphs 21 and 22; \n\t\tii) consultation under paragraph 23; \n\t\tiii) a pre-authorisation review (see paragraphs 24 to 26); \n\tc) the circumstances in which an independent mental capacity advocate should be appointed under paragraph 42 or 43; \n\td) the role of a person within paragraph 42(5) (an  “appropriate person”) in relation to a cared-for person and the effect of there being an appropriate person; \n\te) the circumstances in which a pre-authorisation review is to be carried out by an Approved Mental Capacity Professional under paragraph 24; \n\tf) the right to make an application to the court to exercise its jurisdiction under section 21ZA; \n\tg) reviews under paragraph 38, including— \n\t\ti) when a review will be carried out; \n\t\tii) the rights to request a review; \n\t\tiii) the circumstances in which a referral may or will be made to an Approved Mental Capacity Professional. \n3) The information must be accessible to, and appropriate to the needs of, cared-for persons and appropriate persons. \n15) \n1) Where arrangements are proposed, the responsible body must as soon as practicable take such steps as are practicable to ensure that— \n\ta) the cared-for person, and \n\tb) any appropriate person in relation to the cared-for person, understands the matters mentioned in sub-paragraph (3). \n2) If, subsequently, at any time while the arrangements are being proposed the responsible body becomes satisfied under paragraph 42(5) that a person is an appropriate person in relation to the cared-for person, the responsible body must, as soon as practicable, take such steps as are practicable to ensure that the appropriate person understands the matters mentioned in sub-paragraph (3). \n3) Those matters are— \n\ta) the nature of the arrangements, and \n\tb) the matters mentioned in paragraph 14(2) as they apply in relation to the cared-for person's case. \n4) If it is not appropriate to take steps to ensure that the cared-for person or any appropriate person understands a particular matter then, to that extent, the duties in sub-paragraphs (1) and (2) do not apply. \n5) In this paragraph  “appropriate person”, in relation to a cared-for person, means a person within paragraph 42(5). \n16) \n1) After authorising arrangements the responsible body must, without delay, arrange for a copy of the authorisation record to be given or sent to— \n\ta) the cared-for person, \n\tb) any independent mental capacity advocate appointed under paragraph 42 to represent and support the cared-for person, \n\tc) any person within paragraph 42(5) in respect of the cared-for person (the  “appropriate person”), and \n\td) any independent mental capacity advocate appointed under paragraph 43 to support the appropriate person. \n2) If the responsible body has not, within 72 hours of arrangements being authorised, arranged for a copy of the authorisation record to be given or sent to each of the persons mentioned in paragraphs (a) to (d) of sub-paragraph (1), the responsible body must review and record why not. \n3) As soon as practicable after authorising arrangements, the responsible body must take such steps as are practicable and appropriate, having regard to the steps taken under paragraph 15 and the length of time since they were taken, to ensure that the cared-for person and any appropriate person understands the matters mentioned in paragraph 14(2)(a), (c), (d), (f), and (g) as they apply in relation to the cared-for person's case. *Authorisation*\n\n17) The responsible body may authorise arrangements— \n\ta) under paragraph 18, if the conditions in that paragraph are met, or \n\tb) under paragraph 19 if— \n\t\ti) the arrangements are care home arrangements, \n\t\tii) the responsible body decides that authorisation should be determined under that paragraph instead of under paragraph 18, and \n\t\tiii) the conditions in paragraph 19 are met. \n18) The conditions in this paragraph are that— \n\ta) the responsible body is satisfied that this Schedule applies to the arrangements, \n\tb) the responsible body is satisfied, on the basis of the determinations required by paragraphs 21 and 22, that the authorisation conditions are met, \n\tc) the responsible body has carried out consultation under paragraph 23, \n\td) the responsible body is satisfied that any requirement under paragraph 42 or 43, that arises in relation to the arrangements before they are authorised, has been complied with, \n\te) a pre-authorisation review, arranged by the responsible body, has been carried out in accordance with paragraphs 24 to 26, \n\tf) the person carrying out the review has determined— \n\t\ti) under paragraph 25, that the authorisation conditions are met, or \n\t\tii) under paragraph 26, that it is reasonable for the responsible body to conclude that those conditions are met, and \n\tg) a draft authorisation record has been prepared in accordance with paragraph 27. \n19) The conditions in this paragraph are that— \n\ta) the care home manager has provided the responsible body with a statement in accordance with paragraph 20, \n\tb) having regard to the statement (and the accompanying material), the responsible body is satisfied— \n\t\ti) that this Schedule applies to the arrangements, \n\t\tii) that the authorisation conditions are met, and \n\t\tiii) that the care home manager has carried out consultation under paragraph 23, \n\tc) the responsible body is satisfied that any requirement under paragraph 42 or 43, that arises in relation to the arrangements before they are authorised, has been complied with, \n\td) a pre-authorisation review, arranged by the responsible body, has been carried out in accordance with paragraphs 24 to 26, and \n\te) the person carrying out the review has determined— \n\t\ti) under paragraph 25, that the authorisation conditions are met, or \n\t\tii) under paragraph 26, that it is reasonable for the responsible body to conclude that those conditions are met. \n20) \n1) A statement for the purposes of paragraph 19(a) is a statement in writing by the care home manager— \n\ta) that the cared-for person is aged 18 or over, \n\tb) that the arrangements give rise to a deprivation of the cared-for person's liberty, \n\tc) that the arrangements are not excluded by Part 7, \n\td) that the determinations required by paragraphs 21 and 22 have been made, \n\te) that the care home manager has carried out consultation under paragraph 23, and \n\tf) that the care home manager— \n\t\ti) is satisfied that paragraph 24(2)(a) or (b) applies, \n\t\tii) is satisfied that neither applies, or \n\t\tiii) is not satisfied that a decision can be made as to whether either applies. \n2) The statement— \n\ta) must include the reasons for what is stated under sub-paragraph (1)(b) and (f); \n\tb) must be accompanied by— \n\t\ti) a record of the assessments on which the determinations required by paragraphs 21 and 22 were made, \n\t\tii) evidence of the consultation mentioned in sub-paragraph (1)(e), and \n\t\tiii) a draft authorisation record prepared in accordance with paragraph 27. *Determinations made on capacity and medical assessments*\n\n21) \n1) The determinations required by this paragraph are— \n\ta) a determination made on an assessment in respect of the cared-for person, that the person lacks capacity to consent to the arrangements, and \n\tb) a determination made on an assessment in respect of the cared-for person, that the person has a mental disorder. \n2) The person who makes the determination need not be the same as the person who carries out the assessment. \n3) The appropriate authority may by regulations make provision for requirements which must be met by a person— \n\ta) making a determination, or \n\tb) carrying out an assessment, under this paragraph. \n4) Regulations under sub-paragraph (3) may make different provision— \n\ta) for determinations and assessments, and \n\tb) for determinations and assessments required under sub-paragraph (1)(a) and determinations and assessments required under sub-paragraph (1)(b). \n5) But if the arrangements are care home arrangements and authorisation is being determined under paragraph 19, an assessment may not be carried out by a person who has a connection, of a kind prescribed by regulations, with a care home. \n6) Regulations made by the appropriate authority under sub-paragraph (5)— \n\ta) may make provision about a connection of any kind (financial or otherwise), and \n\tb) may make different provision for assessments under sub-paragraph (1)(a) and sub-paragraph (1)(b). \n7) The  “appropriate authority” means— \n\ta) where the determination or assessment is in relation to an authorisation by an English responsible body, the Secretary of State, and \n\tb) where the determination or assessment is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers. \n8) An assessment may be one carried out for an earlier authorisation or for any other purpose, provided that it appears to the relevant person that it is reasonable to rely on the assessment. \n9) The relevant person must have regard to— \n\ta) the length of time since the assessment was carried out; \n\tb) the purpose for which the assessment was carried out; \n\tc) whether there has been a change in the cared-for person's condition that is likely to affect the determination made on the assessment. \n10) In this paragraph  “relevant person” means— \n\ta) the care home manager, if the arrangements are care home arrangements and authorisation is being determined under paragraph 19, or \n\tb) the responsible body, in any other case. *Determination that arrangements are necessary and proportionate*\n\n22) \n1) The determination required by this paragraph is a determination by a person, who meets requirements prescribed by regulations made by the appropriate authority, made on an assessment by that person that the arrangements are necessary to prevent harm to the cared-for person and proportionate in relation to the likelihood and seriousness of harm to the cared-for person. \n2) When making a determination under this paragraph regard must be had (amongst other matters) to the cared-for person's wishes and feelings in relation to the arrangements. \n3) If the arrangements are care home arrangements and authorisation is being determined under paragraph 19, a determination may not be made by a person who has a connection, of a kind prescribed by regulations, with a care home. \n4) Regulations made by the appropriate authority under sub-paragraph (3) may make provision about a connection of any kind (financial or otherwise). \n5) The  “appropriate authority” means— \n\ta) where the determination is in relation to an authorisation by an English responsible body, the Secretary of State, and \n\tb) where the determination is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers. *Consultation*\n\n23) \n1) Consultation under this paragraph must be carried out— \n\ta) if the arrangements are care home arrangements and— \n\t\ti) authorisation is being determined under paragraph 19, or \n\t\tii) renewal is being determined under paragraph 35, by the care home manager; \n\tb) otherwise, by the responsible body. \n2) The following must be consulted— \n\ta) the cared-for person, \n\tb) anyone named by the cared-for person as someone to be consulted about arrangements of the kind in question, \n\tc) anyone engaged in caring for the cared-for person or interested in the cared-for person's welfare, \n\td) any donee of a lasting power of attorney or an enduring power of attorney (within the meaning of Schedule 4) granted by the cared-for person, \n\te) any deputy appointed for the cared-for person by the court, and \n\tf) any appropriate person and any independent mental capacity advocate concerned (see Part 5). \n3) The main purpose of the consultation required by sub-paragraph (2) is to try to ascertain the cared-for person's wishes or feelings in relation to the arrangements. \n4) If it is not practicable or appropriate to consult a particular person falling within sub-paragraph (2) the duty to consult that person does not apply. *Pre-authorisation review*\n\n24) \n1) A pre-authorisation review for the purposes of paragraph 18(e) or 19(d) must not be by— \n\ta) a person who is involved— \n\t\ti) in the day-to-day care of the cared-for person, or \n\t\tii) in providing any treatment to the cared-for person, or \n\tb) a person who has a connection, of a kind prescribed by regulations, with a care home. \n2) The review must be by an Approved Mental Capacity Professional if— \n\ta) the arrangements provide for the cared-for person to reside in a particular place, and it is reasonable to believe that the cared-for person does not wish to reside in that place, \n\tb) the arrangements provide for the cared-for person to receive care or treatment at a particular place, and it is reasonable to believe that the cared-for person does not wish to receive care or treatment at that place, \n\tc) the arrangements provide for the cared-for person to receive care or treatment mainly in an independent hospital, or \n\td) the case is referred by the responsible body to an Approved Mental Capacity Professional and that person accepts the referral. \n3) In determining whether either of paragraph (a) or (b) of sub-paragraph (2) applies, the responsible body must consider the views of any relevant person about the wishes of the cared-for person that are brought to the responsible body's attention. \n4) In sub-paragraph (3)  “relevant person” means a person engaged in caring for the cared-for person or a person interested in the cared-for person's welfare. \n5) Regulations made by the appropriate authority under sub-paragraph (1)(b) may make provision about a connection of any kind (financial or otherwise). \n6) The  “appropriate authority” means— \n\ta) where the pre-authorisation review is in relation to an authorisation by an English responsible body, the Secretary of State, and \n\tb) where the pre-authorisation review is in relation to an authorisation by a Welsh responsible body, the Welsh Ministers. \n25) \n1) If the review is by an Approved Mental Capacity Professional, the Approved Mental Capacity Professional must— \n\ta) review the information on which the responsible body relies, and \n\tb) determine whether the authorisation conditions are met. \n2) Before making the determination the Approved Mental Capacity Professional must— \n\ta) meet with the cared-for person, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so, and \n\tb) consult any other person listed in paragraph 23(2), or take any other action, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so. \n26) If the review is not by an Approved Mental Capacity Professional, the person carrying out the review must— \n\ta) review the information on which the responsible body relies, and \n\tb) determine whether it is reasonable for the responsible body to conclude that the authorisation conditions are met. *Authorisation record*\n\n27) \n1) An authorisation record is a record relating to a cared-for person, specifying all arrangements authorised for the time being, and the responsible body for the time being, for that person, and specifying in relation to any arrangements— \n\ta) the time from which the authorisation has effect, and when it is to cease to have effect under paragraph 29(1), (2) or (3), \n\tb) the programme for reviewing the authorisation, \n\tc) how the requirements of Part 5 are complied with, and \n\td) anything else this Schedule requires to be specified. \n2) An authorisation record may include any other information. \n3) When the responsible body authorises arrangements the draft authorisation record required by paragraph 18(g) or 20(2)(b)(iii)— \n\ta) becomes the authorisation record, and \n\tb) supersedes any earlier authorisation record. \n4) The responsible body must revise the authorisation record if there is any change in any of the matters that are specified or required to be specified in it. ## Part 3\n## Duration, renewal, variation and review of authorisation\n\n*Time for which authorisation has effect*\n\n28) \n1) An authorisation has effect from the time at which the responsible body gives the authorisation, unless at that time the responsible body specifies a later time. \n2) The time specified must not be later than the end of the period of 28 days beginning with the day on which the responsible body gives the authorisation. \n29) \n1) An authorisation ceases to have effect (if not renewed)— \n\ta) at the end of the period of 12 months beginning with the day it first has effect, or \n\tb) at the end of any shorter period specified by the responsible body at the time it gives the authorisation. \n2) If the authorisation is renewed in accordance with paragraph 32, it ceases to have effect at the end of the renewal period. \n3) If the responsible body at any time determines that an authorisation is to cease to have effect from any earlier day, it ceases to have effect from that day. \n4) An authorisation ceases to have effect if, at any time, the responsible body believes or ought reasonably to suspect that any of the authorisation conditions are not met. \n5) An authorisation ceases to have effect in relation to arrangements so far as at any time they are not in accordance with mental health requirements. *Notification that arrangements have ceased to have effect*\n\n30) If an authorisation of arrangements ceases to have effect (in whole or in part) under paragraph 29(4) or (5), the responsible body must take reasonable steps to ensure any person likely to be carrying out the arrangements is notified. *Authorisation coming to an end early: arrangements to be treated as authorised*\n\n31) \n1) This paragraph applies if an authorisation ceases to have effect (in whole or in part) under paragraph 29(4) or (5). \n2) For the purposes of section 4C (carrying out of authorised arrangements: restriction of liability) the arrangements are to be treated as authorised unless the person carrying out the arrangements knows or ought to know that— \n\ta) the arrangements are no longer authorised, \n\tb) any of the authorisation conditions are not met, or \n\tc) the arrangements are not in accordance with mental health requirements. *Renewal*\n\n32) \n1) The responsible body may, on one or more occasions, renew an authorisation in accordance with paragraph 34 or 35 for a specified period (“the renewal period”) of— \n\ta) 12 months or less, on the first renewal, and \n\tb) 3 years or less, on any subsequent renewal. \n2) An authorisation which has ceased to have effect cannot be renewed. \n33) The responsible body may renew an authorisation— \n\ta) under paragraph 34, if the conditions in that paragraph are met, or \n\tb) under paragraph 35 if— \n\t\ti) the authorisation relates to care home arrangements, \n\t\tii) the responsible body decides that renewal should be determined under that paragraph instead of under paragraph 34, and \n\t\tiii) the conditions in paragraph 35 are met. \n34) The conditions in this paragraph are that— \n\ta) the responsible body is satisfied— \n\t\ti) that the authorisation conditions continue to be met, and \n\t\tii) that it is unlikely that there will be any significant change in the cared-for person's condition during the renewal period which would affect whether those conditions are met, and \n\tb) the responsible body has carried out consultation under paragraph 23. \n35) The conditions in this paragraph are that— \n\ta) the care home manager has provided the responsible body with a statement in accordance with paragraph 36, and \n\tb) having regard to the statement (and the accompanying material), the responsible body is satisfied— \n\t\ti) that the authorisation conditions continue to be met, \n\t\tii) that it is unlikely that there will be any significant change in the cared-for person's condition during the renewal period which would affect whether those conditions are met, and \n\t\tiii) that the care home manager has carried out consultation under paragraph 23. \n36) \n1) A statement for the purposes of paragraph 35(a) is a statement in writing by the care home manager— \n\ta) that the authorisation conditions continue to be met, \n\tb) that it is unlikely that there will be any significant change in the cared-for person's condition during the renewal period which would affect whether those conditions are met, and \n\tc) that the care home manager has carried out consultation under paragraph 23. \n2) The statement must be accompanied by evidence of the consultation. *Variation*\n\n37) The responsible body may vary an authorisation if the responsible body is satisfied— \n\ta) that consultation under paragraph 23 has been carried out, and \n\tb) that it is reasonable to make the variation. *Reviews*\n\n38) \n1) In this paragraph  “the reviewer” means the responsible body unless, in relation to care home arrangements, the responsible body decides the care home manager should be the reviewer for the purposes of this paragraph. \n2) For any authorisation the responsible body must specify a programme of regular reviews that the reviewer must carry out. \n3) The reviewer must also carry out a review— \n\ta) on a variation under paragraph 37; \n\tb) if a reasonable request is made by a person with an interest in the arrangements; \n\tc) if the cared-for person becomes subject to mental health arrangements; \n\td) if the cared-for person becomes subject to mental health requirements; \n\te) if sub-paragraph (5) or (7) applies; \n\tf) if (in any other case) the reviewer becomes aware of a significant change in the cared-for person's condition or circumstances. \n4) A review under sub-paragraph (3)(a) must be carried out before the authorisation is varied or, if that is not practicable or appropriate, as soon as practicable afterwards. \n5) This sub-paragraph applies where— \n\ta) the arrangements provide for the cared-for person to reside in, or to receive care or treatment at, a specified place, \n\tb) the reviewer becomes aware that the cared-for person does not wish to reside in, or to receive care or treatment at, that place, and \n\tc) the pre-authorisation review under paragraph 24— \n\t\ti) was not by an Approved Mental Capacity Professional, or \n\t\tii) was by an Approved Mental Capacity Professional solely because paragraph 24(2)(c) or (d) applied. \n6) For the purposes of sub-paragraph (5)(b)— \n\ta) the reviewer must consider all the circumstances so far as they are reasonably ascertainable, including the cared-for person's behaviour, wishes, feelings, views, beliefs and values, but \n\tb) circumstances from the past are to be considered only so far as it is still appropriate to consider them. \n7) This sub-paragraph applies where sub-paragraph (5) does not apply and— \n\ta) the arrangements provide for the cared-for person to reside in, or to receive care or treatment at, a specified place, \n\tb) a relevant person informs the reviewer or (if the reviewer is not the responsible body) the responsible body that they believe that the cared-for person does not wish to reside in, or to receive care or treatment at, that place, and \n\tc) the relevant person makes a reasonable request to the person informed under paragraph (b) for a review to be carried out. \n8) In sub-paragraph (7)  “relevant person” means a person engaged in caring for the cared-for person or a person interested in the cared-for person's welfare. \n9) The care home manager must report to the responsible body on any review the manager carries out. \n10) On any review where sub-paragraph (5) applies, the reviewer must refer the authorisation to an Approved Mental Capacity Professional for a determination as to whether the authorisation conditions are met. \n11) On any review where sub-paragraph (7) applies, the reviewer or (if the reviewer is not the responsible body) the responsible body may refer the authorisation to an Approved Mental Capacity Professional and, if the Approved Mental Capacity Professional accepts the referral, the Approved Mental Capacity Professional must determine whether the authorisation conditions are met. \n12) Before making the determination mentioned in sub-paragraph (10) or (11), the Approved Mental Capacity Professional must— \n\ta) review the authorisation, \n\tb) meet with the cared-for person, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so, and \n\tc) consult any other person listed in paragraph 23(2), or take any other action, if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so. ## Part 4\n## Approved Mental Capacity Professionals\n\n\n39) Each local authority must make arrangements— \n\ta) for persons to be approved as Approved Mental Capacity Professionals, and \n\tb) to ensure that enough Approved Mental Capacity Professionals are available for its area. \n40) \n1) The appropriate authority may by regulations— \n\ta) prescribe the criteria which must be met for a person to be eligible for approval as an Approved Mental Capacity Professional; \n\tb) prescribe matters which a local authority must or may take into account when deciding whether to approve a person as an Approved Mental Capacity Professional; \n\tc) provide for a prescribed body to approve training for persons who are, or who wish to become, Approved Mental Capacity Professionals. \n2) Regulations under sub-paragraph (1)(a) may include criteria relating to qualifications, training or experience. \n3) If regulations made by the Secretary of State under sub-paragraph (1)(c) provide for Social Work England to approve training, the regulations may— \n\ta) give Social Work England power to charge fees for approval; \n\tb) give Social Work England power to make rules in relation to the charging of fees; \n\tc) make provision in connection with the procedure for making those rules (including provision requiring Social Work England to obtain the Secretary of State's approval before making rules). \n4) Section 50(2) to (7) of the Children and Social Work Act 2017 apply for the purposes of sub-paragraph (3) as they apply for the purposes of that section. \n5) “Prescribed” means prescribed by the regulations. \n6) The  “appropriate authority” means— \n\ta) the Secretary of State, in relation to the approval of a person by, or a person approved by, a local authority whose area is in England, and \n\tb) the Welsh Ministers, in relation to the approval of a person by, or a person approved by, a local authority whose area is in Wales. ## Part 5\n## Appointment of IMCA\n\n*Appointment of Independent Mental Capacity Advocate*\n\n41) \n1) Paragraphs 42 and 43 apply to the responsible body at all times while arrangements are authorised or are being proposed. \n2) In those paragraphs  “IMCA” means an independent mental capacity advocate. \n42) \n1) The responsible body must take all reasonable steps to appoint an IMCA to represent and support the cared-for person if— \n\ta) sub-paragraph (2) or (3) provides that an IMCA should be appointed, and \n\tb) sub-paragraphs (4) and (5) do not apply. \n2) An IMCA should be appointed if the cared-for person— \n\ta) has capacity to consent to being represented and supported by an IMCA, and \n\tb) makes a request to the responsible body for an IMCA to be appointed. \n3) An IMCA should be appointed if— \n\ta) the cared-for person lacks capacity to consent to being represented and supported by an IMCA, unless \n\tb) the responsible body is satisfied that being represented and supported by an IMCA would not be in the cared-for person's best interests. \n4) This paragraph does not apply if an IMCA has been appointed under this paragraph and the appointment has not ceased to have effect. \n5) This paragraph does not apply if the responsible body is satisfied that there is a person (an  “appropriate person”) who— \n\ta) would be a suitable person to represent and support the cared-for person, \n\tb) consents to representing and supporting the cared-for person, and \n\tc) is not engaged in providing care or treatment for the cared-for person in a professional capacity. \n6) A person is not to be regarded as a suitable person unless— \n\ta) where the cared-for person has capacity to consent to being represented and supported by that person, the cared-for person does consent, or \n\tb) where the cared-for person lacks capacity to consent to being represented and supported by that person, the responsible body is satisfied that being represented and supported by that person would be in the cared-for person's best interests. \n43) \n1) If the cared-for person has an appropriate person, the responsible body must take all reasonable steps to appoint an IMCA to support the appropriate person if— \n\ta) sub-paragraph (2) or (3) provides that an IMCA should be appointed, and \n\tb) sub-paragraph (4) does not apply. \n2) An IMCA should be appointed if the appropriate person— \n\ta) has capacity to consent to being supported by an IMCA, and \n\tb) makes a request to the responsible body for an IMCA to be appointed. \n3) An IMCA should be appointed if— \n\ta) the appropriate person lacks capacity to consent to being supported by an IMCA, and \n\tb) the responsible body is satisfied the appropriate person's being supported by an IMCA would be in the cared-for person's best interests. \n4) This paragraph does not apply if an IMCA has been appointed under this paragraph and the appointment has not ceased to have effect. ## Part 6\n## Monitoring and reporting\n\n\n44) \n1) The appropriate authority may by regulations make provision for, and in connection with, requiring one or more bodies prescribed by the regulations to monitor, and report on, the operation of this Schedule. \n2) The regulations may include provision giving a prescribed body authority— \n\ta) to visit any place where arrangements authorised under this Schedule are carried out; \n\tb) to meet with cared-for persons; \n\tc) to require the production of, and to inspect, records relating to the care or treatment of persons. \n3) The  “appropriate authority” means— \n\ta) in relation to the operation of this Schedule in relation to England, the Secretary of State, and \n\tb) in relation to the operation of this Schedule in relation to Wales, the Welsh Ministers. ## Part 7\n## Excluded arrangements: mental health\n\n*Excluded arrangements*\n\n45) This Schedule does not apply to arrangements if— \n\ta) they are mental health arrangements (see paragraphs 46 to 56), or \n\tb) they are not in accordance with mental health requirements (see paragraph 57). *Kinds of mental health arrangements*\n\n46) For the purposes of this Schedule arrangements in relation to a person (“P”) are  “mental health arrangements” if paragraph 47, 48, 49, 50 or 51 applies. \n47) This paragraph applies if— \n\ta) P is subject to the hospital treatment regime, and \n\tb) P is detained in a hospital under that regime. \n48) This paragraph applies if— \n\ta) P is subject to the hospital treatment regime, \n\tb) P is not detained in a hospital under that regime, and \n\tc) the arrangements are for enabling medical treatment for mental disorder in a hospital. \n49) This paragraph applies if P is subject to— \n\ta) a community treatment order under section 17A of the Mental Health Act, or \n\tb) anything which has the same effect, under another England and Wales enactment, and the arrangements are for enabling medical treatment for mental disorder in a hospital. \n50) \n1) This paragraph applies if the following conditions are met. \n2) Condition 1 is that P is subject to— \n\ta) a guardianship application under section 7 of the Mental Health Act, \n\tb) a guardianship order under section 37 of that Act, or \n\tc) anything which has the same effect as something within paragraph (a) or (b), under another England and Wales enactment. \n3) Condition 2 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder. \n4) Condition 3 is that P objects— \n\ta) to being accommodated in a hospital for that purpose, or \n\tb) to being given some or all of that treatment. \n5) Condition 4 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects. \n6) For provision about determining whether P objects see paragraph 52. \n51) \n1) This paragraph applies if the following conditions are met. \n2) Condition 1 is that— \n\ta) an application in respect of P could be made under section 2 or 3 of the Mental Health Act, and \n\tb) P could be detained in a hospital in pursuance of such an application, were one made. \n3) Condition 2 is that P is not subject to any of these— \n\ta) the hospital treatment regime; \n\tb) a community treatment order under section 17A of the Mental Health Act; \n\tc) a guardianship application under section 7 of the Mental Health Act; \n\td) a guardianship order under section 37 of the Mental Health Act; \n\te) anything which has the same effect as something within paragraph (b), (c) or (d), under another England and Wales enactment. \n4) Condition 3 is that the arrangements are or include arrangements for P to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder. \n5) Condition 4 is that P objects— \n\ta) to being accommodated in a hospital for that purpose, or \n\tb) to being given some or all of that treatment. \n6) Condition 5 is that a donee or deputy has not made a valid decision to consent to each matter to which P objects. \n7) For provision about determining whether P objects see paragraph 52. \n52) \n1) In determining whether P objects, regard must be had to all the circumstances (so far as they are reasonably ascertainable), including the following— \n\ta) P's behaviour; \n\tb) P's wishes and feelings; \n\tc) P's views, beliefs and values. \n2) But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them. *Mental health arrangements: the hospital treatment regime*\n\n53) \n1) P is subject to the hospital treatment regime if P is subject to— \n\ta) an application, order or direction listed in column 1 of the Table, under the section of the Mental Health Act listed in column 2, or \n\tb) anything that has the same effect as any of those, under another England and Wales enactment, subject to sub-paragraph (2). \n2) P is not subject to the hospital treatment regime during any period for which P is subject to— \n\ta) a community treatment order under section 17A of the Mental Health Act, or \n\tb) anything which has the same effect, under another England and Wales enactment. ObligationMental Health Act sectionApplication for admission for assessmentSection 2Application for admission for assessmentSection 4Application for admission for treatmentSection 3Order for remand to hospitalSection 35Order for remand to hospitalSection 36Hospital orderSection 37Interim hospital orderSection 38Order for detention in hospitalSection 44Hospital directionSection 45ATransfer directionSection 47Transfer directionSection 48Hospital orderSection 51 *Mental health arrangements: other definitions*\n\n54) In this Part— \n\t- “donee” means a donee of a lasting power of attorney granted by P;\n\t- “England and Wales enactment” means an enactment, in the Mental Health Act or elsewhere, which extends to England and Wales (whether or not it also extends elsewhere);\n\t- “hospital” has the same meaning as in Part 2 of the Mental Health Act;\n\t- “learning disability” has the meaning given by section 1(4) of the Mental Health Act;\n\t- “medical treatment” is to be read in accordance with paragraph 55.\n55) In  “medical treatment for mental disorder”— \n\ta) “medical treatment” has the same meaning as in the Mental Health Act (see section 145(1) and (4)), but \n\tb) in the case of a person with learning disability, the medical treatment is not to be considered by reason of that disability to be for mental disorder unless the disability is associated with abnormally aggressive or seriously irresponsible conduct by that person. \n56) A decision of a donee or deputy is valid if it is made— \n\ta) within the scope of the person's authority as donee or deputy, and \n\tb) in accordance with Part 1 of this Act. *Mental health requirements*\n\n57) \n1) In this Schedule  “mental health requirements” means any of the following— \n\ta) a requirement imposed in respect of a person by a guardian exercising the power under section 8 of the Mental Health Act; \n\tb) a condition or direction imposed or given in respect of a person by a responsible clinician exercising the power under section 17 of the Mental Health Act (leave of absence from hospital); \n\tc) a condition specified by a responsible clinician in a community treatment order made in respect of a person under section 17A of the Mental Health Act (for the imposition of conditions, see section 17B of that Act); \n\td) a requirement imposed by a guardian in respect of a person who is the subject of a guardianship order under section 37 of the Mental Health Act (see section 40 of and Part 1 of Schedule 1 to that Act); \n\te) a condition imposed by the Secretary of State on the discharge from hospital of a person subject to a restriction order under section 42 of the Mental Health Act; \n\tf) a condition imposed by any of the persons or bodies listed in sub-paragraph (3) when a person is conditionally discharged under section 73 of the Mental Health Act; \n\tg) anything which has the same effect as something within any of paragraphs (a) to (f), under another England and Wales enactment. \n2) And, for the purposes of this Schedule, arrangements which relate to a person are  “not in accordance with mental health requirements” if the person is subject to mental health requirements and the arrangements are not in accordance with them. \n3) The persons or bodies for the purpose of sub-paragraph (1)(f) are— \n\ta) the First-tier Tribunal; \n\tb) the Mental Health Review Tribunal for Wales; \n\tc) the Secretary of State; \n\td) the Welsh Ministers. ## Part 8\n## Transitory provision\n\n\n58) Until the repeal of section 324 of the Education Act 1996 made by paragraph 4(1) and (9) of Schedule 1 to the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) comes fully into force— \n\ta) paragraph 10(1)(b) has effect as if there were substituted— \n\t\tb) if the cared-for person has an individual development plan or a statement of special educational needs— \n\t\t\ti) the local authority responsible for maintaining that plan or statement, or \n\t\t\tii) in the case of an individual development plan which is not maintained by a local authority, the local authority whose area the cared-for person is in; , \n\tb) paragraph 10(5)(b) has effect as if there were substituted— \n\t\tb) if the cared-for person has an individual development plan or a statement of special educational needs— \n\t\t\ti) the local authority responsible for maintaining that plan or statement, or \n\t\t\tii) in the case of an individual development plan which is not maintained by a local authority, the local authority whose area the cared-for person is in; , and \n\tc) paragraph 10(8) has effect as if at the end there were inserted— “statement of special educational needs” means a statement within the meaning of section 324 of the Education Act 1996.” ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/AA1",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/AA1",
    "legislation_id": "ukpga/2005/9",
    "title": "Deprivation of liberty: authorisation of arrangements enabling care and treatment",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.053501Z",
    "text": "Section 37) **Provision of serious medical treatment by NHS body**\n\n1) This section applies if an NHS body— \n\ta) is proposing to provide, or secure the provision of, serious medical treatment for a person (“P”) who lacks capacity to consent to the treatment, and \n\tb) is satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests. \n2) But this section does not apply if P's treatment is regulated by Part 4 or 4A  of the Mental Health Act. \n3) Before the treatment is provided, the NHS body must instruct an independent mental capacity advocate to represent P. \n4) If the treatment needs to be provided as a matter of urgency, it may be provided even though the NHS body has not been able to comply with subsection (3). \n5) The NHS body must, in providing or securing the provision of treatment for P, take into account any information given, or submissions made, by the independent mental capacity advocate. \n6) “Serious medical treatment” means treatment which involves providing, withholding or withdrawing treatment of a kind prescribed by regulations made by the appropriate authority. \n7) “NHS body” has such meaning as may be prescribed by regulations made for the purposes of this section by— \n\ta) the Secretary of State, in relation to bodies in England, or \n\tb) the National Assembly for Wales, in relation to bodies in Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/37",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/37",
    "legislation_id": "ukpga/2005/9",
    "title": "Provision of serious medical treatment by NHS body",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 37,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.131890Z",
    "text": "Section 65) **Rules, regulations and orders**\n\n1) Any power to make rules, regulations or orders under this Act , other than the power in section 21 — \n\ta) is exercisable by statutory instrument; \n\tb) includes power to make supplementary, incidental, consequential, transitional or saving provision; \n\tc) includes power to make different provision for different cases. \n2) Any statutory instrument containing rules, regulations or orders made by the Lord Chancellor or the Secretary of State under this Act, other than— \n\ta) regulations under section 34 (loss of capacity during research project), \n\tb) regulations under section 41 (adjusting role of independent mental capacity advocacy service), \n\tc) regulations under paragraph 32(1)(b) of Schedule 3 (private international law relating to the protection of adults), \n\td) an order of the kind mentioned in section 67(6)\n\t\t\t\t\t\t\t(consequential amendments of primary legislation), or \n\te) an order under section 68 (commencement), is subject to annulment in pursuance of a resolution of either House of Parliament. \n2A) Any statutory instrument containing regulations made by the Welsh Ministers under Schedule AA1 is subject to annulment in pursuance of a resolution of the National Assembly for Wales. \n3) A statutory instrument containing an Order in Council under paragraph 31 of Schedule 3 (provision to give further effect to Hague Convention) is subject to annulment in pursuance of a resolution of either House of Parliament. \n4) A statutory instrument containing regulations made by the Secretary of State under section 34 or 41 or by the Lord Chancellor under paragraph 32(1)(b) of Schedule 3 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. \n4A) Subsection (2) does not apply to a statutory instrument containing regulations made by the Secretary of State under Schedule A1. \n4B) If such a statutory instrument contains regulations under paragraph 42(2)(b), 129, 162 or 164 of Schedule A1 (whether or not it also contains other regulations), the instrument may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. \n4C) Subject to that, such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament. \n5) An order under section 21— \n\ta) may include supplementary, incidental, consequential, transitional or saving provision; \n\tb) may make different provision for different cases; \n\tc) is to be made in the form of a statutory instrument to which the Statutory Instruments Act 1946 applies as if the order were made by a Minister of the Crown; and \n\td) is subject to annulment in pursuance of a resolution of either House of Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/65",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/65",
    "legislation_id": "ukpga/2005/9",
    "title": "Rules, regulations and orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 65,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.027224Z",
    "text": "Section 28) **Mental Health Act matters**\n\n1) Nothing in this Act authorises anyone— \n\ta) to give a patient medical treatment for mental disorder, or \n\tb) to consent to a patient's being given medical treatment for mental disorder, if, at the time when it is proposed to treat the patient, his treatment is regulated by Part 4 of the Mental Health Act. \n1A) Subsection (1) does not apply in relation to any form of treatment to which section 58A of that Act (electro-convulsive therapy, etc.) applies if the patient comes within subsection (7) of that section (informal patient under 18 who cannot give consent). \n1B) Section 5 does not apply to an act to which section 64B of the Mental Health Act applies (treatment of community patients not recalled to hospital). \n2) “Medical treatment”,  “mental disorder” and  “patient” have the same meaning as in that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/28",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/28",
    "legislation_id": "ukpga/2005/9",
    "title": "Mental Health Act matters",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 28,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.988856Z",
    "text": "Section 15) **Power to make declarations**\n\n1) The court may make declarations as to— \n\ta) whether a person has or lacks capacity to make a decision specified in the declaration; \n\tb) whether a person has or lacks capacity to make decisions on such matters as are described in the declaration; \n\tc) the lawfulness or otherwise of any act done, or yet to be done, in relation to that person. \n2) “Act” includes an omission and a course of conduct. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/15",
    "legislation_id": "ukpga/2005/9",
    "title": "Power to make declarations",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.128386Z",
    "text": "Section 64) **Interpretation**\n\n1) In this Act— \n\t- “the 1985 Act” means the Enduring Powers of Attorney Act 1985 (c. 29),\n\t- “advance decision” has the meaning given in section 24(1),\n\t- “authorisation under Schedule A1”means either— a standard authorisation under that Schedule, oran urgent authorisation under that Schedule.\n\t- “the court” means the Court of Protection established by section 45,\n\t- “Court of Protection Rules” has the meaning given in section 51(1),\n\t- “Court of Protection Visitor” has the meaning given in section 61,\n\t- “deputy” has the meaning given in section 16(2)(b),\n\t- “enactment” includes a provision of subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)),\n\t- “health record” has the same meaning as in the Data Protection Act 2018 (see section 205 of that Act);\n\t- “the Human Rights Convention” has the same meaning as  “the Convention” in the Human Rights Act 1998 (c. 42),\n\t- “independent mental capacity advocate” has the meaning given in section 35(1),\n\t- “lasting power of attorney” has the meaning given in section 9,\n\t- “life-sustaining treatment” has the meaning given in section 4(10),\n\t- “local authority” , except in section 35(6A)(a) and Schedule A1, means— the council of a county in England in which there are no district councils,the council of a district in England,the council of a county or county borough in Wales,the council of a London borough,the Common Council of the City of London, orthe Council of the Isles of Scilly,\n\t- “Mental Health Act” means the Mental Health Act 1983 (c. 20),\n\t- “prescribed”, in relation to regulations made under this Act, means prescribed by those regulations,\n\t- “property” includes any thing in action and any interest in real or personal property,\n\t- “public authority” has the same meaning as in the Human Rights Act 1998,\n\t- “Public Guardian” has the meaning given in section 57,\n\t- “purchaser” and  “purchase” have the meaning given in section 205(1) of the Law of Property Act 1925 (c. 20),\n\t- “social services function” — in relation to England has the meaning given in section 1A of the Local Authority Social Services Act 1970 (c. 42),in relation to Wales, has the meaning given in section 143 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).\n\t- “treatment” includes a diagnostic or other procedure,\n\t- “trust corporation” has the meaning given in section 68(1) of the Trustee Act 1925 (c. 19), and\n\t- “will” includes codicil.\n2) In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made. \n3) In this Act, references to the bankruptcy of an individual include a case where a bankruptcy restrictions order under the Insolvency Act 1986 (c. 45) has effect in respect of him. \n3A) In this Act references to a debt relief order (under Part 7A of the Insolvency Act 1986) being made in relation to an individual include a case where a debt relief restrictions order under the Insolvency Act 1986 has effect in respect of him. \n4) “Bankruptcy restrictions order” includes an interim bankruptcy restrictions order. \n4A)  “Debt relief restrictions order” includes an interim debt relief restrictions order. \n5) In this Act, references to deprivation of a person's liberty have the same meaning as in Article 5(1) of the Human Rights Convention. \n6) For the purposes of such references, it does not matter whether a person is deprived of his liberty by a public authority or not. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/64",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/64",
    "legislation_id": "ukpga/2005/9",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 64,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.067974Z",
    "text": "Section 39A) **Person becomes subject to Schedule A1**\n\n1) This section applies if— \n\ta) a person (“P”) becomes subject to Schedule A1, and \n\tb) the managing authority of the relevant hospital or care home are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests. \n2) The managing authority must notify the supervisory body that this section applies. \n3) The supervisory body must instruct an independent mental capacity advocate to represent P. \n4) Schedule A1 makes provision about the role of an independent mental capacity advocate appointed under this section. \n5) This section is subject to paragraph 161 of Schedule A1. \n6) For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/39A",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/39A",
    "legislation_id": "ukpga/2005/9",
    "title": "Person becomes subject to Schedule A1",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.081845Z",
    "text": "Section 41) **Power to adjust role of independent mental capacity advocate**\n\n1) The appropriate authority may make regulations— \n\ta) expanding the role of independent mental capacity advocates in relation to persons who lack capacity, and \n\tb) adjusting the obligation to make arrangements imposed by section 35. \n2) The regulations may, in particular— \n\ta) prescribe circumstances (different to those set out in sections 37, 38 and 39) in which an independent mental capacity advocate must, or circumstances in which one may, be instructed by a person of a prescribed description to represent a person who lacks capacity, and \n\tb) include provision similar to any made by section 37, 38, 39 or 40. \n3) “Appropriate authority” has the same meaning as in section 35. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/41",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/41",
    "legislation_id": "ukpga/2005/9",
    "title": "Power to adjust role of independent mental capacity advocate",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 41,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.459979Z",
    "text": "SCHEDULE 4 Provisions applying to existing enduring powers of attorney Section 66(3) ## Part 1\n## Enduring powers of attorney\n\n*Enduring power of attorney to survive mental incapacity of donor*\n\n1) \n1) Where an individual has created a power of attorney which is an enduring power within the meaning of this Schedule— \n\ta) the power is not revoked by any subsequent mental incapacity of his, \n\tb) upon such incapacity supervening, the donee of the power may not do anything under the authority of the power except as provided by sub-paragraph (2) unless or until the instrument creating the power is registered under paragraph 13, and \n\tc) if and so long as paragraph (b) operates to suspend the donee's authority to act under the power, section 5 of the Powers of Attorney Act 1971 (c. 27) (protection of donee and third persons), so far as applicable, applies as if the power had been revoked by the donor's mental incapacity, and, accordingly, section 1 of this Act does not apply. \n2) Despite sub-paragraph (1)(b), where the attorney has made an application for registration of the instrument then, until it is registered, the attorney may take action under the power— \n\ta) to maintain the donor or prevent loss to his estate, or \n\tb) to maintain himself or other persons in so far as paragraph 3(2) permits him to do so. \n3) Where the attorney purports to act as provided by sub-paragraph (2) then, in favour of a person who deals with him without knowledge that the attorney is acting otherwise than in accordance with sub-paragraph (2)(a) or (b), the transaction between them is as valid as if the attorney were acting in accordance with sub-paragraph (2)(a) or (b). *Characteristics of an enduring power of attorney*\n\n2) \n1) Subject to sub-paragraphs (5) and (6) and paragraph 20, a power of attorney is an enduring power within the meaning of this Schedule if the instrument which creates the power— \n\ta) is in the prescribed form, \n\tb) was executed in the prescribed manner by the donor and the attorney, and \n\tc) incorporated at the time of execution by the donor the prescribed explanatory information. \n2) In this paragraph,  “prescribed” means prescribed by such of the following regulations as applied when the instrument was executed— \n\ta) the Enduring Powers of Attorney (Prescribed Form) Regulations 1986 (S.I. 1986/126), \n\tb) the Enduring Powers of Attorney (Prescribed Form) Regulations 1987 (S.I. 1987/1612), \n\tc) the Enduring Powers of Attorney (Prescribed Form) Regulations 1990 (S.I. 1990/1376), \n\td) the Enduring Powers of Attorney (Welsh Language Prescribed Form) Regulations 2000 (S.I. 2000/289). \n3) An instrument in the prescribed form purporting to have been executed in the prescribed manner is to be taken, in the absence of evidence to the contrary, to be a document which incorporated at the time of execution by the donor the prescribed explanatory information. \n4) If an instrument differs in an immaterial respect in form or mode of expression from the prescribed form it is to be treated as sufficient in point of form and expression. \n5) A power of attorney cannot be an enduring power unless, when he executes the instrument creating it, the attorney is— \n\ta) an individual who has reached 18 and is not bankrupt or is not subject to a debt relief order (under Part 7A of the Insolvency Act 1986) , or \n\tb) a trust corporation. \n6) A power of attorney which gives the attorney a right to appoint a substitute or successor cannot be an enduring power. \n7) An enduring power is revoked by the bankruptcy of the donor or attorney or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney . \n8) But where the donor or attorney is bankrupt merely because an interim bankruptcy restrictions order has effect in respect of him or where the donor or attorney is subject to an interim debt relief restrictions order , the power is suspended for so long as the order has effect. \n9) An enduring power is revoked if the court— \n\ta) exercises a power under sections 16 to 20 in relation to the donor, and \n\tb) directs that the enduring power is to be revoked. \n10) No disclaimer of an enduring power, whether by deed or otherwise, is valid unless and until the attorney gives notice of it to the donor or, where paragraph 4(6) or 15(1) applies, to the Public Guardian. *Scope of authority etc. of attorney under enduring power*\n\n3) \n1) If the instrument which creates an enduring power of attorney is expressed to confer general authority on the attorney, the instrument operates to confer, subject to— \n\ta) the restriction imposed by sub-paragraph (3), and \n\tb) any conditions or restrictions contained in the instrument, authority to do on behalf of the donor anything which the donor could lawfully do by an attorney at the time when the donor executed the instrument. \n2) Subject to any conditions or restrictions contained in the instrument, an attorney under an enduring power, whether general or limited, may (without obtaining any consent) act under the power so as to benefit himself or other persons than the donor to the following extent but no further— \n\ta) he may so act in relation to himself or in relation to any other person if the donor might be expected to provide for his or that person's needs respectively, and \n\tb) he may do whatever the donor might be expected to do to meet those needs. \n3) Without prejudice to sub-paragraph (2) but subject to any conditions or restrictions contained in the instrument, an attorney under an enduring power, whether general or limited, may (without obtaining any consent) dispose of the property of the donor by way of gift to the following extent but no further— \n\ta) he may make gifts of a seasonal nature or at a time, or on an anniversary, of a birth, a marriage or the formation of a civil partnership, to persons (including himself) who are related to or connected with the donor, and \n\tb) he may make gifts to any charity to whom the donor made or might be expected to make gifts, provided that the value of each such gift is not unreasonable having regard to all the circumstances and in particular the size of the donor's estate. ## Part 2\n## Action on actual or impending incapacity of donor\n\n*Duties of attorney in event of actual or impending incapacity of donor*\n\n4) \n1) Sub-paragraphs (2) to (6) apply if the attorney under an enduring power has reason to believe that the donor is or is becoming mentally incapable. \n2) The attorney must, as soon as practicable, make an application to the Public Guardian for the registration of the instrument creating the power. \n3) Before making an application for registration the attorney must comply with the provisions as to notice set out in Part 3 of this Schedule. \n4) An application for registration— \n\ta) must be made in the prescribed form, and \n\tb) must contain such statements as may be prescribed. \n5) The attorney— \n\ta) may, before making an application for the registration of the instrument, refer to the court for its determination any question as to the validity of the power, and \n\tb) must comply with any direction given to him by the court on that determination. \n6) No disclaimer of the power is valid unless and until the attorney gives notice of it to the Public Guardian; and the Public Guardian must notify the donor if he receives a notice under this sub-paragraph. \n7) A person who, in an application for registration, makes a statement which he knows to be false in a material particular is guilty of an offence and is liable— \n\ta) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both; \n\tb) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both. \n8) In this paragraph,  “prescribed” means prescribed by regulations made for the purposes of this Schedule by the Lord Chancellor. ## Part 3\n## Notification prior to registration\n\n*Duty to give notice to relatives*\n\n5) Subject to paragraph 7, before making an application for registration the attorney must give notice of his intention to do so to all those persons (if any) who are entitled to receive notice by virtue of paragraph 6. \n6) \n1) Subject to sub-paragraphs (2) to (4), persons of the following classes (“relatives”) are entitled to receive notice under paragraph 5— \n\ta) the donor's spouse or civil partner, \n\tb) the donor's children, \n\tc) the donor's parents, \n\td) the donor's brothers and sisters, whether of the whole or half blood, \n\te) the widow, widower or surviving civil partner of a child of the donor, \n\tf) the donor's grandchildren, \n\tg) the children of the donor's brothers and sisters of the whole blood, \n\th) the children of the donor's brothers and sisters of the half blood, \n\ti) the donor's uncles and aunts of the whole blood, \n\tj) the children of the donor's uncles and aunts of the whole blood. \n2) A person is not entitled to receive notice under paragraph 5 if— \n\ta) his name or address is not known to the attorney and cannot be reasonably ascertained by him, or \n\tb) the attorney has reason to believe that he has not reached 18 or is mentally incapable. \n3) Except where sub-paragraph (4) applies— \n\ta) no more than 3 persons are entitled to receive notice under paragraph 5, and \n\tb) in determining the persons who are so entitled, persons falling within the class in sub-paragraph (1)(a) are to be preferred to persons falling within the class in sub-paragraph (1)(b), those falling within the class in sub-paragraph (1)(b) are to be preferred to those falling within the class in sub-paragraph (1)(c), and so on. \n4) Despite the limit of 3 specified in sub-paragraph (3), where— \n\ta) there is more than one person falling within any of classes (a) to (j) of sub-paragraph (1), and \n\tb) at least one of those persons would be entitled to receive notice under paragraph 5, then, subject to sub-paragraph (2), all the persons falling within that class are entitled to receive notice under paragraph 5. \n7) \n1) An attorney is not required to give notice under paragraph 5— \n\ta) to himself, or \n\tb) to any other attorney under the power who is joining in making the application, even though he or, as the case may be, the other attorney is entitled to receive notice by virtue of paragraph 6. \n2) In the case of any person who is entitled to receive notice by virtue of paragraph 6, the attorney, before applying for registration, may make an application to the court to be dispensed from the requirement to give him notice; and the court must grant the application if it is satisfied— \n\ta) that it would be undesirable or impracticable for the attorney to give him notice, or \n\tb) that no useful purpose is likely to be served by giving him notice. *Duty to give notice to donor*\n\n8) \n1) Subject to sub-paragraph (2), before making an application for registration the attorney must give notice of his intention to do so to the donor. \n2) Paragraph 7(2) applies in relation to the donor as it applies in relation to a person who is entitled to receive notice under paragraph 5. *Contents of notices*\n\n9) A notice to relatives under this Part of this Schedule must— \n\ta) be in the prescribed form, \n\tb) state that the attorney proposes to make an application to the Public Guardian for the registration of the instrument creating the enduring power in question, \n\tc) inform the person to whom it is given of his right to object to the registration under paragraph 13(4), and \n\td) specify, as the grounds on which an objection to registration may be made, the grounds set out in paragraph 13(9). \n10) A notice to the donor under this Part of this Schedule— \n\ta) must be in the prescribed form, \n\tb) must contain the statement mentioned in paragraph 9(b), and \n\tc) must inform the donor that, while the instrument remains registered, any revocation of the power by him will be ineffective unless and until the revocation is confirmed by the court. *Duty to give notice to other attorneys*\n\n11) \n1) Subject to sub-paragraph (2), before making an application for registration an attorney under a joint and several power must give notice of his intention to do so to any other attorney under the power who is not joining in making the application; and paragraphs 7(2) and 9 apply in relation to attorneys entitled to receive notice by virtue of this paragraph as they apply in relation to persons entitled to receive notice by virtue of paragraph 6. \n2) An attorney is not entitled to receive notice by virtue of this paragraph if— \n\ta) his address is not known to the applying attorney and cannot reasonably be ascertained by him, or \n\tb) the applying attorney has reason to believe that he has not reached 18 or is mentally incapable. *Supplementary*\n\n12) Despite section 7 of the Interpretation Act 1978 (c. 30)\n\n\t\t\t(construction of references to service by post), for the purposes of this Part of this Schedule a notice given by post is to be regarded as given on the date on which it\n\nwas posted. ## Part 4\n## Registration\n\n*Registration of instrument creating power*\n\n13) \n1) If an application is made in accordance with paragraph 4(3) and (4) the Public Guardian must, subject to the provisions of this paragraph, register the instrument to which the application relates. \n2) If it appears to the Public Guardian that— \n\ta) there is a deputy appointed for the donor of the power created by the instrument, and \n\tb) the powers conferred on the deputy would, if the instrument were registered, to any extent conflict with the powers conferred on the attorney, the Public Guardian must not register the instrument except in accordance with the court's directions. \n3) The court may, on the application of the attorney, direct the Public Guardian to register an instrument even though notice has not been given as required by paragraph 4(3) and Part 3 of this Schedule to a person entitled to receive it, if the court is satisfied— \n\ta) that it was undesirable or impracticable for the attorney to give notice to that person, or \n\tb) that no useful purpose is likely to be served by giving him notice. \n4) Sub-paragraph (5) applies if, before the end of the period of 5 weeks beginning with the date (or the latest date) on which the attorney gave notice under paragraph 5 of an application for registration, the Public Guardian receives a valid notice of objection to the registration from a person entitled to notice of the application. \n5) The Public Guardian must not register the instrument except in accordance with the court's directions. \n6) Sub-paragraph (7) applies if, in the case of an application for registration— \n\ta) it appears from the application that there is no one to whom notice has been given under paragraph 5, or \n\tb) the Public Guardian has reason to believe that appropriate inquiries might bring to light evidence on which he could be satisfied that one of the grounds of objection set out in sub-paragraph (9) was established. \n7) The Public Guardian— \n\ta) must not register the instrument, and \n\tb) must undertake such inquiries as he thinks appropriate in all the circumstances. \n8) If, having complied with sub-paragraph (7)(b), the Public Guardian is satisfied that one of the grounds of objection set out in sub-paragraph (9) is established— \n\ta) the attorney may apply to the court for directions, and \n\tb) the Public Guardian must not register the instrument except in accordance with the court's directions. \n9) A notice of objection under this paragraph is valid if made on one or more of the following grounds— \n\ta) that the power purported to have been created by the instrument was not valid as an enduring power of attorney, \n\tb) that the power created by the instrument no longer subsists, \n\tc) that the application is premature because the donor is not yet becoming mentally incapable, \n\td) that fraud or undue pressure was used to induce the donor to create the power, \n\te) that, having regard to all the circumstances and in particular the attorney's relationship to or connection with the donor, the attorney is unsuitable to be the donor's attorney. \n10) If any of those grounds is established to the satisfaction of the court it must direct the Public Guardian not to register the instrument, but if not so satisfied it must direct its registration. \n11) If the court directs the Public Guardian not to register an instrument because it is satisfied that the ground in sub-paragraph (9)(d) or (e) is established, it must by order revoke the power created by the instrument. \n12) If the court directs the Public Guardian not to register an instrument because it is satisfied that any ground in sub-paragraph (9) except that in paragraph (c) is established, the instrument must be delivered up to be cancelled unless the court otherwise directs. *Register of enduring powers*\n\n14) The Public Guardian has the function of establishing and maintaining a register of enduring powers for the purposes of this Schedule. ## Part 5\n## Legal position after registration\n\n*Effect and proof of registration*\n\n15) \n1) The effect of the registration of an instrument under paragraph 13 is that— \n\ta) no revocation of the power by the donor is valid unless and until the court confirms the revocation under paragraph 16(3); \n\tb) no disclaimer of the power is valid unless and until the attorney gives notice of it to the Public Guardian; \n\tc) the donor may not extend or restrict the scope of the authority conferred by the instrument and no instruction or consent given by him after registration, in the case of a consent, confers any right and, in the case of an instruction, imposes or confers any obligation or right on or creates any liability of the attorney or other persons having notice of the instruction or consent. \n2) Sub-paragraph (1) applies for so long as the instrument is registered under paragraph 13 whether or not the donor is for the time being mentally incapable. \n3) A document purporting to be an office copy of an instrument registered under this Schedule is, in any part of the United Kingdom, evidence of— \n\ta) the contents of the instrument, and \n\tb) the fact that it has been so registered. \n4) Sub-paragraph (3) is without prejudice to section 3 of the Powers of Attorney Act 1971 (c. 27) (proof by certified copies) and to any other method of proof authorised by law. *Functions of court with regard to registered power*\n\n16) \n1) Where an instrument has been registered under paragraph 13, the court has the following functions with respect to the power and the donor of and the attorney appointed to act under the power. \n2) The court may— \n\ta) determine any question as to the meaning or effect of the instrument; \n\tb) give directions with respect to— \n\t\ti) the management or disposal by the attorney of the property and affairs of the donor; \n\t\tii) the rendering of accounts by the attorney and the production of the records kept by him for the purpose; \n\t\tiii) the remuneration or expenses of the attorney whether or not in default of or in accordance with any provision made by the instrument, including directions for the repayment of excessive or the payment of additional remuneration; \n\tc) require the attorney to supply information or produce documents or things in his possession as attorney; \n\td) give any consent or authorisation to act which the attorney would have to obtain from a mentally capable donor; \n\te) authorise the attorney to act so as to benefit himself or other persons than the donor otherwise than in accordance with paragraph 3(2) and (3) (but subject to any conditions or restrictions contained in the instrument); \n\tf) relieve the attorney wholly or partly from any liability which he has or may have incurred on account of a breach of his duties as attorney. \n3) On application made for the purpose by or on behalf of the donor, the court must confirm the revocation of the power if satisfied that the donor— \n\ta) has done whatever is necessary in law to effect an express revocation of the power, and \n\tb) was mentally capable of revoking a power of attorney when he did so (whether or not he is so when the court considers the application). \n4) The court must direct the Public Guardian to cancel the registration of an instrument registered under paragraph 13 in any of the following circumstances— \n\ta) on confirming the revocation of the power under sub-paragraph (3), \n\tb) on directing under paragraph 2(9)(b) that the power is to be revoked, \n\tc) on being satisfied that the donor is and is likely to remain mentally capable, \n\td) on being satisfied that the power has expired or has been revoked by the mental incapacity of the attorney, \n\te) on being satisfied that the power was not a valid and subsisting enduring power when registration was effected, \n\tf) on being satisfied that fraud or undue pressure was used to induce the donor to create the power, \n\tg) on being satisfied that, having regard to all the circumstances and in particular the attorney's relationship to or connection with the donor, the attorney is unsuitable to be the donor's attorney. \n5) If the court directs the Public Guardian to cancel the registration of an instrument on being satisfied of the matters specified in sub-paragraph (4)(f) or (g) it must by order revoke the power created by the instrument. \n6) If the court directs the cancellation of the registration of an instrument under sub-paragraph (4) except paragraph (c) the instrument must be delivered up to the Public Guardian to be cancelled, unless the court otherwise directs. *Cancellation of registration by Public Guardian*\n\n17) The Public Guardian must cancel the registration of an instrument creating an enduring power of attorney— \n\ta) on receipt of a disclaimer signed by the attorney; \n\tb) if satisfied that the power has been revoked by the death or bankruptcy of the donor or attorney or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donor or attorney or, if the attorney is a body corporate, by its winding up or dissolution; \n\tc) on receipt of notification from the court that the court has revoked the power; \n\td) on confirmation from the court that the donor has revoked the power. ## Part 6\n## Protection of attorney and third parties\n\n*Protection of attorney and third persons where power is invalid or revoked*\n\n18) \n1) Sub-paragraphs (2) and (3) apply where an instrument which did not create a valid power of attorney has been registered under paragraph 13 (whether or not the registration has been cancelled at the time of the act or transaction in question). \n2) An attorney who acts in pursuance of the power does not incur any liability (either to the donor or to any other person) because of the non-existence of the power unless at the time of acting he knows— \n\ta) that the instrument did not create a valid enduring power, \n\tb) that an event has occurred which, if the instrument had created a valid enduring power, would have had the effect of revoking the power, or \n\tc) that, if the instrument had created a valid enduring power, the power would have expired before that time. \n3) Any transaction between the attorney and another person is, in favour of that person, as valid as if the power had then been in existence, unless at the time of the transaction that person has knowledge of any of the matters mentioned in sub-paragraph (2). \n4) If the interest of a purchaser depends on whether a transaction between the attorney and another person was valid by virtue of sub-paragraph (3), it is conclusively presumed in favour of the purchaser that the transaction was valid if— \n\ta) the transaction between that person and the attorney was completed within 12 months of the date on which the instrument was registered, or \n\tb) that person makes a statutory declaration, before or within 3 months after the completion of the purchase, that he had no reason at the time of the transaction to doubt that the attorney had authority to dispose of the property which was the subject of the transaction. \n5) For the purposes of section 5 of the Powers of Attorney Act 1971 (c. 27) (protection where power is revoked) in its application to an enduring power the revocation of which by the donor is by virtue of paragraph 15 invalid unless and until confirmed by the court under paragraph 16— \n\ta) knowledge of the confirmation of the revocation is knowledge of the revocation of the power, but \n\tb) knowledge of the unconfirmed revocation is not. *Further protection of attorney and third persons*\n\n19) \n1) If— \n\ta) an instrument framed in a form prescribed as mentioned in paragraph 2(2) creates a power which is not a valid enduring power, and \n\tb) the power is revoked by the mental incapacity of the donor, sub-paragraphs (2) and (3) apply, whether or not the instrument has been registered. \n2) An attorney who acts in pursuance of the power does not, by reason of the revocation, incur any liability (either to the donor or to any other person) unless at the time of acting he knows— \n\ta) that the instrument did not create a valid enduring power, and \n\tb) that the donor has become mentally incapable. \n3) Any transaction between the attorney and another person is, in favour of that person, as valid as if the power had then been in existence, unless at the time of the transaction that person knows— \n\ta) that the instrument did not create a valid enduring power, and \n\tb) that the donor has become mentally incapable. \n4) Paragraph 18(4) applies for the purpose of determining whether a transaction was valid by virtue of sub-paragraph (3) as it applies for the purpose or determining whether a transaction was valid by virtue of paragraph 18(3). ## Part 7\n## Joint and joint and several attorneys\n\n*Application to joint and joint and several attorneys*\n\n20) \n1) An instrument which appoints more than one person to be an attorney cannot create an enduring power unless the attorneys are appointed to act— \n\ta) jointly, or \n\tb) jointly and severally. \n2) This Schedule, in its application to joint attorneys, applies to them collectively as it applies to a single attorney but subject to the modifications specified in paragraph 21. \n3) This Schedule, in its application to joint and several attorneys, applies with the modifications specified in sub-paragraphs (4) to (7) and in paragraph 22. \n4) A failure, as respects any one attorney, to comply with the requirements for the creation of enduring powers— \n\ta) prevents the instrument from creating such a power in his case, but \n\tb) does not affect its efficacy for that purpose as respects the other or others or its efficacy in his case for the purpose of creating a power of attorney which is not an enduring power. \n5) If one or more but not both or all the attorneys makes or joins in making an application for registration of the instrument— \n\ta) an attorney who is not an applicant as well as one who is may act pending the registration of the instrument as provided in paragraph 1(2), \n\tb) notice of the application must also be given under Part 3 of this Schedule to the other attorney or attorneys, and \n\tc) objection may validly be taken to the registration on a ground relating to an attorney or to the power of an attorney who is not an applicant as well as to one or the power of one who is an applicant. \n6) The Public Guardian is not precluded by paragraph 13(5) or (8) from registering an instrument and the court must not direct him not to do so under paragraph 13(10) if an enduring power subsists as respects some attorney who is not affected by the ground or grounds of the objection in question; and where the Public Guardian registers an instrument in that case, he must make against the registration an entry in the prescribed form. \n7) Sub-paragraph (6) does not preclude the court from revoking a power in so far as it confers a power on any other attorney in respect of whom the ground in paragraph 13(9)(d) or (e) is established; and where any ground in paragraph 13(9) affecting any other attorney is established the court must direct the Public Guardian to make against the registration an entry in the prescribed form. \n8) In sub-paragraph (4),  “the requirements for the creation of enduring powers” means the provisions of— \n\ta) paragraph 2 other than sub-paragraphs (8) and (9), and \n\tb) the regulations mentioned in paragraph 2. *Joint attorneys*\n\n21) \n1) In paragraph 2(5), the reference to the time when the attorney executes the instrument is to be read as a reference to the time when the second or last attorney executes the instrument. \n2) In paragraph 2(6) to (8), the reference to the attorney is to be read as a reference to any attorney under the power. \n3) Paragraph 13 has effect as if the ground of objection to the registration of the instrument specified in sub-paragraph (9)(e) applied to any attorney under the power. \n4) In paragraph 16(2), references to the attorney are to be read as including references to any attorney under the power. \n5) In paragraph 16(4), references to the attorney are to be read as including references to any attorney under the power. \n6) In paragraph 17, references to the attorney are to be read as including references to any attorney under the power. *Joint and several attorneys*\n\n22) \n1) In paragraph 2(7), the reference to the bankruptcy of the attorney is to be read as a reference to the bankruptcy of the last remaining attorney under the power; and the bankruptcy of any other attorney under the power causes that person to cease to be an attorney under the power. \n1A) In paragraph 2(7), the reference to the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the attorney is to be read as a reference to the making of a debt relief order in respect of the last remaining attorney under the power; and the making of a debt relief order in respect of any other attorney under the power causes that person to cease to be an attorney under the power. \n2) In paragraph 2(8), the reference to the suspension of the power is to be read as a reference to its suspension in so far as it relates to the attorney in respect of whom the interim bankruptcy restrictions order has effect. \n2A) In paragraph 2(8), the reference to the suspension of the power is to be read as a reference to its suspension in so far as it relates to the attorney in respect of whom the interim debt relief restrictions order has effect. \n3) The restriction upon disclaimer imposed by paragraph 4(6) applies only to those attorneys who have reason to believe that the donor is or is becoming mentally incapable. ## Part 8\n## Interpretation\n\n\n23) \n1) In this Schedule— \n\t- “enduring power” is to be construed in accordance with paragraph 2,\n\t- “mentally incapable” or  “mental incapacity”, except where it refers to revocation at common law, means in relation to any person, that he is incapable by reason of mental disorder  ... of managing and administering his property and affairs and  “mentally capable” and  “mental capacity” are to be construed accordingly,\n\t- “notice” means notice in writing, and\n\t- “prescribed”, except for the purposes of paragraph 2, means prescribed by regulations made for the purposes of this Schedule by the Lord Chancellor.\n1A) In sub-paragraph (1),  “mental disorder” has the same meaning as in the Mental Health Act but disregarding the amendments made to that Act by the Mental Health Act 2007. \n2) Any question arising under or for the purposes of this Schedule as to what the donor of the power might at any time be expected to do is to be determined by assuming that he had full mental capacity at the time but otherwise by reference to the circumstances existing at that time. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/4",
    "legislation_id": "ukpga/2005/9",
    "title": "Provisions applying to existing enduring powers of attorney",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.098571Z",
    "text": "Section 48) **Interim orders and directions**\nThe court may, pending the determination of an application to it in relation to a person (“P”), make an order or give directions in respect of any matter if— \n\ta) there is reason to believe that P lacks capacity in relation to the matter, \n\tb) the matter is one to which its powers under this Act extend, and \n\tc) it is in P's best interests to make the order, or give the directions, without delay. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/48",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/48",
    "legislation_id": "ukpga/2005/9",
    "title": "Interim orders and directions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 48,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.101697Z",
    "text": "Section 50) **Applications to the Court of Protection**\n\n1) No permission is required for an application to the court for the exercise of any of its powers under this Act— \n\ta) by a person who lacks, or is alleged to lack, capacity, \n\tb) if such a person has not reached 18, by anyone with parental responsibility for him, \n\tc) by the donor or a donee of a lasting power of attorney to which the application relates, \n\td) by a deputy appointed by the court for a person to whom the application relates, or \n\te) by a person named in an existing order of the court, if the application relates to the order. \n1A) Nor is permission required for an application to the court under section 21A by the relevant person's representative. \n2) But, subject to Court of Protection Rules and to paragraph 20(2) of Schedule 3 (declarations relating to private international law), permission is required for any other application to the court. \n3) In deciding whether to grant permission the court must, in particular, have regard to— \n\ta) the applicant's connection with the person to whom the application relates, \n\tb) the reasons for the application, \n\tc) the benefit to the person to whom the application relates of a proposed order or directions, and \n\td) whether the benefit can be achieved in any other way. \n4) “Parental responsibility” has the same meaning as in the Children Act 1989 (c. 41). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/50",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/50",
    "legislation_id": "ukpga/2005/9",
    "title": "Applications to the Court of Protection",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 50,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.071625Z",
    "text": "Section 39C) **Person unrepresented whilst subject to Schedule A1**\n\n1) This section applies if— \n\ta) an authorisation under Schedule A1 is in force in relation to a person (“P”), \n\tb) the appointment of a person as P's representative ends in accordance with regulations made under Part 10 of Schedule A1, and \n\tc) the managing authority of the relevant hospital or care home are satisfied that there is no person, other than one engaged in providing care or treatment for P in a professional capacity or for remuneration, whom it would be appropriate to consult in determining what would be in P's best interests. \n2) The managing authority must notify the supervisory body that this section applies. \n3) The supervisory body must instruct an independent mental capacity advocate to represent P. \n4) Paragraph 159 of Schedule A1 makes provision about the role of an independent mental capacity advocate appointed under this section. \n5) The appointment of an independent mental capacity advocate under this section ends when a new appointment of a person as P's representative is made in accordance with Part 10 of Schedule A1. \n6) For the purposes of subsection (1), a person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, engaged in providing care or treatment for P in a professional capacity or for remuneration. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/39C",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/39C",
    "legislation_id": "ukpga/2005/9",
    "title": "Person unrepresented whilst subject to Schedule A1",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.135865Z",
    "text": "Section 66) **Existing receivers and enduring powers of attorney etc.**\n\n1) The following provisions cease to have effect— \n\ta) Part 7 of the Mental Health Act, \n\tb) the Enduring Powers of Attorney Act 1985 (c. 29). \n2) No enduring power of attorney within the meaning of the 1985 Act is to be created after the commencement of subsection (1)(b). \n3) Schedule 4 has effect in place of the 1985 Act in relation to any enduring power of attorney created before the commencement of subsection (1)(b). \n4) Schedule 5 contains transitional provisions and savings in relation to Part 7 of the Mental Health Act and the 1985 Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/66",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/66",
    "legislation_id": "ukpga/2005/9",
    "title": "Existing receivers and enduring powers of attorney etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "provenance_prompt_version": null,
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    "number": 66,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.512494Z",
    "text": "SCHEDULE 5 Transitional provisions and savings Section 66(4) ## Part 1\n## Repeal of Part 7 of the Mental Health Act 1983\n\n*Existing receivers*\n\n1) \n1) This paragraph applies where, immediately before the commencement day, there is a receiver (“R”) for a person (“P”) appointed under section 99 of the Mental Health Act. \n2) On and after that day— \n\ta) this Act applies as if R were a deputy appointed for P by the court, but with the functions that R had as receiver immediately before that day, and \n\tb) a reference in any other enactment to a deputy appointed by the court includes a person appointed as a deputy as a result of paragraph (a). \n3) On any application to it by R, the court may end R's appointment as P's deputy. \n4) Where, as a result of section 20(1), R may not make a decision on behalf of P in relation to a relevant matter, R must apply to the court. \n5) If, on the application, the court is satisfied that P is capable of managing his property and affairs in relation to the relevant matter— \n\ta) it must make an order ending R's appointment as P's deputy in relation to that matter, but \n\tb) it may, in relation to any other matter, exercise in relation to P any of the powers which it has under sections 15 to 19. \n6) If it is not satisfied, the court may exercise in relation to P any of the powers which it has under sections 15 to 19. \n7) R's appointment as P's deputy ceases to have effect if P dies. \n8) “Relevant matter” means a matter in relation to which, immediately before the commencement day, R was authorised to act as P's receiver. \n9) In sub-paragraph (1), the reference to a receiver appointed under section 99 of the Mental Health Act includes a reference to a person who by virtue of Schedule 5 to that Act was deemed to be a receiver appointed under that section. *Orders, appointments etc.*\n\n2) \n1) Any order or appointment made, direction or authority given or other thing done which has, or by virtue of Schedule 5 to the Mental Health Act was deemed to have, effect under Part 7 of the Act immediately before the commencement day is to continue to have effect despite the repeal of Part 7. \n2) In so far as any such order, appointment, direction, authority or thing could have been made, given or done under sections 15 to 20 if those sections had then been in force— \n\ta) it is to be treated as made, given or done under those sections, and \n\tb) the powers of variation and discharge conferred by section 16(7) apply accordingly. \n3) Sub-paragraph (1)— \n\ta) does not apply to nominations under section 93(1) or (4) of the Mental Health Act, and \n\tb) as respects receivers, has effect subject to paragraph 1. \n4) This Act does not affect the operation of section 109 of the Mental Health Act (effect and proof of orders etc.) in relation to orders made and directions given under Part 7 of that Act. \n5) This paragraph is without prejudice to section 16 of the Interpretation Act 1978 (c. 30) (general savings on repeal). *Pending proceedings*\n\n3) \n1) Any application for the exercise of a power under Part 7 of the Mental Health Act which is pending immediately before the commencement day is to be treated, in so far as a corresponding power is exercisable under sections 16 to 20, as an application for the exercise of that power. \n2) For the purposes of sub-paragraph (1) an application for the appointment of a receiver is to be treated as an application for the appointment of a deputy. *Appeals*\n\n4) \n1) Part 7 of the Mental Health Act and the rules made under it are to continue to apply to any appeal brought by virtue of section 105 of that Act which has not been determined before the commencement day. \n2) If in the case of an appeal brought by virtue of section 105(1) (appeal to nominated judge) the judge nominated under section 93 of the Mental Health Act has begun to hear the appeal, he is to continue to do so but otherwise it is to be heard by a puisne judge of the High Court nominated under section 46. *Fees*\n\n5) All fees and other payments which, having become due, have not been paid to the former Court of Protection before the commencement day, are to be paid to the new Court of Protection. *Court records*\n\n6) \n1) The records of the former Court of Protection are to be treated, on and after the commencement day, as records of the new Court of Protection and are to be dealt with accordingly under the Public Records Act 1958 (c. 51). \n2) On and after the commencement day, the Public Guardian is, for the purpose of exercising any of his functions, to be given such access as he may require to such of the records mentioned in sub-paragraph (1) as relate to the appointment of receivers under section 99 of the Mental Health Act. *Existing charges*\n\n7) This Act does not affect the operation in relation to a charge created before the commencement day of— \n\ta) so much of section 101(6) of the Mental Health Act as precludes a charge created under section 101(5) from conferring a right of sale or foreclosure during the lifetime of the patient, or \n\tb) section 106(6) of the Mental Health Act (charge created by virtue of section 106(5) not to cause interest to fail etc.). *Preservation of interests on disposal of property*\n\n8) Paragraph 8(1) of Schedule 2 applies in relation to any disposal of property (within the meaning of that provision) by a person living on 1st November 1960, being a disposal effected under the Lunacy Act 1890 (c. 5) as it applies in relation to the disposal of property effected under sections 16 to 20. *Accounts*\n\n9) Court of Protection Rules may provide that, in a case where paragraph 1 applies, R is to have a duty to render accounts— \n\ta) while he is receiver; \n\tb) after he is discharged. *Interpretation*\n\n10) In this Part of this Schedule— \n\ta) “the commencement day” means the day on which section 66(1)(a) (repeal of Part 7 of the Mental Health Act) comes into force, \n\tb) “the former Court of Protection” means the office abolished by section 45, and \n\tc) “the new Court of Protection” means the court established by that section. ## Part 2\n## Repeal of the Enduring Powers of Attorney Act 1985\n\n*Orders, determinations, etc.*\n\n11) \n1) Any order or determination made, or other thing done, under the 1985 Act which has effect immediately before the commencement day continues to have effect despite the repeal of that Act. \n2) In so far as any such order, determination or thing could have been made or done under Schedule 4 if it had then been in force— \n\ta) it is to be treated as made or done under that Schedule, and \n\tb) the powers of variation and discharge exercisable by the court apply accordingly. \n3) Any instrument registered under the 1985 Act is to be treated as having been registered by the Public Guardian under Schedule 4. \n4) This paragraph is without prejudice to section 16 of the Interpretation Act 1978 (c. 30) (general savings on repeal). *Pending proceedings*\n\n12) \n1) An application for the exercise of a power under the 1985 Act which is pending immediately before the commencement day is to be treated, in so far as a corresponding power is exercisable under Schedule 4, as an application for the exercise of that power. \n2) For the purposes of sub-paragraph (1)— \n\ta) a pending application under section 4(2) of the 1985 Act for the registration of an instrument is to be treated as an application to the Public Guardian under paragraph 4 of Schedule 4 and any notice given in connection with that application under Schedule 1 to the 1985 Act is to be treated as given under Part 3 of Schedule 4, \n\tb) a notice of objection to the registration of an instrument is to be treated as a notice of objection under paragraph 13 of Schedule 4, and \n\tc) pending proceedings under section 5 of the 1985 Act are to be treated as proceedings on an application for the exercise by the court of a power which would become exercisable in relation to an instrument under paragraph 16(2) of Schedule 4 on its registration. *Appeals*\n\n13) \n1) The 1985 Act and, so far as relevant, the provisions of Part 7 of the Mental Health Act and the rules made under it as applied by section 10 of the 1985 Act are to continue to have effect in relation to any appeal brought by virtue of section 10(1)(c) of the 1985 Act which has not been determined before the commencement day. \n2) If, in the case of an appeal brought by virtue of section 105(1) of the Mental Health Act as applied by section 10(1)(c) of the 1985 Act (appeal to nominated judge), the judge nominated under section 93 of the Mental Health Act has begun to hear the appeal, he is to continue to do so but otherwise the appeal is to be heard by a puisne judge of the High Court nominated under section 46. *Exercise of powers of donor as trustee*\n\n14) \n1) Section 2(8) of the 1985 Act (which prevents a power of attorney under section 25 of the Trustee Act 1925 (c. 19) as enacted from being an enduring power) is to continue to apply to any enduring power— \n\ta) created before 1st March 2000, and \n\tb) having effect immediately before the commencement day. \n2) Section 3(3) of the 1985 Act (which entitles the donee of an enduring power to exercise the donor's powers as trustee) is to continue to apply to any enduring power to which, as a result of the provision mentioned in sub-paragraph (3), it applies immediately before the commencement day. \n3) The provision is section 4(3)(a) of the Trustee Delegation Act 1999 (c. 15) (which provides for section 3(3) of the 1985 Act to cease to apply to an enduring power when its registration is cancelled, if it was registered in response to an application made before 1st March 2001). \n4) Even though section 4 of the 1999 Act is repealed by this Act, that section is to continue to apply in relation to an enduring power— \n\ta) to which section 3(3) of the 1985 Act applies as a result of sub-paragraph (2), or \n\tb) to which, immediately before the repeal of section 4 of the 1999 Act, section 1 of that Act applies as a result of section 4 of it. \n5) The reference in section 1(9) of the 1999 Act to section 4(6) of that Act is to be read with sub-paragraphs (2) to (4). *Interpretation*\n\n15) In this Part of this Schedule,  “the commencement day” means the day on which section 66(1)(b) (repeal of the 1985 Act) comes into force. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/5",
    "legislation_id": "ukpga/2005/9",
    "title": "Transitional provisions and savings",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.993144Z",
    "text": "Section 16A) **Section 16 powers: Mental Health Act patients etc**\n\n1) If a person is ineligible to be deprived of liberty by this Act, the court may not include in a welfare order provision which authorises the person to be deprived of his liberty. \n2) If— \n\ta) a welfare order includes provision which authorises a person to be deprived of his liberty, and \n\tb) that person becomes ineligible to be deprived of liberty by this Act, the provision ceases to have effect for as long as the person remains ineligible. \n3) Nothing in subsection (2) affects the power of the court under section 16(7) to vary or discharge the welfare order. \n4) For the purposes of this section— \n\ta) Schedule 1A applies for determining whether or not P is ineligible to be deprived of liberty by this Act; \n\tb) “welfare order” means an order under section 16(2)(a). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/16A",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/16A",
    "legislation_id": "ukpga/2005/9",
    "title": "Section 16 powers: Mental Health Act patients etc",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.957224Z",
    "text": "Section 4) **Best interests**\n\n1) In determining for the purposes of this Act what is in a person's best interests, the person making the determination must not make it merely on the basis of— \n\ta) the person's age or appearance, or \n\tb) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about what might be in his best interests. \n2) The person making the determination must consider all the relevant circumstances and, in particular, take the following steps. \n3) He must consider— \n\ta) whether it is likely that the person will at some time have capacity in relation to the matter in question, and \n\tb) if it appears likely that he will, when that is likely to be. \n4) He must, so far as reasonably practicable, permit and encourage the person to participate, or to improve his ability to participate, as fully as possible in any act done for him and any decision affecting him. \n5) Where the determination relates to life-sustaining treatment he must not, in considering whether the treatment is in the best interests of the person concerned, be motivated by a desire to bring about his death. \n6) He must consider, so far as is reasonably ascertainable— \n\ta) the person's past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity), \n\tb) the beliefs and values that would be likely to influence his decision if he had capacity, and \n\tc) the other factors that he would be likely to consider if he were able to do so. \n7) He must take into account, if it is practicable and appropriate to consult them, the views of— \n\ta) anyone named by the person as someone to be consulted on the matter in question or on matters of that kind, \n\tb) anyone engaged in caring for the person or interested in his welfare, \n\tc) any donee of a lasting power of attorney granted by the person, and \n\td) any deputy appointed for the person by the court, as to what would be in the person's best interests and, in particular, as to the matters mentioned in subsection (6). \n8) The duties imposed by subsections (1) to (7) also apply in relation to the exercise of any powers which— \n\ta) are exercisable under a lasting power of attorney, or \n\tb) are exercisable by a person under this Act where he reasonably believes that another person lacks capacity. \n9) In the case of an act done, or a decision made, by a person other than the court, there is sufficient compliance with this section if (having complied with the requirements of subsections (1) to (7)) he reasonably believes that what he does or decides is in the best interests of the person concerned. \n10) “Life-sustaining treatment” means treatment which in the view of a person providing health care for the person concerned is necessary to sustain life. \n11) “Relevant circumstances” are those— \n\ta) of which the person making the determination is aware, and \n\tb) which it would be reasonable to regard as relevant. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/4",
    "legislation_id": "ukpga/2005/9",
    "title": "Best interests",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.962049Z",
    "text": "Section 4A) **Restriction on deprivation of liberty**\n\n1) This Act does not authorise any person (“D”) to deprive any other person (“P”) of his liberty. \n2) But that is subject to— \n\ta) the following provisions of this section, and \n\tb) section 4B. \n3) D may deprive P of his liberty if, by doing so, D is giving effect to a relevant decision of the court. \n4) A relevant decision of the court is a decision made by an order under section 16(2)(a) in relation to a matter concerning P's personal welfare. \n5) D may deprive P of his liberty if the deprivation is authorised by Schedule A1 (hospital and care home residents: deprivation of liberty). \n5) D may deprive P of liberty if, by doing so, D is carrying out arrangements authorised under Schedule AA1 (arrangements enabling the care and treatment of persons who lack capacity). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/4A",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/4A",
    "legislation_id": "ukpga/2005/9",
    "title": "Restriction on deprivation of liberty",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.152612Z",
    "text": "SCHEDULE A1 Hospital and care home residents: deprivation of liberty ## Part 1\n## Authorisation to deprive residents of liberty etc\n\n*Application of Part*\n\n1) \n1) This Part applies if the following conditions are met. \n2) The first condition is that a person (“P”) is detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty. \n3) The second condition is that a standard or urgent authorisation is in force. \n4) The third condition is that the standard or urgent authorisation relates— \n\ta) to P, and \n\tb) to the hospital or care home in which P is detained. *Authorisation to deprive P of liberty*\n\n2) The managing authority of the hospital or care home may deprive P of his liberty by detaining him as mentioned in paragraph 1(2). *No liability for acts done for purpose of depriving P of liberty*\n\n3) \n1) This paragraph applies to any act which a person (“D”) does for the purpose of detaining P as mentioned in paragraph 1(2). \n2) D does not incur any liability in relation to the act that he would not have incurred if P— \n\ta) had had capacity to consent in relation to D's doing the act, and \n\tb) had consented to D's doing the act. *No protection for negligent acts etc*\n\n4) \n1) Paragraphs 2 and 3 do not exclude a person's civil liability for loss or damage, or his criminal liability, resulting from his negligence in doing any thing. \n2) Paragraphs 2 and 3 do not authorise a person to do anything otherwise than for the purpose of the standard or urgent authorisation that is in force. \n3) In a case where a standard authorisation is in force, paragraphs 2 and 3 do not authorise a person to do anything which does not comply with the conditions (if any) included in the authorisation. ## Part 2\n## Interpretation: main terms\n\n*Introduction*\n\n5) This Part applies for the purposes of this Schedule. *Detained resident*\n\n6) “Detained resident” means a person detained in a hospital or care home — for the purpose of being given care or treatment — in circumstances which amount to deprivation of the person's liberty. *Relevant person etc*\n\n7) In relation to a person who is, or is to be, a detained resident— \n\t- “relevant person” means the person in question;\n\t- “relevant hospital or care home” means the hospital or care home in question;\n\t- “relevant care or treatment” means the care or treatment in question.*Authorisations*\n\n8) “Standard authorisation” means an authorisation given under Part 4. \n9) “Urgent authorisation” means an authorisation given under Part 5. \n10) “Authorisation under this Schedule” means either of the following— \n\ta) a standard authorisation; \n\tb) an urgent authorisation. \n11) \n1) The purpose of a standard authorisation is the purpose which is stated in the authorisation in accordance with paragraph 55(1)(d). \n2) The purpose of an urgent authorisation is the purpose which is stated in the authorisation in accordance with paragraph 80(d). ## Part 3\n## The qualifying requirements\n\n*The qualifying requirements*\n\n12) \n1) These are the qualifying requirements referred to in this Schedule— \n\ta) the age requirement; \n\tb) the mental health requirement; \n\tc) the mental capacity requirement; \n\td) the best interests requirement; \n\te) the eligibility requirement; \n\tf) the no refusals requirement. \n2) Any question of whether a person who is, or is to be, a detained resident meets the qualifying requirements is to be determined in accordance with this Part. \n3) In a case where— \n\ta) the question of whether a person meets a particular qualifying requirement arises in relation to the giving of a standard authorisation, and \n\tb) any circumstances relevant to determining that question are expected to change between the time when the determination is made and the time when the authorisation is expected to come into force, those circumstances are to be taken into account as they are expected to be at the later time. *The age requirement*\n\n13) The relevant person meets the age requirement if he has reached 18. *The mental health requirement*\n\n14) \n1) The relevant person meets the mental health requirement if he is suffering from mental disorder (within the meaning of the Mental Health Act, but disregarding any exclusion for persons with learning disability). \n2) An exclusion for persons with learning disability is any provision of the Mental Health Act which provides for a person with learning disability not to be regarded as suffering from mental disorder for one or more purposes of that Act. *The mental capacity requirement*\n\n15) The relevant person meets the mental capacity requirement if he lacks capacity in relation to the question whether or not he should be accommodated in the relevant hospital or care home for the purpose of being given the relevant care or treatment. *The best interests requirement*\n\n16) \n1) The relevant person meets the best interests requirement if all of the following conditions are met. \n2) The first condition is that the relevant person is, or is to be, a detained resident. \n3) The second condition is that it is in the best interests of the relevant person for him to be a detained resident. \n4) The third condition is that, in order to prevent harm to the relevant person, it is necessary for him to be a detained resident. \n5) The fourth condition is that it is a proportionate response to— \n\ta) the likelihood of the relevant person suffering harm, and \n\tb) the seriousness of that harm, for him to be a detained resident. *The eligibility requirement*\n\n17) \n1) The relevant person meets the eligibility requirement unless he is ineligible to be deprived of liberty by this Act. \n2) Schedule 1A applies for the purpose of determining whether or not P is ineligible to be deprived of liberty by this Act. *The no refusals requirement*\n\n18) The relevant person meets the no refusals requirement unless there is a refusal within the meaning of paragraph 19 or 20. \n19) \n1) There is a refusal if these conditions are met— \n\ta) the relevant person has made an advance decision; \n\tb) the advance decision is valid; \n\tc) the advance decision is applicable to some or all of the relevant treatment. \n2) Expressions used in this paragraph and any of sections 24, 25 or 26 have the same meaning in this paragraph as in that section. \n20) \n1) There is a refusal if it would be in conflict with a valid decision of a donee or deputy for the relevant person to be accommodated in the relevant hospital or care home for the purpose of receiving some or all of the relevant care or treatment— \n\ta) in circumstances which amount to deprivation of the person's liberty, or \n\tb) at all. \n2) A donee is a donee of a lasting power of attorney granted by the relevant person. \n3) A decision of a donee or deputy is valid if it is made— \n\ta) within the scope of his authority as donee or deputy, and \n\tb) in accordance with Part 1 of this Act. ## Part 4\n## Standard authorisations\n\n*Supervisory body to give authorisation*\n\n21) Only the supervisory body may give a standard authorisation. \n22) The supervisory body may not give a standard authorisation unless— \n\ta) the managing authority of the relevant hospital or care home have requested it, or \n\tb) paragraph 71 applies (right of third party to require consideration of whether authorisation needed). \n23) The managing authority may not make a request for a standard authorisation unless— \n\ta) they are required to do so by paragraph 24 (as read with paragraphs 27 to 29), \n\tb) they are required to do so by paragraph 25 (as read with paragraph 28), or \n\tc) they are permitted to do so by paragraph 30. *Duty to request authorisation: basic cases*\n\n24) \n1) The managing authority must request a standard authorisation in any of the following cases. \n2) The first case is where it appears to the managing authority that the relevant person— \n\ta) is not yet accommodated in the relevant hospital or care home, \n\tb) is likely — at some time within the next 28 days — to be a detained resident in the relevant hospital or care home, and \n\tc) is likely— \n\t\ti) at that time, or \n\t\tii) at some later time within the next 28 days, to meet all of the qualifying requirements. \n3) The second case is where it appears to the managing authority that the relevant person— \n\ta) is already accommodated in the relevant hospital or care home, \n\tb) is likely — at some time within the next 28 days — to be a detained resident in the relevant hospital or care home, and \n\tc) is likely— \n\t\ti) at that time, or \n\t\tii) at some later time within the next 28 days, to meet all of the qualifying requirements. \n4) The third case is where it appears to the managing authority that the relevant person— \n\ta) is a detained resident in the relevant hospital or care home, and \n\tb) meets all of the qualifying requirements, or is likely to do so at some time within the next 28 days. \n5) This paragraph is subject to paragraphs 27 to 29. *Duty to request authorisation: change in place of detention*\n\n25) \n1) The relevant managing authority must request a standard authorisation if it appears to them that these conditions are met. \n2) The first condition is that a standard authorisation— \n\ta) has been given, and \n\tb) has not ceased to be in force. \n3) The second condition is that there is, or is to be, a change in the place of detention. \n4) This paragraph is subject to paragraph 28. \n26) \n1) This paragraph applies for the purposes of paragraph 25. \n2) There is a change in the place of detention if the relevant person— \n\ta) ceases to be a detained resident in the stated hospital or care home, and \n\tb) becomes a detained resident in a different hospital or care home (“the new hospital or care home”). \n3) The stated hospital or care home is the hospital or care home to which the standard authorisation relates. \n4) The relevant managing authority are the managing authority of the new hospital or care home. *Other authority for detention: request for authorisation*\n\n27) \n1) This paragraph applies if, by virtue of section 4A(3), a decision of the court authorises the relevant person to be a detained resident. \n2) Paragraph 24 does not require a request for a standard authorisation to be made in relation to that detention unless these conditions are met. \n3) The first condition is that the standard authorisation would be in force at a time immediately after the expiry of the other authority. \n4) The second condition is that the standard authorisation would not be in force at any time on or before the expiry of the other authority. \n5) The third condition is that it would, in the managing authority's view, be unreasonable to delay making the request until a time nearer the expiry of the other authority. \n6) In this paragraph— \n\ta) the other authority is— \n\t\ti) the decision mentioned in sub-paragraph (1), or \n\t\tii) any further decision of the court which, by virtue of section 4A(3), authorises, or is expected to authorise, the relevant person to be a detained resident; \n\tb) the expiry of the other authority is the time when the other authority is expected to cease to authorise the relevant person to be a detained resident. *Request refused: no further request unless change of circumstances*\n\n28) \n1) This paragraph applies if— \n\ta) a managing authority request a standard authorisation under paragraph 24 or 25, and \n\tb) the supervisory body are prohibited by paragraph 50(2) from giving the authorisation. \n2) Paragraph 24 or 25 does not require that managing authority to make a new request for a standard authorisation unless it appears to the managing authority that— \n\ta) there has been a change in the relevant person's case, and \n\tb) because of that change, the supervisory body are likely to give a standard authorisation if requested. *Authorisation given: request for further authorisation*\n\n29) \n1) This paragraph applies if a standard authorisation— \n\ta) has been given in relation to the detention of the relevant person, and \n\tb) that authorisation (“the existing authorisation”) has not ceased to be in force. \n2) Paragraph 24 does not require a new request for a standard authorisation (“the new authorisation”) to be made unless these conditions are met. \n3) The first condition is that the new authorisation would be in force at a time immediately after the expiry of the existing authorisation. \n4) The second condition is that the new authorisation would not be in force at any time on or before the expiry of the existing authorisation. \n5) The third condition is that it would, in the managing authority's view, be unreasonable to delay making the request until a time nearer the expiry of the existing authorisation. \n6) The expiry of the existing authorisation is the time when it is expected to cease to be in force. *Power to request authorisation*\n\n30) \n1) This paragraph applies if— \n\ta) a standard authorisation has been given in relation to the detention of the relevant person, \n\tb) that authorisation (“the existing authorisation”) has not ceased to be in force, \n\tc) the requirement under paragraph 24 to make a request for a new standard authorisation does not apply, because of paragraph 29, and \n\td) a review of the existing authorisation has been requested, or is being carried out, in accordance with Part 8. \n2) The managing authority may request a new standard authorisation which would be in force on or before the expiry of the existing authorisation; but only if it would also be in force immediately after that expiry. \n3) The expiry of the existing authorisation is the time when it is expected to cease to be in force. \n4) Further provision relating to cases where a request is made under this paragraph can be found in— \n\ta) paragraph 62 (effect of decision about request), and \n\tb) paragraph 124 (effect of request on Part 8 review). *Information included in request*\n\n31) A request for a standard authorisation must include the information (if any) required by regulations. *Records of requests*\n\n32) \n1) The managing authority of a hospital or care home must keep a written record of— \n\ta) each request that they make for a standard authorisation, and \n\tb) the reasons for making each request. \n2) A supervisory body must keep a written record of each request for a standard authorisation that is made to them. *Relevant person must be assessed*\n\n33) \n1) This paragraph applies if the supervisory body are requested to give a standard authorisation. \n2) The supervisory body must secure that all of these assessments are carried out in relation to the relevant person— \n\ta) an age assessment; \n\tb) a mental health assessment; \n\tc) a mental capacity assessment; \n\td) a best interests assessment; \n\te) an eligibility assessment; \n\tf) a no refusals assessment. \n3) The person who carries out any such assessment is referred to as the assessor. \n4) Regulations may be made about the period (or periods) within which assessors must carry out assessments. \n5) This paragraph is subject to paragraphs 49 and 133. *Age assessment*\n\n34) An age assessment is an assessment of whether the relevant person meets the age requirement. *Mental health assessment*\n\n35) A mental health assessment is an assessment of whether the relevant person meets the mental health requirement. \n36) When carrying out a mental health assessment, the assessor must also— \n\ta) consider how (if at all) the relevant person's mental health is likely to be affected by his being a detained resident, and \n\tb) notify the best interests assessor of his conclusions. *Mental capacity assessment*\n\n37) A mental capacity assessment is an assessment of whether the relevant person meets the mental capacity requirement. *Best interests assessment*\n\n38) A best interests assessment is an assessment of whether the relevant person meets the best interests requirement. \n39) \n1) In carrying out a best interests assessment, the assessor must comply with the duties in sub-paragraphs (2) and (3). \n2) The assessor must consult the managing authority of the relevant hospital or care home. \n3) The assessor must have regard to all of the following— \n\ta) the conclusions which the mental health assessor has notified to the best interests assessor in accordance with paragraph 36(b); \n\tb) any relevant needs assessment; \n\tc) any relevant care plan. \n4) A relevant needs assessment is an assessment of the relevant person's needs which— \n\ta) was carried out in connection with the relevant person being accommodated in the relevant hospital or care home, and \n\tb) was carried out by or on behalf of— \n\t\ti) the managing authority of the relevant hospital or care home, or \n\t\tii) the supervisory body. \n5) A relevant care plan is a care plan which— \n\ta) sets out how the relevant person's needs are to be met whilst he is accommodated in the relevant hospital or care home, and \n\tb) was drawn up by or on behalf of— \n\t\ti) the managing authority of the relevant hospital or care home, or \n\t\tii) the supervisory body. \n6) The managing authority must give the assessor a copy of— \n\ta) any relevant needs assessment carried out by them or on their behalf, or \n\tb) any relevant care plan drawn up by them or on their behalf. \n7) The supervisory body must give the assessor a copy of— \n\ta) any relevant needs assessment carried out by them or on their behalf, or \n\tb) any relevant care plan drawn up by them or on their behalf. \n8) The duties in sub-paragraphs (2) and (3) do not affect any other duty to consult or to take the views of others into account. \n40) \n1) This paragraph applies whatever conclusion the best interests assessment comes to. \n2) The assessor must state in the best interests assessment the name and address of every interested person whom he has consulted in carrying out the assessment. \n41) Paragraphs 42 and 43 apply if the best interests assessment comes to the conclusion that the relevant person meets the best interests requirement. \n42) \n1) The assessor must state in the assessment the maximum authorisation period. \n2) The maximum authorisation period is the shorter of these periods— \n\ta) the period which, in the assessor's opinion, would be the appropriate maximum period for the relevant person to be a detained resident under the standard authorisation that has been requested; \n\tb) 1 year, or such shorter period as may be prescribed in regulations. \n3) Regulations under sub-paragraph (2)(b)— \n\ta) need not provide for a shorter period to apply in relation to all standard authorisations; \n\tb) may provide for different periods to apply in relation to different kinds of standard authorisations. \n4) Before making regulations under sub-paragraph (2)(b) the Secretary of State must consult all of the following— \n\ta) each body required by regulations under paragraph 162 to monitor and report on the operation of this Schedule in relation to England; \n\tb) such other persons as the Secretary of State considers it appropriate to consult. \n5) Before making regulations under sub-paragraph (2)(b) the National Assembly for Wales must consult all of the following— \n\ta) each person or body directed under paragraph 163(2) to carry out any function of the Assembly of monitoring and reporting on the operation of this Schedule in relation to Wales; \n\tb) such other persons as the Assembly considers it appropriate to consult. \n43) The assessor may include in the assessment recommendations about conditions to which the standard authorisation is, or is not, to be subject in accordance with paragraph 53. \n44) \n1) This paragraph applies if the best interests assessment comes to the conclusion that the relevant person does not meet the best interests requirement. \n2) If, on the basis of the information taken into account in carrying out the assessment, it appears to the assessor that there is an unauthorised deprivation of liberty, he must include a statement to that effect in the assessment. \n3) There is an unauthorised deprivation of liberty if the managing authority of the relevant hospital or care home are already depriving the relevant person of his liberty without authority of the kind mentioned in section 4A. \n45) The duties with which the best interests assessor must comply are subject to the provision included in appointment regulations under Part 10 (in particular, provision made under paragraph 146). *Eligibility assessment*\n\n46) An eligibility assessment is an assessment of whether the relevant person meets the eligibility requirement. \n47) \n1) Regulations may— \n\ta) require an eligibility assessor to request a best interests assessor to provide relevant eligibility information, and \n\tb) require the best interests assessor, if such a request is made, to provide such relevant eligibility information as he may have. \n2) In this paragraph— \n\t- “best interests assessor” means any person who is carrying out, or has carried out, a best interests assessment in relation to the relevant person;\n\t- “eligibility assessor” means a person carrying out an eligibility assessment in relation to the relevant person;\n\t- “relevant eligibility information” is information relevant to assessing whether or not the relevant person is ineligible by virtue of paragraph 5 of Schedule 1A.*No refusals assessment*\n\n48) A no refusals assessment is an assessment of whether the relevant person meets the no refusals requirement. *Equivalent assessment already carried out*\n\n49) \n1) The supervisory body are not required by paragraph 33 to secure that a particular kind of assessment (“the required assessment”) is carried out in relation to the relevant person if the following conditions are met. \n2) The first condition is that the supervisory body have a written copy of an assessment of the relevant person (“the existing assessment”) that has already been carried out. \n3) The second condition is that the existing assessment complies with all requirements under this Schedule with which the required assessment would have to comply (if it were carried out). \n4) The third condition is that the existing assessment was carried out within the previous 12 months; but this condition need not be met if the required assessment is an age assessment. \n5) The fourth condition is that the supervisory body are satisfied that there is no reason why the existing assessment may no longer be accurate. \n6) If the required assessment is a best interests assessment, in satisfying themselves as mentioned in sub-paragraph (5), the supervisory body must take into account any information given, or submissions made, by— \n\ta) the relevant person's representative, \n\tb) any section 39C IMCA, or \n\tc) any section 39D IMCA. \n7) It does not matter whether the existing assessment was carried out in connection with a request for a standard authorisation or for some other purpose. \n8) If, because of this paragraph, the supervisory body are not required by paragraph 33 to secure that the required assessment is carried out, the existing assessment is to be treated for the purposes of this Schedule— \n\ta) as an assessment of the same kind as the required assessment, and \n\tb) as having been carried out under paragraph 33 in connection with the request for the standard authorisation. *Duty to give authorisation*\n\n50) \n1) The supervisory body must give a standard authorisation if— \n\ta) all assessments are positive, and \n\tb) the supervisory body have written copies of all those assessments. \n2) The supervisory body must not give a standard authorisation except in accordance with sub-paragraph (1). \n3) All assessments are positive if each assessment carried out under paragraph 33 has come to the conclusion that the relevant person meets the qualifying requirement to which the assessment relates. *Terms of authorisation*\n\n51) \n1) If the supervisory body are required to give a standard authorisation, they must decide the period during which the authorisation is to be in force. \n2) That period must not exceed the maximum authorisation period stated in the best interests assessment. \n52) A standard authorisation may provide for the authorisation to come into force at a time after it is given. \n53) \n1) A standard authorisation may be given subject to conditions. \n2) Before deciding whether to give the authorisation subject to conditions, the supervisory body must have regard to any recommendations in the best interests assessment about such conditions. \n3) The managing authority of the relevant hospital or care home must ensure that any conditions are complied with. *Form of authorisation*\n\n54) A standard authorisation must be in writing. \n55) \n1) A standard authorisation must state the following things— \n\ta) the name of the relevant person; \n\tb) the name of the relevant hospital or care home; \n\tc) the period during which the authorisation is to be in force; \n\td) the purpose for which the authorisation is given; \n\te) any conditions subject to which the authorisation is given; \n\tf) the reason why each qualifying requirement is met. \n2) The statement of the reason why the eligibility requirement is met must be framed by reference to the cases in the table in paragraph 2 of Schedule 1A. \n56) \n1) If the name of the relevant hospital or care home changes, the standard authorisation is to be read as if it stated the current name of the hospital or care home. \n2) But sub-paragraph (1) is subject to any provision relating to the change of name which is made in any enactment or in any instrument made under an enactment. *Duty to give information about decision*\n\n57) \n1) This paragraph applies if— \n\ta) a request is made for a standard authorisation, and \n\tb) the supervisory body are required by paragraph 50(1) to give the standard authorisation. \n2) The supervisory body must give a copy of the authorisation to each of the following— \n\ta) the relevant person's representative; \n\tb) the managing authority of the relevant hospital or care home; \n\tc) the relevant person; \n\td) any section 39A IMCA; \n\te) every interested person consulted by the best interests assessor. \n3) The supervisory body must comply with this paragraph as soon as practicable after they give the standard authorisation. \n58) \n1) This paragraph applies if— \n\ta) a request is made for a standard authorisation, and \n\tb) the supervisory body are prohibited by paragraph 50(2) from giving the standard authorisation. \n2) The supervisory body must give notice, stating that they are prohibited from giving the authorisation, to each of the following— \n\ta) the managing authority of the relevant hospital or care home; \n\tb) the relevant person; \n\tc) any section 39A IMCA; \n\td) every interested person consulted by the best interests assessor. \n3) The supervisory body must comply with this paragraph as soon as practicable after it becomes apparent to them that they are prohibited from giving the authorisation. *Duty to give information about effect of authorisation*\n\n59) \n1) This paragraph applies if a standard authorisation is given. \n2) The managing authority of the relevant hospital or care home must take such steps as are practicable to ensure that the relevant person understands all of the following— \n\ta) the effect of the authorisation; \n\tb) the right to make an application to the court to exercise its jurisdiction under section 21A; \n\tc) the right under Part 8 to request a review; \n\td) the right to have a section 39D IMCA appointed; \n\te) how to have a section 39D IMCA appointed. \n3) Those steps must be taken as soon as is practicable after the authorisation is given. \n4) Those steps must include the giving of appropriate information both orally and in writing. \n5) Any written information given to the relevant person must also be given by the managing authority to the relevant person's representative. \n6) They must give the information to the representative as soon as is practicable after it is given to the relevant person. \n7) Sub-paragraph (8) applies if the managing authority is notified that a section 39D IMCA has been appointed. \n8) As soon as is practicable after being notified, the managing authority must give the section 39D IMCA a copy of the written information given in accordance with sub-paragraph (4). *Records of authorisations*\n\n60) A supervisory body must keep a written record of all of the following information— \n\ta) the standard authorisations that they have given; \n\tb) the requests for standard authorisations in response to which they have not given an authorisation; \n\tc) in relation to each standard authorisation given: the matters stated in the authorisation in accordance with paragraph 55. *Variation of an authorisation*\n\n61) \n1) A standard authorisation may not be varied except in accordance with Part 7 or 8. \n2) This paragraph does not affect the powers of the Court of Protection or of any other court. *Effect of decision about request made under paragraph 25 or 30*\n\n62) \n1) This paragraph applies where the managing authority request a new standard authorisation under either of the following— \n\ta) paragraph 25 (change in place of detention); \n\tb) paragraph 30 (existing authorisation subject to review). \n2) If the supervisory body are required by paragraph 50(1) to give the new authorisation, the existing authorisation terminates at the time when the new authorisation comes into force. \n3) If the supervisory body are prohibited by paragraph 50(2) from giving the new authorisation, there is no effect on the existing authorisation's continuation in force. *When an authorisation is in force*\n\n63) \n1) A standard authorisation comes into force when it is given. \n2) But if the authorisation provides for it to come into force at a later time, it comes into force at that time. \n64) \n1) A standard authorisation ceases to be in force at the end of the period stated in the authorisation in accordance with paragraph 55(1)(c). \n2) But if the authorisation terminates before then in accordance with paragraph 62(2) or any other provision of this Schedule, it ceases to be in force when the termination takes effect. \n3) This paragraph does not affect the powers of the Court of Protection or of any other court. \n65) \n1) This paragraph applies if a standard authorisation ceases to be in force. \n2) The supervisory body must give notice that the authorisation has ceased to be in force. \n3) The supervisory body must give that notice to all of the following— \n\ta) the managing authority of the relevant hospital or care home; \n\tb) the relevant person; \n\tc) the relevant person's representative; \n\td) every interested person consulted by the best interests assessor. \n4) The supervisory body must give that notice as soon as practicable after the authorisation ceases to be in force. *When a request for a standard authorisation is  “disposed of”*\n\n66) A request for a standard authorisation is to be regarded for the purposes of this Schedule as disposed of if the supervisory body have given— \n\ta) a copy of the authorisation in accordance with paragraph 57, or \n\tb) notice in accordance with paragraph 58. *Right of third party to require consideration of whether authorisation needed*\n\n67) For the purposes of paragraphs 68 to 73 there is an unauthorised deprivation of liberty if— \n\ta) a person is already a detained resident in a hospital or care home, and \n\tb) the detention of the person is not authorised as mentioned in section 4A. \n68) \n1) If the following conditions are met, an eligible person may request the supervisory body to decide whether or not there is an unauthorised deprivation of liberty. \n2) The first condition is that the eligible person has notified the managing authority of the relevant hospital or care home that it appears to the eligible person that there is an unauthorised deprivation of liberty. \n3) The second condition is that the eligible person has asked the managing authority to request a standard authorisation in relation to the detention of the relevant person. \n4) The third condition is that the managing authority has not requested a standard authorisation within a reasonable period after the eligible person asks it to do so. \n5) In this paragraph  “eligible person” means any person other than the managing authority of the relevant hospital or care home. \n69) \n1) This paragraph applies if an eligible person requests the supervisory body to decide whether or not there is an unauthorised deprivation of liberty. \n2) The supervisory body must select and appoint a person to carry out an assessment of whether or not the relevant person is a detained resident. \n3) But the supervisory body need not select and appoint a person to carry out such an assessment in either of these cases. \n4) The first case is where it appears to the supervisory body that the request by the eligible person is frivolous or vexatious. \n5) The second case is where it appears to the supervisory body that— \n\ta) the question of whether or not there is an unauthorised deprivation of liberty has already been decided, and \n\tb) since that decision, there has been no change of circumstances which would merit the question being decided again. \n6) The supervisory body must not select and appoint a person to carry out an assessment under this paragraph unless it appears to the supervisory body that the person would be— \n\ta) suitable to carry out a best interests assessment (if one were obtained in connection with a request for a standard authorisation relating to the relevant person), and \n\tb) eligible to carry out such a best interests assessment. \n7) The supervisory body must notify the persons specified in sub-paragraph (8)— \n\ta) that the supervisory body have been requested to decide whether or not there is an unauthorised deprivation of liberty; \n\tb) of their decision whether or not to select and appoint a person to carry out an assessment under this paragraph; \n\tc) if their decision is to select and appoint a person, of the person appointed. \n8) The persons referred to in sub-paragraph (7) are— \n\ta) the eligible person who made the request under paragraph 68; \n\tb) the person to whom the request relates; \n\tc) the managing authority of the relevant hospital or care home; \n\td) any section 39A IMCA. \n70) \n1) Regulations may be made about the period within which an assessment under paragraph 69 must be carried out. \n2) Regulations made under paragraph 129(3) apply in relation to the selection and appointment of a person under paragraph 69 as they apply to the selection of a person under paragraph 129 to carry out a best interests assessment. \n3) The following provisions apply to an assessment under paragraph 69 as they apply to an assessment carried out in connection with a request for a standard authorisation— \n\ta) paragraph 131 (examination and copying of records); \n\tb) paragraph 132 (representations); \n\tc) paragraphs 134 and 135(1) and (2)\n\t\t\t\t\t\t\t(duty to keep records and give copies). \n4) The copies of the assessment which the supervisory body are required to give under paragraph 135(2) must be given as soon as practicable after the supervisory body are themselves given a copy of the assessment. \n71) \n1) This paragraph applies if— \n\ta) the supervisory body obtain an assessment under paragraph 69, \n\tb) the assessment comes to the conclusion that the relevant person is a detained resident, and \n\tc) it appears to the supervisory body that the detention of the person is not authorised as mentioned in section 4A. \n2) This Schedule (including Part 5) applies as if the managing authority of the relevant hospital or care home had, in accordance with Part 4, requested the supervisory body to give a standard authorisation in relation to the relevant person. \n3) The managing authority of the relevant hospital or care home must supply the supervisory body with the information (if any) which the managing authority would, by virtue of paragraph 31, have had to include in a request for a standard authorisation. \n4) The supervisory body must notify the persons specified in paragraph 69(8)— \n\ta) of the outcome of the assessment obtained under paragraph 69, and \n\tb) that this Schedule applies as mentioned in sub-paragraph (2). \n72) \n1) This paragraph applies if— \n\ta) the supervisory body obtain an assessment under paragraph 69, and \n\tb) the assessment comes to the conclusion that the relevant person is not a detained resident. \n2) The supervisory body must notify the persons specified in paragraph 69(8) of the outcome of the assessment. \n73) \n1) This paragraph applies if— \n\ta) the supervisory body obtain an assessment under paragraph 69, \n\tb) the assessment comes to the conclusion that the relevant person is a detained resident, and \n\tc) it appears to the supervisory body that the detention of the person is authorised as mentioned in section 4A. \n2) The supervisory body must notify the persons specified in paragraph 69(8)— \n\ta) of the outcome of the assessment, and \n\tb) that it appears to the supervisory body that the detention is authorised. ## Part 5\n## Urgent authorisations\n\n*Managing authority to give authorisation*\n\n74) Only the managing authority of the relevant hospital or care home may give an urgent authorisation. \n75) The managing authority may give an urgent authorisation only if they are required to do so by paragraph 76 (as read with paragraph 77). *Duty to give authorisation*\n\n76) \n1) The managing authority must give an urgent authorisation in either of the following cases. \n2) The first case is where— \n\ta) the managing authority are required to make a request under paragraph 24 or 25 for a standard authorisation, and \n\tb) they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before they make the request. \n3) The second case is where— \n\ta) the managing authority have made a request under paragraph 24 or 25 for a standard authorisation, and \n\tb) they believe that the need for the relevant person to be a detained resident is so urgent that it is appropriate for the detention to begin before the request is disposed of. \n4) References in this paragraph to the detention of the relevant person are references to the detention to which paragraph 24 or 25 relates. \n5) This paragraph is subject to paragraph 77. \n77) \n1) This paragraph applies where the managing authority have given an urgent authorisation (“the original authorisation”) in connection with a case where a person is, or is to be, a detained resident (“the existing detention”). \n2) No new urgent authorisation is to be given under paragraph 76 in connection with the existing detention. \n3) But the managing authority may request the supervisory body to extend the duration of the original authorisation. \n4) Only one request under sub-paragraph (3) may be made in relation to the original authorisation. \n5) Paragraphs 84 to 86 apply to any request made under sub-paragraph (3). *Terms of authorisation*\n\n78) \n1) If the managing authority decide to give an urgent authorisation, they must decide the period during which the authorisation is to be in force. \n2) That period must not exceed 7 days. *Form of authorisation*\n\n79) An urgent authorisation must be in writing. \n80) An urgent authorisation must state the following things— \n\ta) the name of the relevant person; \n\tb) the name of the relevant hospital or care home; \n\tc) the period during which the authorisation is to be in force; \n\td) the purpose for which the authorisation is given. \n81) \n1) If the name of the relevant hospital or care home changes, the urgent authorisation is to be read as if it stated the current name of the hospital or care home. \n2) But sub-paragraph (1) is subject to any provision relating to the change of name which is made in any enactment or in any instrument made under an enactment. *Duty to keep records and give copies*\n\n82) \n1) This paragraph applies if an urgent authorisation is given. \n2) The managing authority must keep a written record of why they have given the urgent authorisation. \n3) As soon as practicable after giving the authorisation, the managing authority must give a copy of the authorisation to all of the following— \n\ta) the relevant person; \n\tb) any section 39A IMCA. *Duty to give information about authorisation*\n\n83) \n1) This paragraph applies if an urgent authorisation is given. \n2) The managing authority of the relevant hospital or care home must take such steps as are practicable to ensure that the relevant person understands all of the following— \n\ta) the effect of the authorisation; \n\tb) the right to make an application to the court to exercise its jurisdiction under section 21A. \n3) Those steps must be taken as soon as is practicable after the authorisation is given. \n4) Those steps must include the giving of appropriate information both orally and in writing. *Request for extension of duration*\n\n84) \n1) This paragraph applies if the managing authority make a request under paragraph 77 for the supervisory body to extend the duration of the original authorisation. \n2) The managing authority must keep a written record of why they have made the request. \n3) The managing authority must give the relevant person notice that they have made the request. \n4) The supervisory body may extend the duration of the original authorisation if it appears to them that— \n\ta) the managing authority have made the required request for a standard authorisation, \n\tb) there are exceptional reasons why it has not yet been possible for that request to be disposed of, and \n\tc) it is essential for the existing detention to continue until the request is disposed of. \n5) The supervisory body must keep a written record that the request has been made to them. \n6) In this paragraph and paragraphs 85 and 86— \n\ta) “original authorisation” and  “existing detention” have the same meaning as in paragraph 77; \n\tb) the required request for a standard authorisation is the request that is referred to in paragraph 76(2) or (3). \n85) \n1) This paragraph applies if, under paragraph 84, the supervisory body decide to extend the duration of the original authorisation. \n2) The supervisory body must decide the period of the extension. \n3) That period must not exceed 7 days. \n4) The supervisory body must give the managing authority notice stating the period of the extension. \n5) The managing authority must then vary the original authorisation so that it states the extended duration. \n6) Paragraphs 82(3) and 83 apply (with the necessary modifications) to the variation of the original authorisation as they apply to the giving of an urgent authorisation. \n7) The supervisory body must keep a written record of— \n\ta) the outcome of the request, and \n\tb) the period of the extension. \n86) \n1) This paragraph applies if, under paragraph 84, the supervisory body decide not to extend the duration of the original authorisation. \n2) The supervisory body must give the managing authority notice stating— \n\ta) the decision, and \n\tb) their reasons for making it. \n3) The managing authority must give a copy of that notice to all of the following— \n\ta) the relevant person; \n\tb) any section 39A IMCA. \n4) The supervisory body must keep a written record of the outcome of the request. *No variation*\n\n87) \n1) An urgent authorisation may not be varied except in accordance with paragraph 85. \n2) This paragraph does not affect the powers of the Court of Protection or of any other court. *When an authorisation is in force*\n\n88) An urgent authorisation comes into force when it is given. \n89) \n1) An urgent authorisation ceases to be in force at the end of the period stated in the authorisation in accordance with paragraph 80(c)\n\t\t\t\t\t(subject to any variation in accordance with paragraph 85). \n2) But if the required request is disposed of before the end of that period, the urgent authorisation ceases to be in force as follows. \n3) If the supervisory body are required by paragraph 50(1) to give the requested authorisation, the urgent authorisation ceases to be in force when the requested authorisation comes into force. \n4) If the supervisory body are prohibited by paragraph 50(2) from giving the requested authorisation, the urgent authorisation ceases to be in force when the managing authority receive notice under paragraph 58. \n5) In this paragraph— \n\t- “required request” means the request referred to in paragraph 76(2) or (3);\n\t- “requested authorisation” means the standard authorisation to which the required request relates.\n6) This paragraph does not affect the powers of the Court of Protection or of any other court. \n90) \n1) This paragraph applies if an urgent authorisation ceases to be in force. \n2) The supervisory body must give notice that the authorisation has ceased to be in force. \n3) The supervisory body must give that notice to all of the following— \n\ta) the relevant person; \n\tb) any section 39A IMCA. \n4) The supervisory body must give that notice as soon as practicable after the authorisation ceases to be in force. ## Part 6\n## Eligibility requirement not met: suspension of standard authorisation\n\n\n91) \n1) This Part applies if the following conditions are met. \n2) The first condition is that a standard authorisation— \n\ta) has been given, and \n\tb) has not ceased to be in force. \n3) The second condition is that the managing authority of the relevant hospital or care home are satisfied that the relevant person has ceased to meet the eligibility requirement. \n4) But this Part does not apply if the relevant person is ineligible by virtue of paragraph 5 of Schedule 1A (in which case see Part 8). \n92) The managing authority of the relevant hospital or care home must give the supervisory body notice that the relevant person has ceased to meet the eligibility requirement. \n93) \n1) This paragraph applies if the managing authority give the supervisory body notice under paragraph 92. \n2) The standard authorisation is suspended from the time when the notice is given. \n3) The supervisory body must give notice that the standard authorisation has been suspended to the following persons— \n\ta) the relevant person; \n\tb) the relevant person's representative; \n\tc) the managing authority of the relevant hospital or care home. \n94) \n1) This paragraph applies if, whilst the standard authorisation is suspended, the managing authority are satisfied that the relevant person meets the eligibility requirement again. \n2) The managing authority must give the supervisory body notice that the relevant person meets the eligibility requirement again. \n95) \n1) This paragraph applies if the managing authority give the supervisory body notice under paragraph 94. \n2) The standard authorisation ceases to be suspended from the time when the notice is given. \n3) The supervisory body must give notice that the standard authorisation has ceased to be suspended to the following persons— \n\ta) the relevant person; \n\tb) the relevant person's representative; \n\tc) any section 39D IMCA; \n\td) the managing authority of the relevant hospital or care home. \n4) The supervisory body must give notice under this paragraph as soon as practicable after they are given notice under paragraph 94. \n96) \n1) This paragraph applies if no notice is given under paragraph 94 before the end of the relevant 28 day period. \n2) The standard authorisation ceases to have effect at the end of the relevant 28 day period. \n3) The relevant 28 day period is the period of 28 days beginning with the day on which the standard authorisation is suspended under paragraph 93. \n97) The effect of suspending the standard authorisation is that Part 1 ceases to apply for as long as the authorisation is suspended. ## Part 7\n## Standard authorisations: change in supervisory responsibility\n\n*Application of this Part*\n\n98) \n1) This Part applies if these conditions are met. \n2) The first condition is that a standard authorisation— \n\ta) has been given, and \n\tb) has not ceased to be in force. \n3) The second condition is that there is a change in supervisory responsibility. \n4) The third condition is that there is not a change in the place of detention (within the meaning of paragraph 25). \n99) For the purposes of this Part there is a change in supervisory responsibility if— \n\ta) one body (“the old supervisory body”) have ceased to be supervisory body in relation to the standard authorisation, and \n\tb) a different body (“the new supervisory body”) have become supervisory body in relation to the standard authorisation. *Effect of change in supervisory responsibility*\n\n100) \n1) The new supervisory body becomes the supervisory body in relation to the authorisation. \n2) Anything done by or in relation to the old supervisory body in connection with the authorisation has effect, so far as is necessary for continuing its effect after the change, as if done by or in relation to the new supervisory body. \n3) Anything which relates to the authorisation and which is in the process of being done by or in relation to the old supervisory body at the time of the change may be continued by or in relation to the new supervisory body. \n4) But— \n\ta) the old supervisory body do not, by virtue of this paragraph, cease to be liable for anything done by them in connection with the authorisation before the change; and \n\tb) the new supervisory body do not, by virtue of this paragraph, become liable for any such thing. ## Part 8\n## Standard authorisations: review\n\n*Application of this Part*\n\n101) \n1) This Part applies if a standard authorisation— \n\ta) has been given, and \n\tb) has not ceased to be in force. \n2) Paragraphs 102 to 122 are subject to paragraphs 123 to 125. *Review by supervisory body*\n\n102) \n1) The supervisory body may at any time carry out a review of the standard authorisation in accordance with this Part. \n2) The supervisory body must carry out such a review if they are requested to do so by an eligible person. \n3) Each of the following is an eligible person— \n\ta) the relevant person; \n\tb) the relevant person's representative; \n\tc) the managing authority of the relevant hospital or care home. *Request for review*\n\n103) \n1) An eligible person may, at any time, request the supervisory body to carry out a review of the standard authorisation in accordance with this Part. \n2) The managing authority of the relevant hospital or care home must make such a request if one or more of the qualifying requirements appear to them to be reviewable. *Grounds for review*\n\n104) \n1) Paragraphs 105 to 107 set out the grounds on which the qualifying requirements are reviewable. \n2) A qualifying requirement is not reviewable on any other ground. *Non-qualification ground*\n\n105) \n1) Any of the following qualifying requirements is reviewable on the ground that the relevant person does not meet the requirement— \n\ta) the age requirement; \n\tb) the mental health requirement; \n\tc) the mental capacity requirement; \n\td) the best interests requirement; \n\te) the no refusals requirement. \n2) The eligibility requirement is reviewable on the ground that the relevant person is ineligible by virtue of paragraph 5 of Schedule 1A. \n3) The ground in sub-paragraph (1) and the ground in sub-paragraph (2) are referred to as the non-qualification ground. *Change of reason ground*\n\n106) \n1) Any of the following qualifying requirements is reviewable on the ground set out in sub-paragraph (2)— \n\ta) the mental health requirement; \n\tb) the mental capacity requirement; \n\tc) the best interests requirement; \n\td) the eligibility requirement; \n\te) the no refusals requirement. \n2) The ground is that the reason why the relevant person meets the requirement is not the reason stated in the standard authorisation. \n3) This ground is referred to as the change of reason ground. *Variation of conditions ground*\n\n107) \n1) The best interests requirement is reviewable on the ground that— \n\ta) there has been a change in the relevant person's case, and \n\tb) because of that change, it would be appropriate to vary the conditions to which the standard authorisation is subject. \n2) This ground is referred to as the variation of conditions ground. \n3) A reference to varying the conditions to which the standard authorisation is subject is a reference to— \n\ta) amendment of an existing condition, \n\tb) omission of an existing condition, or \n\tc) inclusion of a new condition (whether or not there are already any existing conditions). *Notice that review to be carried out*\n\n108) \n1) If the supervisory body are to carry out a review of the standard authorisation, they must give notice of the review to the following persons— \n\ta) the relevant person; \n\tb) the relevant person's representative; \n\tc) the managing authority of the relevant hospital or care home. \n2) The supervisory body must give the notice— \n\ta) before they begin the review, or \n\tb) if that is not practicable, as soon as practicable after they have begun it. \n3) This paragraph does not require the supervisory body to give notice to any person who has requested the review. *Starting a review*\n\n109) To start a review of the standard authorisation, the supervisory body must decide which, if any, of the qualifying requirements appear to be reviewable. *No reviewable qualifying requirements*\n\n110) \n1) This paragraph applies if no qualifying requirements appear to be reviewable. \n2) This Part does not require the supervisory body to take any action in respect of the standard authorisation. *One or more reviewable qualifying requirements*\n\n111) \n1) This paragraph applies if one or more qualifying requirements appear to be reviewable. \n2) The supervisory body must secure that a separate review assessment is carried out in relation to each qualifying requirement which appears to be reviewable. \n3) But sub-paragraph (2) does not require the supervisory body to secure that a best interests review assessment is carried out in a case where the best interests requirement appears to the supervisory body to be non-assessable. \n4) The best interests requirement is non-assessable if— \n\ta) the requirement is reviewable only on the variation of conditions ground, and \n\tb) the change in the relevant person's case is not significant. \n5) In making any decision whether the change in the relevant person's case is significant, regard must be had to— \n\ta) the nature of the change, and \n\tb) the period that the change is likely to last for. *Review assessments*\n\n112) \n1) A review assessment is an assessment of whether the relevant person meets a qualifying requirement. \n2) In relation to a review assessment— \n\ta) a negative conclusion is a conclusion that the relevant person does not meet the qualifying requirement to which the assessment relates; \n\tb) a positive conclusion is a conclusion that the relevant person meets the qualifying requirement to which the assessment relates. \n3) An age review assessment is a review assessment carried out in relation to the age requirement. \n4) A mental health review assessment is a review assessment carried out in relation to the mental health requirement. \n5) A mental capacity review assessment is a review assessment carried out in relation to the mental capacity requirement. \n6) A best interests review assessment is a review assessment carried out in relation to the best interests requirement. \n7) An eligibility review assessment is a review assessment carried out in relation to the eligibility requirement. \n8) A no refusals review assessment is a review assessment carried out in relation to the no refusals requirement. \n113) \n1) In carrying out a review assessment, the assessor must comply with any duties which would be imposed upon him under Part 4 if the assessment were being carried out in connection with a request for a standard authorisation. \n2) But in the case of a best interests review assessment, paragraphs 43 and 44 do not apply. \n3) Instead of what is required by paragraph 43, the best interests review assessment must include recommendations about whether — and, if so, how — it would be appropriate to vary the conditions to which the standard authorisation is subject. *Best interests requirement reviewable but non-assessable*\n\n114) \n1) This paragraph applies in a case where— \n\ta) the best interests requirement appears to be reviewable, but \n\tb) in accordance with paragraph 111(3), the supervisory body are not required to secure that a best interests review assessment is carried out. \n2) The supervisory body may vary the conditions to which the standard authorisation is subject in such ways (if any) as the supervisory body think are appropriate in the circumstances. *Best interests review assessment positive*\n\n115) \n1) This paragraph applies in a case where— \n\ta) a best interests review assessment is carried out, and \n\tb) the assessment comes to a positive conclusion. \n2) The supervisory body must decide the following questions— \n\ta) whether or not the best interests requirement is reviewable on the change of reason ground; \n\tb) whether or not the best interests requirement is reviewable on the variation of conditions ground; \n\tc) if so, whether or not the change in the person's case is significant. \n3) If the supervisory body decide that the best interests requirement is reviewable on the change of reason ground, they must vary the standard authorisation so that it states the reason why the relevant person now meets that requirement. \n4) If the supervisory body decide that— \n\ta) the best interests requirement is reviewable on the variation of conditions ground, and \n\tb) the change in the relevant person's case is not significant, they may vary the conditions to which the standard authorisation is subject in such ways (if any) as they think are appropriate in the circumstances. \n5) If the supervisory body decide that— \n\ta) the best interests requirement is reviewable on the variation of conditions ground, and \n\tb) the change in the relevant person's case is significant, they must vary the conditions to which the standard authorisation is subject in such ways as they think are appropriate in the circumstances. \n6) If the supervisory body decide that the best interests requirement is not reviewable on— \n\ta) the change of reason ground, or \n\tb) the variation of conditions ground, this Part does not require the supervisory body to take any action in respect of the standard authorisation so far as the best interests requirement relates to it. *Mental health, mental capacity, eligibility or no refusals review assessment positive*\n\n116) \n1) This paragraph applies if the following conditions are met. \n2) The first condition is that one or more of the following are carried out— \n\ta) a mental health review assessment; \n\tb) a mental capacity review assessment; \n\tc) an eligibility review assessment; \n\td) a no refusals review assessment. \n3) The second condition is that each assessment carried out comes to a positive conclusion. \n4) The supervisory body must decide whether or not each of the assessed qualifying requirements is reviewable on the change of reason ground. \n5) If the supervisory body decide that any of the assessed qualifying requirements is reviewable on the change of reason ground, they must vary the standard authorisation so that it states the reason why the relevant person now meets the requirement or requirements in question. \n6) If the supervisory body decide that none of the assessed qualifying requirements are reviewable on the change of reason ground, this Part does not require the supervisory body to take any action in respect of the standard authorisation so far as those requirements relate to it. \n7) An assessed qualifying requirement is a qualifying requirement in relation to which a review assessment is carried out. *One or more review assessments negative*\n\n117) \n1) This paragraph applies if one or more of the review assessments carried out comes to a negative conclusion. \n2) The supervisory body must terminate the standard authorisation with immediate effect. *Completion of a review*\n\n118) \n1) The review of the standard authorisation is complete in any of the following cases. \n2) The first case is where paragraph 110 applies. \n3) The second case is where— \n\ta) paragraph 111 applies, and \n\tb) paragraph 117 requires the supervisory body to terminate the standard authorisation. \n4) In such a case, the supervisory body need not comply with any of the other provisions of paragraphs 114 to 116 which would be applicable to the review (were it not for this sub-paragraph). \n5) The third case is where— \n\ta) paragraph 111 applies, \n\tb) paragraph 117 does not require the supervisory body to terminate the standard authorisation, and \n\tc) the supervisory body comply with all of the provisions of paragraphs 114 to 116 (so far as they are applicable to the review). *Variations under this Part*\n\n119) Any variation of the standard authorisation made under this Part must be in writing. *Notice of outcome of review*\n\n120) \n1) When the review of the standard authorisation is complete, the supervisory body must give notice to all of the following— \n\ta) the managing authority of the relevant hospital or care home; \n\tb) the relevant person; \n\tc) the relevant person's representative; \n\td) any section 39D IMCA. \n2) That notice must state— \n\ta) the outcome of the review, and \n\tb) what variation (if any) has been made to the authorisation under this Part. *Records*\n\n121) A supervisory body must keep a written record of the following information— \n\ta) each request for a review that is made to them; \n\tb) the outcome of each request; \n\tc) each review which they carry out; \n\td) the outcome of each review which they carry out; \n\te) any variation of an authorisation made in consequence of a review. *Relationship between review and suspension under Part 6*\n\n122) \n1) This paragraph applies if a standard authorisation is suspended in accordance with Part 6. \n2) No review may be requested under this Part whilst the standard authorisation is suspended. \n3) If a review has already been requested, or is being carried out, when the standard authorisation is suspended, no steps are to be taken in connection with that review whilst the authorisation is suspended. *Relationship between review and request for new authorisation*\n\n123) \n1) This paragraph applies if, in accordance with paragraph 24 (as read with paragraph 29), the managing authority of the relevant hospital or care home make a request for a new standard authorisation which would be in force after the expiry of the existing authorisation. \n2) No review may be requested under this Part until the request for the new standard authorisation has been disposed of. \n3) If a review has already been requested, or is being carried out, when the new standard authorisation is requested, no steps are to be taken in connection with that review until the request for the new standard authorisation has been disposed of. \n124) \n1) This paragraph applies if— \n\ta) a review under this Part has been requested, or is being carried out, and \n\tb) the managing authority of the relevant hospital or care home make a request under paragraph 30 for a new standard authorisation which would be in force on or before, and after, the expiry of the existing authorisation. \n2) No steps are to be taken in connection with the review under this Part until the request for the new standard authorisation has been disposed of. \n125) In paragraphs 123 and 124— \n\ta) the existing authorisation is the authorisation referred to in paragraph 101; \n\tb) the expiry of the existing authorisation is the time when it is expected to cease to be in force. ## Part 9\n## Assessments under this Schedule\n\n*Introduction*\n\n126) This Part contains provision about assessments under this Schedule. \n127) An assessment under this Schedule is either of the following— \n\ta) an assessment carried out in connection with a request for a standard authorisation under Part 4; \n\tb) a review assessment carried out in connection with a review of a standard authorisation under Part 8. \n128) In this Part, in relation to an assessment under this Schedule— \n\t- “assessor” means the person carrying out the assessment;\n\t- “relevant procedure” means— the request for the standard authorisation, orthe review of the standard authorisation;\n\t- “supervisory body” means the supervisory body responsible for securing that the assessment is carried out.*Supervisory body to select assessor*\n\n129) \n1) It is for the supervisory body to select a person to carry out an assessment under this Schedule. \n2) The supervisory body must not select a person to carry out an assessment unless the person— \n\ta) appears to the supervisory body to be suitable to carry out the assessment (having regard, in particular, to the type of assessment and the person to be assessed), and \n\tb) is eligible to carry out the assessment. \n3) Regulations may make provision about the selection, and eligibility, of persons to carry out assessments under this Schedule. \n4) Sub-paragraphs (5) and (6) apply if two or more assessments are to be obtained for the purposes of the relevant procedure. \n5) In a case where the assessments to be obtained include a mental health assessment and a best interests assessment, the supervisory body must not select the same person to carry out both assessments. \n6) Except as prohibited by sub-paragraph (5), the supervisory body may select the same person to carry out any number of the assessments which the person appears to be suitable, and is eligible, to carry out. \n130) \n1) This paragraph applies to regulations under paragraph 129(3). \n2) The regulations may make provision relating to a person's— \n\ta) qualifications, \n\tb) skills, \n\tc) training, \n\td) experience, \n\te) relationship to, or connection with, the relevant person or any other person, \n\tf) involvement in the care or treatment of the relevant person, \n\tg) connection with the supervisory body, or \n\th) connection with the relevant hospital or care home, or with any other establishment or undertaking. \n2A) In relation to England— \n\ta) the provision that the regulations may make in relation to a person's training in connection with best interests assessments includes provision for particular training to be specified by Social Work England or the Secretary of State otherwise than in the regulations; \n\tb) the provision that the regulations may make in relation to a person's training in connection with other assessments includes provision for particular training to be specified by the Secretary of State otherwise than in the regulations. \n2B) The regulations may give Social Work England power to charge fees for specifying any training as mentioned in sub-paragraph (2A)(a). \n2C) If the regulations give Social Work England power to charge fees, section 50(2) to (7) of the Children and Social Work Act 2017 apply for the purposes of sub-paragraph (2B) as they apply for the purposes of that section. \n3) In relation to Wales the provision that the regulations may make in relation to a person's training may provide for particular training to be specified by the Welsh Ministers otherwise than in the regulations. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) The regulations may make provision requiring a person to be insured in respect of liabilities that may arise in connection with the carrying out of an assessment. \n6) In relation to cases where two or more assessments are to be obtained for the purposes of the relevant procedure, the regulations may limit the number, kind or combination of assessments which a particular person is eligible to carry out. \n7) Sub-paragraphs (2) to (6) do not limit the generality of the provision that may be made in the regulations. *Examination and copying of records*\n\n131) An assessor may, at all reasonable times, examine and take copies of— \n\ta) any health record, \n\tb) any record of, or held by, a local authority and compiled in accordance with a social services function, and \n\tc) any record held by a person registered under Part 2 of the Care Standards Act 2000 , Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 , which the assessor considers may be relevant to the assessment which is being carried out. *Representations*\n\n132) In carrying out an assessment under this Schedule, the assessor must take into account any information given, or submissions made, by any of the following— \n\ta) the relevant person's representative; \n\tb) any section 39A IMCA; \n\tc) any section 39C IMCA; \n\td) any section 39D IMCA. *Assessments to stop if any comes to negative conclusion*\n\n133) \n1) This paragraph applies if an assessment under this Schedule comes to the conclusion that the relevant person does not meet one of the qualifying requirements. \n2) This Schedule does not require the supervisory body to secure that any other assessments under this Schedule are carried out in relation to the relevant procedure. \n3) The supervisory body must give notice to any assessor who is carrying out another assessment in connection with the relevant procedure that they are to cease carrying out that assessment. \n4) If an assessor receives such notice, this Schedule does not require the assessor to continue carrying out that assessment. *Duty to keep records and give copies*\n\n134) \n1) This paragraph applies if an assessor has carried out an assessment under this Schedule (whatever conclusions the assessment has come to). \n2) The assessor must keep a written record of the assessment. \n3) As soon as practicable after carrying out the assessment, the assessor must give copies of the assessment to the supervisory body. \n135) \n1) This paragraph applies to the supervisory body if they are given a copy of an assessment under this Schedule. \n2) The supervisory body must give copies of the assessment to all of the following— \n\ta) the managing authority of the relevant hospital or care home; \n\tb) the relevant person; \n\tc) any section 39A IMCA; \n\td) the relevant person's representative. \n3) If— \n\ta) the assessment is obtained in relation to a request for a standard authorisation, and \n\tb) the supervisory body are required by paragraph 50(1) to give the standard authorisation, the supervisory body must give the copies of the assessment when they give copies of the authorisation in accordance with paragraph 57. \n4) If— \n\ta) the assessment is obtained in relation to a request for a standard authorisation, and \n\tb) the supervisory body are prohibited by paragraph 50(2) from giving the standard authorisation, the supervisory body must give the copies of the assessment when they give notice in accordance with paragraph 58. \n5) If the assessment is obtained in connection with the review of a standard authorisation, the supervisory body must give the copies of the assessment when they give notice in accordance with paragraph 120. \n136) \n1) This paragraph applies to the supervisory body if— \n\ta) they are given a copy of a best interests assessment, and \n\tb) the assessment includes, in accordance with paragraph 44(2), a statement that it appears to the assessor that there is an unauthorised deprivation of liberty. \n2) The supervisory body must notify all of the persons listed in sub-paragraph (3) that the assessment includes such a statement. \n3) Those persons are— \n\ta) the managing authority of the relevant hospital or care home; \n\tb) the relevant person; \n\tc) any section 39A IMCA; \n\td) any interested person consulted by the best interests assessor. \n4) The supervisory body must comply with this paragraph when (or at some time before) they comply with paragraph 135. ## Part 10\n## Relevant person's representative\n\n*The representative*\n\n137) In this Schedule the relevant person's representative is the person appointed as such in accordance with this Part. \n138) \n1) Regulations may make provision about the selection and appointment of representatives. \n2) In this Part such regulations are referred to as  “appointment regulations”. *Supervisory body to appoint representative*\n\n139) \n1) The supervisory body must appoint a person to be the relevant person's representative as soon as practicable after a standard authorisation is given. \n2) The supervisory body must appoint a person to be the relevant person's representative if a vacancy arises whilst a standard authorisation is in force. \n3) Where a vacancy arises, the appointment under sub-paragraph (2) is to be made as soon as practicable after the supervisory body becomes aware of the vacancy. \n140) \n1) The selection of a person for appointment under paragraph 139 must not be made unless it appears to the person making the selection that the prospective representative would, if appointed— \n\ta) maintain contact with the relevant person, \n\tb) represent the relevant person in matters relating to or connected with this Schedule, and \n\tc) support the relevant person in matters relating to or connected with this Schedule. \n141) \n1) Any appointment of a representative for a relevant person is in addition to, and does not affect, any appointment of a donee or deputy. \n2) The functions of any representative are in addition to, and do not affect— \n\ta) the authority of any donee, \n\tb) the powers of any deputy, or \n\tc) any powers of the court. *Appointment regulations*\n\n142) Appointment regulations may provide that the procedure for appointing a representative may begin at any time after a request for a standard authorisation is made (including a time before the request has been disposed of). \n143) \n1) Appointment regulations may make provision about who is to select a person for appointment as a representative. \n2) But regulations under this paragraph may only provide for the following to make a selection— \n\ta) the relevant person, if he has capacity in relation to the question of which person should be his representative; \n\tb) a donee of a lasting power of attorney granted by the relevant person, if it is within the scope of his authority to select a person; \n\tc) a deputy, if it is within the scope of his authority to select a person; \n\td) a best interests assessor; \n\te) the supervisory body. \n3) Regulations under this paragraph may provide that a selection by the relevant person, a donee or a deputy is subject to approval by a best interests assessor or the supervisory body. \n4) Regulations under this paragraph may provide that, if more than one selection is necessary in connection with the appointment of a particular representative— \n\ta) the same person may make more than one selection; \n\tb) different persons may make different selections. \n5) For the purposes of this paragraph a best interests assessor is a person carrying out a best interests assessment in connection with the standard authorisation in question (including the giving of that authorisation). \n144) \n1) Appointment regulations may make provision about who may, or may not, be— \n\ta) selected for appointment as a representative, or \n\tb) appointed as a representative. \n2) Regulations under this paragraph may relate to any of the following matters— \n\ta) a person's age; \n\tb) a person's suitability; \n\tc) a person's independence; \n\td) a person's willingness; \n\te) a person's qualifications. \n145) Appointment regulations may make provision about the formalities of appointing a person as a representative. \n146) In a case where a best interests assessor is to select a person to be appointed as a representative, appointment regulations may provide for the variation of the assessor's duties in relation to the assessment which he is carrying out. *Monitoring of representatives*\n\n147) Regulations may make provision requiring the managing authority of the relevant hospital or care home to— \n\ta) monitor, and \n\tb) report to the supervisory body on, the extent to which a representative is maintaining contact with the relevant person. *Termination*\n\n148) Regulations may make provision about the circumstances in which the appointment of a person as the relevant person's representative ends or may be ended. \n149) Regulations may make provision about the formalities of ending the appointment of a person as a representative. *Suspension of representative's functions*\n\n150) \n1) Regulations may make provision about the circumstances in which functions exercisable by, or in relation to, the relevant person's representative (whether under this Schedule or not) may be— \n\ta) suspended, and \n\tb) if suspended, revived. \n2) The regulations may make provision about the formalities for giving effect to the suspension or revival of a function. \n3) The regulations may make provision about the effect of the suspension or revival of a function. *Payment of representative*\n\n151) Regulations may make provision for payments to be made to, or in relation to, persons exercising functions as the relevant person's representative. *Regulations under this Part*\n\n152) The provisions of this Part which specify provision that may be made in regulations under this Part do not affect the generality of the power to make such regulations. *Effect of appointment of section 39C IMCA*\n\n153) Paragraphs 159 and 160 make provision about the exercise of functions by, or towards, the relevant person's representative during periods when— \n\ta) no person is appointed as the relevant person's representative, but \n\tb) a person is appointed as a section 39C IMCA. ## Part 11\n## IMCAs\n\n*Application of Part*\n\n154) This Part applies for the purposes of this Schedule. *The IMCAs*\n\n155) A section 39A IMCA is an independent mental capacity advocate appointed under section 39A. \n156) A section 39C IMCA is an independent mental capacity advocate appointed under section 39C. \n157) A section 39D IMCA is an independent mental capacity advocate appointed under section 39D. \n158) An IMCA is a section 39A IMCA or a section 39C IMCA or a section 39D IMCA. *Section 39C IMCA: functions*\n\n159) \n1) This paragraph applies if, and for as long as, there is a section 39C IMCA. \n2) In the application of the relevant provisions, references to the relevant person's representative are to be read as references to the section 39C IMCA. \n3) But sub-paragraph (2) does not apply to any function under the relevant provisions for as long as the function is suspended in accordance with provision made under Part 10. \n4) In this paragraph and paragraph 160 the relevant provisions are— \n\ta) paragraph 102(3)(b)\n\t\t\t\t\t\t\t(request for review under Part 8); \n\tb) paragraph 108(1)(b)\n\t\t\t\t\t\t\t(notice of review under Part 8); \n\tc) paragraph 120(1)(c)\n\t\t\t\t\t\t\t(notice of outcome of review under Part 8). \n160) \n1) This paragraph applies if— \n\ta) a person is appointed as the relevant person's representative, and \n\tb) a person accordingly ceases to hold an appointment as a section 39C IMCA. \n2) Where a function under a relevant provision has been exercised by, or towards, the section 39C IMCA, there is no requirement for that function to be exercised again by, or towards, the relevant person's representative. *Section 39A IMCA: restriction of functions*\n\n161) \n1) This paragraph applies if— \n\ta) there is a section 39A IMCA, and \n\tb) a person is appointed under Part 10 to be the relevant person's representative (whether or not that person, or any person subsequently appointed, is currently the relevant person's representative). \n2) The duties imposed on, and the powers exercisable by, the section 39A IMCA do not apply. \n3) The duties imposed on, and the powers exercisable by, any other person do not apply, so far as they fall to be performed or exercised towards the section 39A IMCA. \n4) But sub-paragraph (2) does not apply to any power of challenge exercisable by the section 39A IMCA. \n5) And sub-paragraph (3) does not apply to any duty or power of any other person so far as it relates to any power of challenge exercisable by the section 39A IMCA. \n6) Before exercising any power of challenge, the section 39A IMCA must take the views of the relevant person's representative into account. \n7) A power of challenge is a power to make an application to the court to exercise its jurisdiction under section 21A in connection with the giving of the standard authorisation. ## Part 12\n## Miscellaneous\n\n*Monitoring of operation of Schedule*\n\n162) \n1) Regulations may make provision for, and in connection with, requiring one or more prescribed bodies to monitor, and report on, the operation of this Schedule in relation to England. \n2) The regulations may, in particular, give a prescribed body authority to do one or more of the following things— \n\ta) to visit hospitals and care homes; \n\tb) to visit and interview persons accommodated in hospitals and care homes; \n\tc) to require the production of, and to inspect, records relating to the care or treatment of persons. \n3) “Prescribed” means prescribed in regulations under this paragraph. \n163) \n1) Regulations may make provision for, and in connection with, enabling the National Assembly for Wales to monitor, and report on, the operation of this Schedule in relation to Wales. \n2) The National Assembly may direct one or more persons or bodies to carry out the Assembly's functions under regulations under this paragraph. *Disclosure of information*\n\n164) \n1) Regulations may require either or both of the following to disclose prescribed information to prescribed bodies— \n\ta) supervisory bodies; \n\tb) managing authorities of hospitals or care homes. \n2) “Prescribed” means prescribed in regulations under this paragraph. \n3) Regulations under this paragraph may only prescribe information relating to matters with which this Schedule is concerned. *Directions by National Assembly in relation to supervisory functions*\n\n165) \n1) The National Assembly for Wales may direct a Local Health Board to exercise in relation to its area any supervisory functions which are specified in the direction. \n2) Directions under this paragraph must not preclude the National Assembly from exercising the functions specified in the directions. \n3) In this paragraph  “supervisory functions” means functions which the National Assembly have as supervisory body, so far as they are exercisable in relation to hospitals (whether NHS or independent hospitals, and whether in Wales or England). \n166) \n1) This paragraph applies where, under paragraph 165, a Local Health Board (“the specified LHB”) is directed to exercise supervisory functions (“delegated functions”). \n2) The National Assembly for Wales may give directions to the specified LHB about the Board's exercise of delegated functions. \n3) The National Assembly may give directions for any delegated functions to be exercised, on behalf of the specified LHB, by a committee, sub-committee or officer of that Board. \n4) The National Assembly may give directions providing for any delegated functions to be exercised by the specified LHB jointly with one or more other Local Health Boards. \n5) Where, under sub-paragraph (4), delegated functions are exercisable jointly, the National Assembly may give directions providing for the functions to be exercised, on behalf of the Local Health Boards in question, by a joint committee or joint sub-committee. \n167) \n1) Directions under paragraph 165 must be given in regulations. \n2) Directions under paragraph 166 may be given— \n\ta) in regulations, or \n\tb) by instrument in writing. \n168) The power under paragraph 165 or paragraph 166 to give directions includes power to vary or revoke directions given under that paragraph. *Notices*\n\n169) Any notice under this Schedule must be in writing. *Regulations*\n\n170) \n1) This paragraph applies to all regulations under this Schedule, except regulations under paragraph 162, 163, 167 or 183. \n2) It is for the Secretary of State to make such regulations in relation to authorisations under this Schedule which relate to hospitals and care homes situated in England. \n3) It is for the National Assembly for Wales to make such regulations in relation to authorisations under this Schedule which relate to hospitals and care homes situated in Wales. \n171) It is for the Secretary of State to make regulations under paragraph 162. \n172) It is for the National Assembly for Wales to make regulations under paragraph 163 or 167. \n173) \n1) This paragraph applies to regulations under paragraph 183. \n2) It is for the Secretary of State to make such regulations in relation to cases where a question as to the ordinary residence of a person is to be determined by the Secretary of State. \n3) It is for the National Assembly for Wales to make such regulations in relation to cases where a question as to the ordinary residence of a person is to be determined by the National Assembly. ## Part 13\n## Interpretation\n\n*Introduction*\n\n174) This Part applies for the purposes of this Schedule. *Hospitals and their managing authorities*\n\n175) \n1) “Hospital” means— \n\ta) an NHS hospital, or \n\tb) an independent hospital. \n2) “NHS hospital” means— \n\ta) a health service hospital as defined by section 275 of the National Health Service Act 2006 or section 206 of the National Health Service (Wales) Act 2006, or \n\tb) a hospital as defined by section 206 of the National Health Service (Wales) Act 2006 vested in a Local Health Board. \n3) Independent hospital”— \n\ta) in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not an NHS hospital; and \n\tb) in relation to Wales, means a hospital as defined by section 2 of the Care Standards Act 2000 that is not an NHS hospital.  \n176) \n1) “Managing authority”, in relation to an NHS hospital, means— \n\ta) if the hospital— \n\t\ti) is vested in the appropriate national authority for the purposes of its functions under the National Health Service Act 2006 or of the National Health Service (Wales) Act 2006, or \n\t\tii) consists of any accommodation provided by a local authority and used as a hospital by or on behalf of the appropriate national authority under either of those Acts, the  ...  ... Local Health Board or Special Health Authority responsible for the administration of the hospital; \n\taa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State; \n\tb) if the hospital is vested in a  ...\n National Health Service trust or NHS foundation trust, that trust; \n\tc) if the hospital is vested in a Local Health Board, that Board. \n2) For this purpose the appropriate national authority is— \n\ta) in relation to England: the Secretary of State; \n\tb) in relation to Wales: the National Assembly for Wales; \n\tc) in relation to England and Wales: the Secretary of State and the National Assembly acting jointly. \n177) “Managing authority”, in relation to an independent hospital, means— \n\ta) in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in the hospital, and \n\tb) in relation to Wales, the person registered, or required to be registered, under Part 2 of the Care Standards Act 2000 in respect of the hospital.  *Care homes and their managing authorities*\n\n178) “Care home” means— \n\ta) a care home in England within the meaning given by section 3 of the Care Standards Act 2000, and \n\tb) a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over. \n179) “Managing authority”, in relation to a care home, means— \n\ta) in relation to England, the person registered, or required to be registered, under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the care home, and \n\tb) in relation to Wales, the person registered, or required to be registered, under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 in respect of the care home . *Supervisory bodies: hospitals*\n\n180) \n1) The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in England. \n2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority. \n3) If the relevant person is not ordinarily resident in England and the National Assembly for Wales or a Local Health Board commission the relevant care or treatment, the National Assembly are the supervisory body. \n4) In any other case, the supervisory body are the local authority for the area in which the relevant hospital is situated. \n4A) Local authority” means— \n\ta) the council of a county; \n\tb) the council of a district for which there is no county council; \n\tc) the council of a London borough; \n\td) the Common Council of the City of London; \n\te) the Council of the Isles of Scilly. \n5) If a hospital is situated in the areas of two (or more) local authorities , it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated. \n181) \n1) The identity of the supervisory body is determined under this paragraph in cases where the relevant hospital is situated in Wales. \n2) The National Assembly for Wales are the supervisory body. \n3) But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority. \n4) “Local authority” means— \n\ta) the council of a county; \n\tb) the council of a district for which there is no county council; \n\tc) the council of a London borough; \n\td) the Common Council of the City of London; \n\te) the Council of the Isles of Scilly. *Supervisory bodies: care homes*\n\n182) \n1) The identity of the supervisory body is determined under this paragraph in cases where the relevant care home is situated in England or in Wales. \n2) The supervisory body are the local authority for the area in which the relevant person is ordinarily resident. \n3) But if the relevant person is not ordinarily resident in the area of a local authority, the supervisory body are the local authority for the area in which the care home is situated. \n4) In relation to England  “local authority” means— \n\ta) the council of a county; \n\tb) the council of a district for which there is no county council; \n\tc) the council of a London borough; \n\td) the Common Council of the City of London; \n\te) the Council of the Isles of Scilly. \n5) In relation to Wales  “local authority” means the council of a county or county borough. \n6) If a care home is situated in the areas of two (or more) local authorities, it is to be regarded for the purposes of sub-paragraph (3) as situated in whichever of the areas the greater (or greatest) part of the care home is situated. *Supervisory bodies: determination of place of ordinary residence*\n\n183) \n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2A) Section 39(1), (2) and (4) to (6) of the Care Act 2014 and paragraphs 1(1), 2(1) and 8 of Schedule 1 to that Act apply to any determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as they apply for the purposes of Part 1 of that Act. \n2B) Section 194(1), (2), (4) and (5) of the Social Services and Well-being (Wales) Act 2014 apply to a determination of where a person is ordinarily resident for the purposes of paragraphs 180, 181 and 182 as it applies for the purposes of that Act. \n3) Any question arising as to the ordinary residence of a person is to be determined by the Secretary of State or by the National Assembly for Wales. \n4) The Secretary of State and the National Assembly must make and publish arrangements for determining which cases are to be dealt with by the Secretary of State and which are to be dealt with by the National Assembly. \n5) Those arrangements may include provision for the Secretary of State and the National Assembly to agree, in relation to any question that has arisen, which of them is to deal with the case. \n6) Regulations may make provision about arrangements that are to have effect before, upon, or after the determination of any question as to the ordinary residence of a person. \n7) The regulations may, in particular, authorise or require a local authority to do any or all of the following things— \n\ta) to act as supervisory body even though it may wish to dispute that it is the supervisory body; \n\tb) to become the supervisory body in place of another local authority; \n\tc) to recover from another local authority expenditure incurred in exercising functions as the supervisory body. *Same body managing authority and supervisory body*\n\n184) \n1) This paragraph applies if, in connection with a particular person's detention as a resident in a hospital or care home, the same body are both— \n\ta) the managing authority of the relevant hospital or care home, and \n\tb) the supervisory body. \n2) The fact that a single body are acting in both capacities does not prevent the body from carrying out functions under this Schedule in each capacity. \n3) But, in such a case, this Schedule has effect subject to any modifications contained in regulations that may be made for this purpose. *Interested persons*\n\n185) Each of the following is an interested person— \n\ta) the relevant person's spouse or civil partner; \n\tb) where the relevant person and another person are not married to each other, nor in a civil partnership with each other, but are living together as if they were a married couple or civil partners : that other person; \n\td) the relevant person's children and step-children; \n\te) the relevant person's parents and step-parents; \n\tf) the relevant person's brothers and sisters, half-brothers and half-sisters, and stepbrothers and stepsisters; \n\tg) the relevant person's grandparents; \n\th) a deputy appointed for the relevant person by the court; \n\ti) a donee of a lasting power of attorney granted by the relevant person. \n186) \n1) An interested person consulted by the best interests assessor is any person whose name is stated in the relevant best interests assessment in accordance with paragraph 40 (interested persons whom the assessor consulted in carrying out the assessment). \n2) The relevant best interests assessment is the most recent best interests assessment carried out in connection with the standard authorisation in question (whether the assessment was carried out under Part 4 or Part 8). \n187) Where this Schedule imposes on a person a duty towards an interested person, the duty does not apply if the person on whom the duty is imposed— \n\ta) is not aware of the interested person's identity or of a way of contacting him, and \n\tb) cannot reasonably ascertain it. \n188) The following table contains an index of provisions defining or otherwise explaining expressions used in this Schedule— age assessmentparagraph 34age requirementparagraph 13age review assessmentparagraph 112(3)appointment regulationsparagraph 138assessment under this Scheduleparagraph 127assessor (except in Part 9)paragraph 33assessor (in Part 9)paragraphs 33 and 128authorisation under this Scheduleparagraph 10best interests (determination of)section 4best interests assessmentparagraph 38best interests requirementparagraph 16best interests review assessmentparagraph 112(6)care homeparagraph 178change of reason groundparagraph 106complete (in relation to a review of a standard authorisation)paragraph 118deprivation of a person's libertysection 64(5) and (6)deputysection 16(2)(b)detained residentparagraph 6disposed of (in relation to a request for a standard authorisation)paragraph 66eligibility assessmentparagraph 46eligibility requirementparagraph 17eligibility review assessmentparagraph 112(7)eligible person (in relation to paragraphs 68 to 73)paragraph 68eligible person (in relation to Part 8)paragraph 102(3)expiry (in relation to an existing authorisation)paragraph 125(b)existing authorisation (in Part 8)paragraph 125(a)hospitalparagraph 175IMCAparagraph 158in force (in relation to a standard authorisation)paragraphs 63 and 64in force (in relation to an urgent authorisation)paragraphs 88 and 89ineligible (in relation to the eligibility requirement)Schedule 1Ainterested personparagraph 185interested person consulted by the best interests assessorparagraph 186lack of capacitysection 2lasting power of attorneysection 9managing authority (in relation to a care home)paragraph 179managing authority (in relation to a hospital)paragraph 176 or 177maximum authorisation periodparagraph 42mental capacity assessmentparagraph 37mental capacity requirementparagraph 15mental capacity review assessmentparagraph 112(5)mental health assessmentparagraph 35mental health requirementparagraph 14mental health review assessmentparagraph 112(4)negative conclusionparagraph 112(2)(a)new supervisory bodyparagraph 99(b)no refusals assessmentparagraph 48no refusals requirementparagraph 18no refusals review assessmentparagraph 112(8)non-qualification groundparagraph 105old supervisory bodyparagraph 99(a)positive conclusionparagraph 112(2)(b)purpose of a standard authorisationparagraph 11(1)purpose of an urgent authorisationparagraph 11(2)qualifying requirementsparagraph 12refusal (for the purposes of the no refusals requirement)paragraphs 19 and 20relevant care or treatmentparagraph 7relevant hospital or care homeparagraph 7relevant managing authorityparagraph 26(4)relevant personparagraph 7relevant person's representativeparagraph 137relevant procedureparagraph 128review assessmentparagraph 112(1)reviewableparagraph 104section 39A IMCAparagraph 155section 39C IMCAparagraph 156section 39D IMCAparagraph 157standard authorisationparagraph 8supervisory body (except in Part 9)paragraph 180, 181 or 182supervisory body (in Part 9)paragraph 128 and paragraph 180, 181 or 182unauthorised deprivation of liberty (in relation to paragraphs 68 to 73)paragraph 67urgent authorisationparagraph 9variation of conditions groundparagraph 107 ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/A1",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/A1",
    "legislation_id": "ukpga/2005/9",
    "title": "Hospital and care home residents: deprivation of liberty",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.975255Z",
    "text": "Section 11) **Lasting powers of attorney: restrictions**\n\n1) A lasting power of attorney does not authorise the donee (or, if more than one, any of them) to do an act that is intended to restrain P, unless three conditions are satisfied. \n2) The first condition is that P lacks, or the donee reasonably believes that P lacks, capacity in relation to the matter in question. \n3) The second is that the donee reasonably believes that it is necessary to do the act in order to prevent harm to P. \n4) The third is that the act is a proportionate response to— \n\ta) the likelihood of P's suffering harm, and \n\tb) the seriousness of that harm. \n5) For the purposes of this section, the donee restrains P if he— \n\ta) uses, or threatens to use, force to secure the doing of an act which P resists, or \n\tb) restricts P's liberty of movement, whether or not P resists, or if he authorises another person to do any of those things. \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) Where a lasting power of attorney authorises the donee (or, if more than one, any of them) to make decisions about P's personal welfare, the authority— \n\ta) does not extend to making such decisions in circumstances other than those where P lacks, or the donee reasonably believes that P lacks, capacity, \n\tb) is subject to sections 24 to 26 (advance decisions to refuse treatment), and \n\tc) extends to giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P. \n8) But subsection (7)(c)— \n\ta) does not authorise the giving or refusing of consent to the carrying out or continuation of life-sustaining treatment, unless the instrument contains express provision to that effect, and \n\tb) is subject to any conditions or restrictions in the instrument. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/11",
    "legislation_id": "ukpga/2005/9",
    "title": "Lasting powers of attorney: restrictions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.422131Z",
    "text": "SCHEDULE 2 Property and affairs: supplementary provisions Section 18(4) *Wills: general*\n\n1) Paragraphs 2 to 4 apply in relation to the execution of a will, by virtue of section 18, on behalf of P. *Provision that may be made in will*\n\n2) The will may make any provision (whether by disposing of property or exercising a power or otherwise) which could be made by a will executed by P if he had capacity to make it. *Wills: requirements relating to execution*\n\n3) \n1) Sub-paragraph (2) applies if under section 16 the court makes an order or gives directions requiring or authorising a person (“the authorised person”) to execute a will on behalf of P. \n2) Any will executed in pursuance of the order or direction— \n\ta) must state that it is signed by P acting by the authorised person, \n\tb) must be signed by the authorised person with the name of P and his own name, in the presence of two or more witnesses present at the same time, \n\tc) must be attested and subscribed by those witnesses in the presence of the authorised person, and \n\td) must be sealed with the official seal of the court. *Wills: effect of execution*\n\n4) \n1) This paragraph applies where a will is executed in accordance with paragraph 3. \n2) The Wills Act 1837 (c. 26) has effect in relation to the will as if it were signed by P by his own hand, except that— \n\ta) section 9 of the 1837 Act (requirements as to signing and attestation) does not apply, and \n\tb) in the subsequent provisions of the 1837 Act any reference to execution in the manner required by the previous provisions is to be read as a reference to execution in accordance with paragraph 3. \n3) The will has the same effect for all purposes as if— \n\ta) P had had the capacity to make a valid will, and \n\tb) the will had been executed by him in the manner required by the 1837 Act. \n4) But sub-paragraph (3) does not have effect in relation to the will— \n\ta) in so far as it disposes of immovable property outside England and Wales, or \n\tb) in so far as it relates to any other property or matter if, when the will is executed— \n\t\ti) P is domiciled outside England and Wales, and \n\t\tii) the condition in sub-paragraph (5) is met. \n5) The condition is that, under the law of P's domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of a place outside England and Wales. *Vesting orders ancillary to settlement etc.*\n\n5) \n1) If provision is made by virtue of section 18 for— \n\ta) the settlement of any property of P, or \n\tb) the exercise of a power vested in him of appointing trustees or retiring from a trust, the court may also make as respects the property settled or the trust property such consequential vesting or other orders as the case may require. \n2) The power under sub-paragraph (1) includes, in the case of the exercise of such a power, any order which could have been made in such a case under Part 4 of the Trustee Act 1925 (c. 19). *Variation of settlements*\n\n6) \n1) If a settlement has been made by virtue of section 18, the court may by order vary or revoke the settlement if— \n\ta) the settlement makes provision for its variation or revocation, \n\tb) the court is satisfied that a material fact was not disclosed when the settlement was made, or \n\tc) the court is satisfied that there has been a substantial change of circumstances. \n2) Any such order may give such consequential directions as the court thinks fit. *Vesting of stock in curator appointed outside England and Wales*\n\n7) \n1) Sub-paragraph (2) applies if the court is satisfied— \n\ta) that under the law prevailing in a place outside England and Wales a person (“M”) has been appointed to exercise powers in respect of the property or affairs of P on the ground (however formulated) that P lacks capacity to make decisions with respect to the management and administration of his property and affairs, and \n\tb) that, having regard to the nature of the appointment and to the circumstances of the case, it is expedient that the court should exercise its powers under this paragraph. \n2) The court may direct— \n\ta) any stocks standing in the name of P, or \n\tb) the right to receive dividends from the stocks, to be transferred into M's name or otherwise dealt with as required by M, and may give such directions as the court thinks fit for dealing with accrued dividends from the stocks. \n3) “Stocks” includes— \n\ta) shares, and \n\tb) any funds, annuity or security transferable in the books kept by any body corporate or unincorporated company or society or by an instrument of transfer either alone or accompanied by other formalities, and  “dividends” is to be construed accordingly. *Preservation of interests in property disposed of on behalf of person lacking capacity*\n\n8) \n1) Sub-paragraphs (2) and (3) apply if— \n\ta) P's property has been disposed of by virtue of section 18, \n\tb) under P's will or intestacy, or by a gift perfected or nomination taking effect on his death, any other person would have taken an interest in the property but for the disposal, and \n\tc) on P's death, any property belonging to P's estate represents the property disposed of. \n2) The person takes the same interest, if and so far as circumstances allow, in the property representing the property disposed of. \n3) If the property disposed of was real property, any property representing it is to be treated, so long as it remains part of P's estate, as if it were real property. \n4) The court may direct that, on a disposal of P's property— \n\ta) which is made by virtue of section 18, and \n\tb) which would apart from this paragraph result in the conversion of personal property into real property, property representing the property disposed of is to be treated, so long as it remains P's property or forms part of P's estate, as if it were personal property. \n5) References in sub-paragraphs (1) to (4) to the disposal of property are to— \n\ta) the sale, exchange, charging of or other dealing (otherwise than by will) with property other than money; \n\tb) the removal of property from one place to another; \n\tc) the application of money in acquiring property; \n\td) the transfer of money from one account to another; and references to property representing property disposed of are to be construed accordingly and as including the result of successive disposals. \n6) The court may give such directions as appear to it necessary or expedient for the purpose of facilitating the operation of sub-paragraphs (1) to (3), including the carrying of money to a separate account and the transfer of property other than money. \n9) \n1) Sub-paragraph (2) applies if the court has ordered or directed the expenditure of money— \n\ta) for carrying out permanent improvements on any of P's property, or \n\tb) otherwise for the permanent benefit of any of P's property. \n2) The court may order that— \n\ta) the whole of the money expended or to be expended, or \n\tb) any part of it, is to be a charge on the property either without interest or with interest at a specified rate. \n3) An order under sub-paragraph (2) may provide for excluding or restricting the operation of paragraph 8(1) to (3). \n4) A charge under sub-paragraph (2) may be made in favour of such person as may be just and, in particular, where the money charged is paid out of P's general estate, may be made in favour of a person as trustee for P. \n5) No charge under sub-paragraph (2) may confer any right of sale or foreclosure during P's lifetime. *Powers as patron of benefice*\n\n10) \n1) Any functions which P has as patron of a benefice may be discharged only by a person (“R”) appointed by the court. \n2) R must be an individual capable of appointment under section 8(1)(b) of the 1986 Measure (which provides for an individual able to make a declaration of communicant status, a clerk in Holy Orders, etc. to be appointed to discharge a registered patron's functions). \n3) The 1986 Measure applies to R as it applies to an individual appointed by the registered patron of the benefice under section 8(1)(b) or (3) of that Measure to discharge his functions as patron. \n4) “The 1986 Measure” means the Patronage (Benefices) Measure 1986 ( No. 3). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/2",
    "legislation_id": "ukpga/2005/9",
    "title": "Property and affairs: supplementary provisions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.051498Z",
    "text": "Section 36) **Functions of independent mental capacity advocates**\n\n1) The appropriate authority may make regulations as to the functions of independent mental capacity advocates. \n2) The regulations may, in particular, make provision requiring an advocate to take such steps as may be prescribed for the purpose of— \n\ta) providing support to the person whom he has been instructed to represent (“P”) so that P may participate as fully as possible in any relevant decision; \n\tb) obtaining and evaluating relevant information; \n\tc) ascertaining what P's wishes and feelings would be likely to be, and the beliefs and values that would be likely to influence P, if he had capacity; \n\td) ascertaining what alternative courses of action are available in relation to P; \n\te) obtaining a further medical opinion where treatment is proposed and the advocate thinks that one should be obtained. \n3) The regulations may also make provision as to circumstances in which the advocate may challenge, or provide assistance for the purpose of challenging, any relevant decision. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/36",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/36",
    "legislation_id": "ukpga/2005/9",
    "title": "Functions of independent mental capacity advocates",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 36,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.028717Z",
    "text": "Section 30) **Research**\n\n1) Intrusive research carried out on, or in relation to, a person who lacks capacity to consent to it is unlawful unless it is carried out— \n\ta) as part of a research project which is for the time being approved by the appropriate body for the purposes of this Act in accordance with section 31, and \n\tb) in accordance with sections 32 and 33. \n2) Research is intrusive if it is of a kind that would be unlawful if it was carried out— \n\ta) on or in relation to a person who had capacity to consent to it, but \n\tb) without his consent. \n3) A clinical trial which is subject to the provisions of clinical trials regulations is not to be treated as research for the purposes of this section. \n3A) Research is not intrusive to the extent that it consists of the use of a person's human cells to bring about the creation in vitro of an embryo or human admixed embryo, or the subsequent storage or use of an embryo or human admixed embryo so created. \n3B) Expressions used in subsection (3A) and in Schedule 3 to the Human Fertilisation and Embryology Act 1990 (consents to use or storage of gametes, embryos or human admixed embryos etc.) have the same meaning in that subsection as in that Schedule. \n4) “Appropriate body”, in relation to a research project, means the person, committee or other body specified in regulations made by the appropriate authority as the appropriate body in relation to a project of the kind in question. \n5) “Clinical trials regulations” means— \n\ta) the Medicines for Human Use (Clinical Trials) Regulations 2004 ( S.I. 2004/1031) and any other regulations replacing those regulations or amending them, and \n\tb) any other regulations relating to clinical trials and designated by the Secretary of State as clinical trials regulations for the purposes of this section. \n6) In this section, section 32 and section 34,  “appropriate authority” means— \n\ta) in relation to the carrying out of research in England, the Secretary of State, and \n\tb) in relation to the carrying out of research in Wales, the National Assembly for Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/30",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/30",
    "legislation_id": "ukpga/2005/9",
    "title": "Research",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 30,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.558362Z",
    "text": "SCHEDULE 7 Repeals Section 67(2) Short title and chapterExtent of repealTrustee Act 1925 (c. 19)Section 54(3).Law of Property Act 1925 (c. 20)Section 205(1)(xiii).Administration of Estates Act 1925 (c. 23)Section 55(1)(viii)U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45)In section 1(4), the words from  “or for whom”\n\nto  “1983”.Mental Health Act 1959 (c. 72)In Schedule 7, in Part 1, the entries relating to—section 33 of the Fines and Recoveries Act 1833,section 68 of the Improvement of Land Act 1864,section 55 of the Trustee Act 1925,section 205(1) of the Law of Property Act 1925,section 49 of the National Assistance Act 1948, andsection 1 of the Variation of Trusts Act 1958.Courts Act 1971 (c. 23)In Schedule 2, in Part 1A, the words  “Master of the Court of Protection”.Local Government Act 1972 (c. 70)Section 118.Limitation Act 1980 (c. 58)Section 38(3) and (4).Supreme Court Act 1981 (c. 54)In Schedule 2, in Part 2, paragraph 11.Mental Health Act 1983 (c. 20)Part 7.In section 139(1) the words from  “or in, or in pursuance”\n\nto  “Part VII of this Act,”.In section 145(1), in the definition of  “patient”\n\nthe words  “(except in Part VII of this Act)”.In sections 146 and 147 the words from  “104(4)”\n\nto  “section),”.Schedule 3.In Schedule 4, paragraphs 1, 2, 4, 5, 7, 9, 14, 20, 22, 25, 32, 38, 55 and 56.In Schedule 5, paragraphs 26, 43, 44 and 45.Enduring Powers of Attorney Act 1985 (c. 29)The whole Act.Insolvency Act 1986 (c. 45)In section 389A(3)—the  “or”\n\nimmediately after paragraph (b), and in paragraph (c), the words  “Part VII of the Mental Health Act 1983 or”.In section 390(4)—the  “or”\n\nimmediately after paragraph (b), and in paragraph (c), the words  “Part VII of the Mental Health Act 1983 or”.Public Trustee and Administration of Funds Act 1986 (c. 57)Section 2.Section 3(7).Child Support Act 1991 (c. 48)In section 50(8)—paragraphs (b) and (d), and the  “or”\n\nimmediately after paragraph (c).Social Security Administration Act 1992 (c. 5)In section 123(10)—in paragraph (b),  “a receiver appointed under section 99 of the Mental Health Act 1983 or”,in paragraph (d)(i),  “sub-paragraph (a) of rule 41(1) of the Court of Protection Rules Act 1984 or”,in paragraph (d)(ii),  “a receiver ad interim appointed under sub-paragraph (b) of the said rule 41(1) or”, and“receiver,”.Trustee Delegation Act 1999 (c. 15)Section 4.Section 6.In section 7(3), the words  “in accordance with section 4 above”.Care Standards Act 2000 (c. 14)In Schedule 4, paragraph 8.Licensing Act 2003 (c. 17)In section 47(10), the definition of  “mentally incapable”.Courts Act 2003 (c. 64)In section 64(2), the words  “Master of the Court of Protection”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/7",
    "legislation_id": "ukpga/2005/9",
    "title": "Repeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.032748Z",
    "text": "Section 31) **Requirements for approval**\n\n1) The appropriate body may not approve a research project for the purposes of this Act unless satisfied that the following requirements will be met in relation to research carried out as part of the project on, or in relation to, a person who lacks capacity to consent to taking part in the project (“P”). \n2) The research must be connected with— \n\ta) an impairing condition affecting P, or \n\tb) its treatment. \n3) “Impairing condition” means a condition which is (or may be) attributable to, or which causes or contributes to (or may cause or contribute to), the impairment of, or disturbance in the functioning of, the mind or brain. \n4) There must be reasonable grounds for believing that research of comparable effectiveness cannot be carried out if the project has to be confined to, or relate only to, persons who have capacity to consent to taking part in it. \n5) The research must— \n\ta) have the potential to benefit P without imposing on P a burden that is disproportionate to the potential benefit to P, or \n\tb) be intended to provide knowledge of the causes or treatment of, or of the care of persons affected by, the same or a similar condition. \n6) If the research falls within paragraph (b) of subsection (5) but not within paragraph (a), there must be reasonable grounds for believing— \n\ta) that the risk to P from taking part in the project is likely to be negligible, and \n\tb) that anything done to, or in relation to, P will not— \n\t\ti) interfere with P's freedom of action or privacy in a significant way, or \n\t\tii) be unduly invasive or restrictive. \n7) There must be reasonable arrangements in place for ensuring that the requirements of sections 32 and 33 will be met. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/31",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/31",
    "legislation_id": "ukpga/2005/9",
    "title": "Requirements for approval",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 31,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.966466Z",
    "text": "Section 6) **Section 5 acts: limitations**\n\n1) If D does an act that is intended to restrain P, it is not an act to which section 5 applies unless two further conditions are satisfied. \n2) The first condition is that D reasonably believes that it is necessary to do the act in order to prevent harm to P. \n3) The second is that the act is a proportionate response to— \n\ta) the likelihood of P's suffering harm, and \n\tb) the seriousness of that harm. \n4) For the purposes of this section D restrains P if he— \n\ta) uses, or threatens to use, force to secure the doing of an act which P resists, or \n\tb) restricts P's liberty of movement, whether or not P resists. \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) Section 5 does not authorise a person to do an act which conflicts with a decision made, within the scope of his authority and in accordance with this Part, by— \n\ta) a donee of a lasting power of attorney granted by P, or \n\tb) a deputy appointed for P by the court. \n7) But nothing in subsection (6) stops a person— \n\ta) providing life-sustaining treatment, or \n\tb) doing any act which he reasonably believes to be necessary to prevent a serious deterioration in P's condition, while a decision as respects any relevant issue is sought from the court. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/6",
    "legislation_id": "ukpga/2005/9",
    "title": "Section 5 acts: limitations",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.979957Z",
    "text": "Section 13) **Revocation of lasting powers of attorney etc.**\n\n1) This section applies if— \n\ta) P has executed an instrument with a view to creating a lasting power of attorney, or \n\tb) a lasting power of attorney is registered as having been conferred by P, and in this section references to revoking the power include revoking the instrument. \n2) P may, at any time when he has capacity to do so, revoke the power. \n3) P's bankruptcy , or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of P, revokes the power so far as it relates to P's property and affairs. \n4) But where P is bankrupt merely because an interim bankruptcy restrictions order has effect in respect of him or where P is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986) , the power is suspended, so far as it relates to P's property and affairs, for so long as the order has effect. \n5) The occurrence in relation to a donee of an event mentioned in subsection (6)— \n\ta) terminates his appointment, and \n\tb) except in the cases given in subsection (7), revokes the power. \n6) The events are— \n\ta) the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed for the purposes of this section in regulations made by the Lord Chancellor, \n\tb) subject to subsections (8) and (9), the death or bankruptcy of the donee or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of the donee or, if the donee is a trust corporation, its winding-up or dissolution, \n\tc) subject to subsection (11), the dissolution or annulment of a marriage or civil partnership between the donor and the donee, \n\td) the lack of capacity of the donee. \n7) The cases are— \n\ta) the donee is replaced under the terms of the instrument, \n\tb) he is one of two or more persons appointed to act as donees jointly and severally in respect of any matter and, after the event, there is at least one remaining donee. \n8) The bankruptcy of a donee or the making of a debt relief order (under Part 7A of the Insolvency Act 1986) in respect of a donee does not terminate his appointment, or revoke the power, in so far as his authority relates to P's personal welfare. \n9) Where the donee is bankrupt merely because an interim bankruptcy restrictions order has effect in respect of him or where the donee is subject to an interim debt relief restrictions order (under Schedule 4ZB of the Insolvency Act 1986), , his appointment and the power are suspended, so far as they relate to P's property and affairs, for so long as the order has effect. \n10) Where the donee is one of two or more appointed to act jointly and severally under the power in respect of any matter, the reference in subsection (9) to the suspension of the power is to its suspension in so far as it relates to that donee. \n11) The dissolution or annulment of a marriage or civil partnership does not terminate the appointment of a donee, or revoke the power, if the instrument provided that it was not to do so. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/13",
    "legislation_id": "ukpga/2005/9",
    "title": "Revocation of lasting powers of attorney etc.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.023184Z",
    "text": "Section 26) **Effect of advance decisions**\n\n1) If P has made an advance decision which is— \n\ta) valid, and \n\tb) applicable to a treatment, the decision has effect as if he had made it, and had had capacity to make it, at the time when the question arises whether the treatment should be carried out or continued. \n2) A person does not incur liability for carrying out or continuing the treatment unless, at the time, he is satisfied that an advance decision exists which is valid and applicable to the treatment. \n3) A person does not incur liability for the consequences of withholding or withdrawing a treatment from P if, at the time, he reasonably believes that an advance decision exists which is valid and applicable to the treatment. \n4) The court may make a declaration as to whether an advance decision— \n\ta) exists; \n\tb) is valid; \n\tc) is applicable to a treatment. \n5) Nothing in an apparent advance decision stops a person— \n\ta) providing life-sustaining treatment, or \n\tb) doing any act he reasonably believes to be necessary to prevent a serious deterioration in P's condition, while a decision as respects any relevant issue is sought from the court. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/26",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/26",
    "legislation_id": "ukpga/2005/9",
    "title": "Effect of advance decisions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 26,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.970122Z",
    "text": "Section 9) **Lasting powers of attorney**\n\n1) A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following— \n\ta) P's personal welfare or specified matters concerning P's personal welfare, and \n\tb) P's property and affairs or specified matters concerning P's property and affairs, and which includes authority to make such decisions in circumstances where P no longer has capacity. \n2) A lasting power of attorney is not created unless— \n\ta) section 10 is complied with, \n\tb) an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with Schedule 1, and \n\tc) at the time when P executes the instrument, P has reached 18 and has capacity to execute it. \n3) An instrument which— \n\ta) purports to create a lasting power of attorney, but \n\tb) does not comply with this section, section 10 or Schedule 1, confers no authority. \n4) The authority conferred by a lasting power of attorney is subject to— \n\ta) the provisions of this Act and, in particular, sections 1 (the principles) and 4 (best interests), and \n\tb) any conditions or restrictions specified in the instrument. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/9",
    "legislation_id": "ukpga/2005/9",
    "title": "Lasting powers of attorney",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.090211Z",
    "text": "Section 44) **Ill-treatment or neglect**\n\n1) Subsection (2) applies if a person (“D”)— \n\ta) has the care of a person (“P”) who lacks, or whom D reasonably believes to lack, capacity, \n\tb) is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or \n\tc) is a deputy appointed by the court for P. \n2) D is guilty of an offence if he ill-treats or wilfully neglects P. \n3) A person guilty of an offence under this section is liable— \n\ta) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both; \n\tb) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/44",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/44",
    "legislation_id": "ukpga/2005/9",
    "title": "Ill-treatment or neglect",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 44,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.035906Z",
    "text": "Section 32) **Consulting carers etc.**\n\n1) This section applies if a person (“R”)— \n\ta) is conducting an approved research project, and \n\tb) wishes to carry out research, as part of the project, on or in relation to a person (“P”) who lacks capacity to consent to taking part in the project. \n2) R must take reasonable steps to identify a person who— \n\ta) otherwise than in a professional capacity or for remuneration, is engaged in caring for P or is interested in P's welfare, and \n\tb) is prepared to be consulted by R under this section. \n3) If R is unable to identify such a person he must, in accordance with guidance issued by the appropriate authority, nominate a person who— \n\ta) is prepared to be consulted by R under this section, but \n\tb) has no connection with the project. \n4) R must provide the person identified under subsection (2), or nominated under subsection (3), with information about the project and ask him— \n\ta) for advice as to whether P should take part in the project, and \n\tb) what, in his opinion, P's wishes and feelings about taking part in the project would be likely to be if P had capacity in relation to the matter. \n5) If, at any time, the person consulted advises R that in his opinion P's wishes and feelings would be likely to lead him to decline to take part in the project (or to wish to withdraw from it) if he had capacity in relation to the matter, R must ensure— \n\ta) if P is not already taking part in the project, that he does not take part in it; \n\tb) if P is taking part in the project, that he is withdrawn from it. \n6) But subsection (5)(b) does not require treatment that P has been receiving as part of the project to be discontinued if R has reasonable grounds for believing that there would be a significant risk to P's health if it were discontinued. \n7) The fact that a person is the donee of a lasting power of attorney given by P, or is P's deputy, does not prevent him from being the person consulted under this section. \n8) Subsection (9) applies if treatment is being, or is about to be, provided for P as a matter of urgency and R considers that, having regard to the nature of the research and of the particular circumstances of the case— \n\ta) it is also necessary to take action for the purposes of the research as a matter of urgency, but \n\tb) it is not reasonably practicable to consult under the previous provisions of this section. \n9) R may take the action if— \n\ta) he has the agreement of a registered medical practitioner who is not involved in the organisation or conduct of the research project, or \n\tb) where it is not reasonably practicable in the time available to obtain that agreement, he acts in accordance with a procedure approved by the appropriate body at the time when the research project was approved under section 31. \n10) But R may not continue to act in reliance on subsection (9) if he has reasonable grounds for believing that it is no longer necessary to take the action as a matter of urgency. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/32",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/32",
    "legislation_id": "ukpga/2005/9",
    "title": "Consulting carers etc.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 32,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.989822Z",
    "text": "Section 16) **Powers to make decisions and appoint deputies: general**\n\n1) This section applies if a person (“P”) lacks capacity in relation to a matter or matters concerning— \n\ta) P's personal welfare, or \n\tb) P's property and affairs. \n2) The court may— \n\ta) by making an order, make the decision or decisions on P's behalf in relation to the matter or matters, or \n\tb) appoint a person (a  “deputy”) to make decisions on P's behalf in relation to the matter or matters. \n3) The powers of the court under this section are subject to the provisions of this Act and, in particular, to sections 1 (the principles) and 4 (best interests). \n4) When deciding whether it is in P's best interests to appoint a deputy, the court must have regard (in addition to the matters mentioned in section 4) to the principles that— \n\ta) a decision by the court is to be preferred to the appointment of a deputy to make a decision, and \n\tb) the powers conferred on a deputy should be as limited in scope and duration as is reasonably practicable in the circumstances. \n5) The court may make such further orders or give such directions, and confer on a deputy such powers or impose on him such duties, as it thinks necessary or expedient for giving effect to, or otherwise in connection with, an order or appointment made by it under subsection (2). \n6) Without prejudice to section 4, the court may make the order, give the directions or make the appointment on such terms as it considers are in P's best interests, even though no application is before the court for an order, directions or an appointment on those terms. \n7) An order of the court may be varied or discharged by a subsequent order. \n8) The court may, in particular, revoke the appointment of a deputy or vary the powers conferred on him if it is satisfied that the deputy— \n\ta) has behaved, or is behaving, in a way that contravenes the authority conferred on him by the court or is not in P's best interests, or \n\tb) proposes to behave in a way that would contravene that authority or would not be in P's best interests. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/16",
    "legislation_id": "ukpga/2005/9",
    "title": "Powers to make decisions and appoint deputies: general",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.409642Z",
    "text": "SCHEDULE 1A Persons ineligible to be deprived of liberty by this Act ## Part 1\n## Ineligible persons\n\n*Application*\n\n1) This Schedule applies for the purposes of— \n\ta) section 16A, and \n\tb) paragraph 17 of Schedule A1. *Determining ineligibility*\n\n2) A person (“P”) is ineligible to be deprived of liberty by this Act (“ineligible”) if— \n\ta) P falls within one of the cases set out in the second column of the following table, and \n\tb) the corresponding entry in the third column of the table —or the provision, or one of the provisions, referred to in that entry — provides that he is ineligible. Status of PDetermination of ineligibilityCase AP is—subject to the hospital treatment regime, anddetained in a hospital under that regime.P is ineligible.Case BP is—subject to the hospital treatment regime, butnot detained in a hospital under that regime.See paragraphs 3 and 4.Case CP is subject to the community treatment regime.See paragraphs 3 and 4.Case DP is subject to the guardianship regime.See paragraphs 3 and 5.Case EP is—within the scope of the Mental Health Act, butnot subject to any of the mental health regimes.See paragraph 5. *Authorised course of action not in accordance with regime*\n\n3) \n1) This paragraph applies in cases B, C and D in the table in paragraph 2. \n2) P is ineligible if the authorised course of action is not in accordance with a requirement which the relevant regime imposes. \n3) That includes any requirement as to where P is, or is not, to reside. \n4) The relevant regime is the mental health regime to which P is subject. *Treatment for mental disorder in a hospital*\n\n4) \n1) This paragraph applies in cases B and C in the table in paragraph 2. \n2) P is ineligible if the relevant care or treatment consists in whole or in part of medical treatment for mental disorder in a hospital. *P objects to being a mental health patient etc*\n\n5) \n1) This paragraph applies in cases D and E in the table in paragraph 2. \n2) P is ineligible if the following conditions are met. \n3) The first condition is that the relevant instrument authorises P to be a mental health patient. \n4) The second condition is that P objects— \n\ta) to being a mental health patient, or \n\tb) to being given some or all of the mental health treatment. \n5) The third condition is that a donee or deputy has not made a valid decision to consent to each matter to which P objects. \n6) In determining whether or not P objects to something, regard must be had to all the circumstances (so far as they are reasonably ascertainable), including the following— \n\ta) P's behaviour; \n\tb) P's wishes and feelings; \n\tc) P's views, beliefs and values. \n7) But regard is to be had to circumstances from the past only so far as it is still appropriate to have regard to them. ## Part 2\n## Interpretation\n\n*Application*\n\n6) This Part applies for the purposes of this Schedule. *Mental health regimes*\n\n7) The mental health regimes are— \n\ta) the hospital treatment regime, \n\tb) the community treatment regime, and \n\tc) the guardianship regime. *Hospital treatment regime*\n\n8) \n1) P is subject to the hospital treatment regime if he is subject to— \n\ta) a hospital treatment obligation under the relevant enactment, or \n\tb) an obligation under another England and Wales enactment which has the same effect as a hospital treatment obligation. \n2) But where P is subject to any such obligation, he is to be regarded as not subject to the hospital treatment regime during any period when he is subject to the community treatment regime. \n3) A hospital treatment obligation is an application, order or direction of a kind listed in the first column of the following table. \n4) In relation to a hospital treatment obligation, the relevant enactment is the enactment in the Mental Health Act which is referred to in the corresponding entry in the second column of the following table. Hospital treatment obligationRelevant enactmentApplication for admission for assessmentSection 2Application for admission for assessmentSection 4Application for admission for treatmentSection 3Order for remand to hospitalSection 35Order for remand to hospitalSection 36Hospital orderSection 37Interim hospital orderSection 38Order for detention in hospitalSection 44Hospital directionSection 45ATransfer directionSection 47Transfer directionSection 48Hospital orderSection 51 *Community treatment regime*\n\n9) P is subject to the community treatment regime if he is subject to— \n\ta) a community treatment order under section 17A of the Mental Health Act, or \n\tb) an obligation under another England and Wales enactment which has the same effect as a community treatment order. *Guardianship regime*\n\n10) P is subject to the guardianship regime if he is subject to— \n\ta) a guardianship application under section 7 of the Mental Health Act, \n\tb) a guardianship order under section 37 of the Mental Health Act, or \n\tc) an obligation under another England and Wales enactment which has the same effect as a guardianship application or guardianship order. *England and Wales enactments*\n\n11) \n1) An England and Wales enactment is an enactment which extends to England and Wales (whether or not it also extends elsewhere). \n2) It does not matter if the enactment is in the Mental Health Act or not. *P within scope of Mental Health Act*\n\n12) \n1) P is within the scope of the Mental Health Act if— \n\ta) an application in respect of P could be made under section 2 or 3 of the Mental Health Act, and \n\tb) P could be detained in a hospital in pursuance of such an application, were one made. \n2) The following provisions of this paragraph apply when determining whether an application in respect of P could be made under section 2 or 3 of the Mental Health Act. \n3) If the grounds in section 2(2) of the Mental Health Act are met in P's case, it is to be assumed that the recommendations referred to in section 2(3) of that Act have been given. \n4) If the grounds in section 3(2) of the Mental Health Act are met in P's case, it is to be assumed that the recommendations referred to in section 3(3) of that Act have been given. \n5) In determining whether the ground in section 3(2)(c) of the Mental Health Act is met in P's case, it is to be assumed that the treatment referred to in section 3(2)(c) cannot be provided under this Act. *Authorised course of action, relevant care or treatment & relevant instrument*\n\n13) In a case where this Schedule applies for the purposes of section 16A— \n\t- “authorised course of action” means any course of action amounting to deprivation of liberty which the order under section 16(2)(a) authorises;\n\t- “relevant care or treatment” means any care or treatment which— comprises, or forms part of, the authorised course of action, oris to be given in connection with the authorised course of action;\n\t- “relevant instrument” means the order under section 16(2)(a).\n14) In a case where this Schedule applies for the purposes of paragraph 17 of Schedule A1— \n\t- “authorised course of action” means the accommodation of the relevant person in the relevant hospital or care home for the purpose of being given the relevant care or treatment;\n\t- “relevant care or treatment” has the same meaning as in Schedule A1;\n\t- “relevant instrument” means the standard authorisation under Schedule A1.\n15) \n1) This paragraph applies where the question whether a person is ineligible to be deprived of liberty by this Act is relevant to either of these decisions— \n\ta) whether or not to include particular provision (“the proposed provision”) in an order under section 16(2)(a); \n\tb) whether or not to give a standard authorisation under Schedule A1. \n2) A reference in this Schedule to the authorised course of action or the relevant care or treatment is to be read as a reference to that thing as it would be if— \n\ta) the proposed provision were included in the order, or \n\tb) the standard authorisation were given. \n3) A reference in this Schedule to the relevant instrument is to be read as follows— \n\ta) where the relevant instrument is an order under section 16(2)(a): as a reference to the order as it would be if the proposed provision were included in it; \n\tb) where the relevant instrument is a standard authorisation: as a reference to the standard authorisation as it would be if it were given. *Expressions used in paragraph 5*\n\n16) \n1) These expressions have the meanings given— \n\t- “donee” means a donee of a lasting power of attorney granted by P;\n\t- “mental health patient” means a person accommodated in a hospital for the purpose of being given medical treatment for mental disorder;\n\t- “mental health treatment” means the medical treatment for mental disorder referred to in the definition of  “mental health patient”.\n2) A decision of a donee or deputy is valid if it is made— \n\ta) within the scope of his authority as donee or deputy, and \n\tb) in accordance with Part 1 of this Act. *Expressions with same meaning as in Mental Health Act*\n\n17) \n1) “Hospital” has the same meaning as in Part 2 of the Mental Health Act. \n2) “Medical treatment” has the same meaning as in the Mental Health Act. \n3) “Mental disorder” has the same meaning as in Schedule A1 (see paragraph 14). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/1A",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/1A",
    "legislation_id": "ukpga/2005/9",
    "title": "Persons ineligible to be deprived of liberty by this Act",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.074424Z",
    "text": "Section 39D) **Person subject to Schedule A1 without paid representative**\n\n1) This section applies if— \n\ta) an authorisation under Schedule A1 is in force in relation to a person (“P”), \n\tb) P has a representative (“R”) appointed under Part 10 of Schedule A1, and \n\tc) R is not being paid under regulations under Part 10 of Schedule A1 for acting as P's representative. \n2) The supervisory body must instruct an independent mental capacity advocate to represent P in any of the following cases. \n3) The first case is where P makes a request to the supervisory body to instruct an advocate. \n4) The second case is where R makes a request to the supervisory body to instruct an advocate. \n5) The third case is where the supervisory body have reason to believe one or more of the following— \n\ta) that, without the help of an advocate, P and R would be unable to exercise one or both of the relevant rights; \n\tb) that P and R have each failed to exercise a relevant right when it would have been reasonable to exercise it; \n\tc) that P and R are each unlikely to exercise a relevant right when it would be reasonable to exercise it. \n6) The duty in subsection (2) is subject to section 39E. \n7) If an advocate is appointed under this section, the advocate is, in particular, to take such steps as are practicable to help P and R to understand the following matters— \n\ta) the effect of the authorisation; \n\tb) the purpose of the authorisation; \n\tc) the duration of the authorisation; \n\td) any conditions to which the authorisation is subject; \n\te) the reasons why each assessor who carried out an assessment in connection with the request for the authorisation, or in connection with a review of the authorisation, decided that P met the qualifying requirement in question; \n\tf) the relevant rights; \n\tg) how to exercise the relevant rights. \n8) The advocate is, in particular, to take such steps as are practicable to help P or R— \n\ta) to exercise the right to apply to court, if it appears to the advocate that P or R wishes to exercise that right, or \n\tb) to exercise the right of review, if it appears to the advocate that P or R wishes to exercise that right. \n9) If the advocate helps P or R to exercise the right of review— \n\ta) the advocate may make submissions to the supervisory body on the question of whether a qualifying requirement is reviewable; \n\tb) the advocate may give information, or make submissions, to any assessor carrying out a review assessment. \n10) In this section— \n\t- “relevant rights” means— the right to apply to court, andthe right of review;\n\t- “right to apply to court” means the right to make an application to the court to exercise its jurisdiction under section 21A;\n\t- “right of review” means the right under Part 8 of Schedule A1 to request a review.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/39D",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/39D",
    "legislation_id": "ukpga/2005/9",
    "title": "Person subject to Schedule A1 without paid representative",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.124872Z",
    "text": "Section 61) **Court of Protection Visitors**\n\n1) A Court of Protection Visitor is a person who is appointed by the Lord Chancellor to— \n\ta) a panel of Special Visitors, or \n\tb) a panel of General Visitors. \n2) A person is not qualified to be a Special Visitor unless he— \n\ta) is a registered medical practitioner or appears to the Lord Chancellor to have other suitable qualifications or training, and \n\tb) appears to the Lord Chancellor to have special knowledge of and experience in cases of impairment of or disturbance in the functioning of the mind or brain. \n3) A General Visitor need not have a medical qualification. \n4) A Court of Protection Visitor— \n\ta) may be appointed for such term and subject to such conditions, and \n\tb) may be paid such remuneration and allowances, as the Lord Chancellor may determine. \n5) For the purpose of carrying out his functions under this Act in relation to a person who lacks capacity (“P”), a Court of Protection Visitor may, at all reasonable times, examine and take copies of— \n\ta) any health record, \n\tb) any record of, or held by, a local authority and compiled in connection with a social services function, and \n\tc) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14) , Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 , so far as the record relates to P. \n6) A Court of Protection Visitor may also for that purpose interview P in private. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/61",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/61",
    "legislation_id": "ukpga/2005/9",
    "title": "Court of Protection Visitors",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 61,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.098882Z",
    "text": "Section 49) **Power to call for reports**\n\n1) This section applies where, in proceedings brought in respect of a person (“P”) under Part 1, the court is considering a question relating to P. \n2) The court may require a report to be made to it by the Public Guardian or by a Court of Protection Visitor. \n3) The court may require a local authority, or an NHS body, to arrange for a report to be made— \n\ta) by one of its officers or employees, or \n\tb) by such other person (other than the Public Guardian or a Court of Protection Visitor) as the authority, or the NHS body, considers appropriate. \n4) The report must deal with such matters relating to P as the court may direct. \n5) Court of Protection Rules may specify matters which, unless the court directs otherwise, must also be dealt with in the report. \n6) The report may be made in writing or orally, as the court may direct. \n7) In complying with a requirement, the Public Guardian or a Court of Protection Visitor may, at all reasonable times, examine and take copies of— \n\ta) any health record, \n\tb) any record of, or held by, a local authority and compiled in connection with a social services function, and \n\tc) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14) , Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 , so far as the record relates to P. \n8) If the Public Guardian or a Court of Protection Visitor is making a visit in the course of complying with a requirement, he may interview P in private. \n9) If a Court of Protection Visitor who is a Special Visitor is making a visit in the course of complying with a requirement, he may if the court so directs carry out in private a medical, psychiatric or psychological examination of P's capacity and condition. \n10) “NHS body” has the meaning given in section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43). \n11) “Requirement” means a requirement imposed under subsection (2) or (3). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/49",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/49",
    "legislation_id": "ukpga/2005/9",
    "title": "Power to call for reports",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 49,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.002246Z",
    "text": "Section 20) **Restrictions on deputies**\n\n1) A deputy does not have power to make a decision on behalf of P in relation to a matter if he knows or has reasonable grounds for believing that P has capacity in relation to the matter. \n2) Nothing in section 16(5) or 17 permits a deputy to be given power— \n\ta) to prohibit a named person from having contact with P; \n\tb) to direct a person responsible for P's health care to allow a different person to take over that responsibility. \n3) A deputy may not be given powers with respect to— \n\ta) the settlement of any of P's property, whether for P's benefit or for the benefit of others, \n\tb) the execution for P of a will, or \n\tc) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise. \n4) A deputy may not be given power to make a decision on behalf of P which is inconsistent with a decision made, within the scope of his authority and in accordance with this Act, by the donee of a lasting power of attorney granted by P (or, if there is more than one donee, by any of them). \n5) A deputy may not refuse consent to the carrying out or continuation of life-sustaining treatment in relation to P. \n6) The authority conferred on a deputy is subject to the provisions of this Act and, in particular, sections 1 (the principles) and 4 (best interests). \n7) A deputy may not do an act that is intended to restrain P unless four conditions are satisfied. \n8) The first condition is that, in doing the act, the deputy is acting within the scope of an authority expressly conferred on him by the court. \n9) The second is that P lacks, or the deputy reasonably believes that P lacks, capacity in relation to the matter in question. \n10) The third is that the deputy reasonably believes that it is necessary to do the act in order to prevent harm to P. \n11) The fourth is that the act is a proportionate response to— \n\ta) the likelihood of P's suffering harm, and  \n\tb) the seriousness of that harm. \n12) For the purposes of this section, a deputy restrains P if he— \n\ta) uses, or threatens to use, force to secure the doing of an act which P resists, or \n\tb) restricts P's liberty of movement, whether or not P resists, or if he authorises another person to do any of those things. \n13)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/20",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/20",
    "legislation_id": "ukpga/2005/9",
    "title": "Restrictions on deputies",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.044136Z",
    "text": "Section 34) **Loss of capacity during research project**\n\n1) This section applies where a person (“P”)— \n\ta) has consented to take part in a research project begun before the commencement of section 30, but \n\tb) before the conclusion of the project, loses capacity to consent to continue to take part in it. \n2) The appropriate authority may by regulations provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if— \n\ta) the project satisfies prescribed requirements, \n\tb) any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity, and \n\tc) the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting him. \n3) The regulations may, in particular,— \n\ta) make provision about when, for the purposes of the regulations, a project is to be treated as having begun; \n\tb) include provision similar to any made by section 31, 32 or 33. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/34",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/34",
    "legislation_id": "ukpga/2005/9",
    "title": "Loss of capacity during research project",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 34,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.013711Z",
    "text": "Section 23) **Powers of court in relation to operation of lasting powers of attorney**\n\n1) The court may determine any question as to the meaning or effect of a lasting power of attorney or an instrument purporting to create one. \n2) The court may— \n\ta) give directions with respect to decisions— \n\t\ti) which the donee of a lasting power of attorney has authority to make, and \n\t\tii) which P lacks capacity to make; \n\tb) give any consent or authorisation to act which the donee would have to obtain from P if P had capacity to give it. \n3) The court may, if P lacks capacity to do so— \n\ta) give directions to the donee with respect to the rendering by him of reports or accounts and the production of records kept by him for that purpose; \n\tb) require the donee to supply information or produce documents or things in his possession as donee; \n\tc) give directions with respect to the remuneration or expenses of the donee; \n\td) relieve the donee wholly or partly from any liability which he has or may have incurred on account of a breach of his duties as donee. \n4) The court may authorise the making of gifts which are not within section 12(2) (permitted gifts). \n5) Where two or more donees are appointed under a lasting power of attorney, this section applies as if references to the donee were to all or any of them. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/23",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/23",
    "legislation_id": "ukpga/2005/9",
    "title": "Powers of court in relation to operation of lasting powers of attorney",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.091419Z",
    "text": "Section 45) **The Court of Protection**\n\n1) There is to be a superior court of record known as the Court of Protection. \n2) The court is to have an official seal. \n3) The court may sit at any place in England and Wales, on any day and at any time. \n4) The court is to have a central office and registry at a place appointed by the Lord Chancellor , after consulting the Lord Chief Justice  . \n5) The Lord Chancellor may , after consulting the Lord Chief Justice,  designate as additional registries of the court any district registry of the High Court and any county court office. \n5A) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— \n\ta) the President of the Court of Protection; \n\tb) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005). \n6) The office of the Supreme Court called the Court of Protection ceases to exist. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/45",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/45",
    "legislation_id": "ukpga/2005/9",
    "title": "The Court of Protection",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 45,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.104044Z",
    "text": "Section 51) **Court of Protection Rules**\n\n1) Rules of court with respect to the practice and procedure of the court (to be called  “Court of Protection Rules”) may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005. \n2) Court of Protection Rules may, in particular, make provision— \n\ta) as to the manner and form in which proceedings are to be commenced; \n\tb) as to the persons entitled to be notified of, and be made parties to, the proceedings; \n\tc) for the allocation, in such circumstances as may be specified, of any specified description of proceedings to a specified judge or to specified descriptions of judges; \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) for enabling the court to appoint a suitable person (who may, with his consent, be the Official Solicitor) to act in the name of, or on behalf of, or to represent the person to whom the proceedings relate; \n\tf) for enabling an application to the court to be disposed of without a hearing; \n\tg) for enabling the court to proceed with, or with any part of, a hearing in the absence of the person to whom the proceedings relate; \n\th) for enabling or requiring the proceedings or any part of them to be conducted in private and for enabling the court to determine who is to be admitted when the court sits in private and to exclude specified persons when it sits in public; \n\ti) as to what may be received as evidence (whether or not admissible apart from the rules) and the manner in which it is to be presented; \n\tj) for the enforcement of orders made and directions given in the proceedings. \n3) Court of Protection Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions. \n4) Court of Protection Rules may make different provision for different areas. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/51",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/51",
    "legislation_id": "ukpga/2005/9",
    "title": "Court of Protection Rules",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 51,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.016700Z",
    "text": "Section 24) **Advance decisions to refuse treatment: general**\n\n1) “Advance decision” means a decision made by a person (“P”), after he has reached 18 and when he has capacity to do so, that if— \n\ta) at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and \n\tb) at that time he lacks capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not to be carried out or continued. \n2) For the purposes of subsection (1)(a), a decision may be regarded as specifying a treatment or circumstances even though expressed in layman's terms. \n3) P may withdraw or alter an advance decision at any time when he has capacity to do so. \n4) A withdrawal (including a partial withdrawal) need not be in writing. \n5) An alteration of an advance decision need not be in writing (unless section 25(5) applies in relation to the decision resulting from the alteration). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/24",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/24",
    "legislation_id": "ukpga/2005/9",
    "title": "Advance decisions to refuse treatment: general",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 24,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.006122Z",
    "text": "Section 21) **Transfer of proceedings relating to people under 18**\n\n1) The Lord Chief Justice, with the concurrence of the Lord Chancellor,  may by order make provision as to the transfer of proceedings relating to a person under 18, in such circumstances as are specified in the order— \n\ta) from the Court of Protection to a court having jurisdiction under the Children Act 1989 (c. 41), or \n\tb) from a court having jurisdiction under that Act to the Court of Protection. \n2) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— \n\ta) the President of the Court of Protection; \n\tb) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005).  ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/21",
    "legislation_id": "ukpga/2005/9",
    "title": "Transfer of proceedings relating to people under 18",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.018377Z",
    "text": "Section 25) **Validity and applicability of advance decisions**\n\n1) An advance decision does not affect the liability which a person may incur for carrying out or continuing a treatment in relation to P unless the decision is at the material time— \n\ta) valid, and \n\tb) applicable to the treatment. \n2) An advance decision is not valid if P— \n\ta) has withdrawn the decision at a time when he had capacity to do so, \n\tb) has, under a lasting power of attorney created after the advance decision was made, conferred authority on the donee (or, if more than one, any of them) to give or refuse consent to the treatment to which the advance decision relates, or \n\tc) has done anything else clearly inconsistent with the advance decision remaining his fixed decision. \n3) An advance decision is not applicable to the treatment in question if at the material time P has capacity to give or refuse consent to it. \n4) An advance decision is not applicable to the treatment in question if— \n\ta) that treatment is not the treatment specified in the advance decision, \n\tb) any circumstances specified in the advance decision are absent, or \n\tc) there are reasonable grounds for believing that circumstances exist which P did not anticipate at the time of the advance decision and which would have affected his decision had he anticipated them. \n5) An advance decision is not applicable to life-sustaining treatment unless— \n\ta) the decision is verified by a statement by P to the effect that it is to apply to that treatment even if life is at risk, and \n\tb) the decision and statement comply with subsection (6). \n6) A decision or statement complies with this subsection only if— \n\ta) it is in writing, \n\tb) it is signed by P or by another person in P's presence and by P's direction, \n\tc) the signature is made or acknowledged by P in the presence of a witness, and \n\td) the witness signs it, or acknowledges his signature, in P's presence. \n7) The existence of any lasting power of attorney other than one of a description mentioned in subsection (2)(b) does not prevent the advance decision from being regarded as valid and applicable. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/25",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/25",
    "legislation_id": "ukpga/2005/9",
    "title": "Validity and applicability of advance decisions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.972111Z",
    "text": "Section 10) **Appointment of donees**\n\n1) A donee of a lasting power of attorney must be— \n\ta) an individual who has reached 18, or \n\tb) if the power relates only to P's property and affairs, either such an individual or a trust corporation. \n2) An individual who is bankrupt or is a person in relation to whom a debt relief order is made may not be appointed as donee of a lasting power of attorney in relation to P's property and affairs. \n3) Subsections (4) to (7) apply in relation to an instrument under which two or more persons are to act as donees of a lasting power of attorney. \n4) The instrument may appoint them to act— \n\ta) jointly, \n\tb) jointly and severally, or \n\tc) jointly in respect of some matters and jointly and severally in respect of others. \n5) To the extent to which it does not specify whether they are to act jointly or jointly and severally, the instrument is to be assumed to appoint them to act jointly. \n6) If they are to act jointly, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of Schedule 1 prevents a lasting power of attorney from being created. \n7) If they are to act jointly and severally, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part 1 or 2 of Schedule 1— \n\ta) prevents the appointment taking effect in his case, but \n\tb) does not prevent a lasting power of attorney from being created in the case of the other or others. \n8) An instrument used to create a lasting power of attorney— \n\ta) cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor, but \n\tb) may itself appoint a person to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 13(6)(a) to (d) which has the effect of terminating the donee's appointment. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/10",
    "legislation_id": "ukpga/2005/9",
    "title": "Appointment of donees",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.093054Z",
    "text": "Section 46) **The judges of the Court of Protection**\n\n1) Subject to Court of Protection Rules under section 51(2)(d), the jurisdiction of the court is exercisable by a judge nominated for that purpose by— \n\ta) the Lord Chief Justice  , or \n\tb) where nominated by the Lord Chief Justice to act on his behalf under this subsection— \n\t\ti) the President of the Court of Protection; or \n\t\tii) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005). \n2) To be nominated, a judge must be— \n\ta) the President of the Family Division, \n\tb) the Chancellor of the High Court , \n\tc) a puisne judge of the High Court, \n\td) a circuit judge,  ... \n\te) a district judge. \n\tf) a District Judge (Magistrates' Courts), \n\tg) a judge of the First-tier Tribunal, or of the Upper Tribunal, by virtue of appointment under paragraph 1(1) of Schedule 2 or 3 to the Tribunals, Courts and Enforcement Act 2007, \n\th) a transferred-in judge of the First-tier Tribunal or of the Upper Tribunal (see section 31(2) of that Act), \n\ti) a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act), \n\tj) the Chamber President, or Deputy Chamber President, of a chamber of the First-tier Tribunal or of a chamber of the Upper Tribunal, \n\tk) the Judge Advocate General, \n\tl) a Recorder, \n\tm) the holder of an office listed in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc ), \n\tn) a holder of an office listed in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc ), \n\to) a deputy district judge appointed under section 102 of that Act or under section 8 of the County Courts Act 1984, \n\tp) a member of a panel of Employment Judges established for England and Wales or for Scotland, \n\tq) a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General), \n\tr) a deputy judge of the High Court, \n\ts) the Senior President of Tribunals, \n\tt) an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court), \n\tu) the President of the Queen's Bench Division, \n\tv) the Master of the Rolls, or \n\tw) the Lord Chief Justice. \n3) The Lord Chief Justice, after consulting the Lord Chancellor,  must— \n\ta) appoint one of the judges nominated by virtue of subsection (2)(a) to (c) to be President of the Court of Protection, and \n\tb) appoint another of those judges to be Vice-President of the Court of Protection. \n4) The Lord Chief Justice, after consulting the Lord Chancellor,  must appoint one of the judges nominated by virtue of subsection (2)(d) to (q) to be Senior Judge of the Court of Protection, having such administrative functions in relation to the court as the Lord Chancellor , after consulting the Lord Chief Justice,  may direct. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/46",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/46",
    "legislation_id": "ukpga/2005/9",
    "title": "The judges of the Court of Protection",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 46,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.138741Z",
    "text": "Section 68) **Commencement and extent**\n\n1) This Act, other than sections 30 to 41, comes into force in accordance with provision made by order by the Lord Chancellor. \n2) Sections 30 to 41 come into force in accordance with provision made by order by— \n\ta) the Secretary of State, in relation to England, and \n\tb) the National Assembly for Wales, in relation to Wales. \n3) An order under this section may appoint different days for different provisions and different purposes. \n4) Subject to subsections (5) and (6), this Act extends to England and Wales only. \n5) The following provisions extend to the United Kingdom— \n\ta) paragraph 16(1) of Schedule 1 (evidence of instruments and of registration of lasting powers of attorney), \n\tb) paragraph 15(3) of Schedule 4 (evidence of instruments and of registration of enduring powers of attorney). \n6) Subject to any provision made in Schedule 6, the amendments and repeals made by Schedules 6 and 7 have the same extent as the enactments to which they relate. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/68",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/68",
    "legislation_id": "ukpga/2005/9",
    "title": "Commencement and extent",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 68,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.985412Z",
    "text": "Section 14) **Protection of donee and others if no power created or power revoked**\n\n1) Subsections (2) and (3) apply if— \n\ta) an instrument has been registered under Schedule 1 as a lasting power of attorney, but \n\tb) a lasting power of attorney was not created, whether or not the registration has been cancelled at the time of the act or transaction in question. \n2) A donee who acts in purported exercise of the power does not incur any liability (to P or any other person) because of the non-existence of the power unless at the time of acting he— \n\ta) knows that a lasting power of attorney was not created, or \n\tb) is aware of circumstances which, if a lasting power of attorney had been created, would have terminated his authority to act as a donee. \n3) Any transaction between the donee and another person is, in favour of that person, as valid as if the power had been in existence, unless at the time of the transaction that person has knowledge of a matter referred to in subsection (2). \n4) If the interest of a purchaser depends on whether a transaction between the donee and the other person was valid by virtue of subsection (3), it is conclusively presumed in favour of the purchaser that the transaction was valid if— \n\ta) the transaction was completed within 12 months of the date on which the instrument was registered, or \n\tb) the other person makes a statutory declaration, before or within 3 months after the completion of the purchase, that he had no reason at the time of the transaction to doubt that the donee had authority to dispose of the property which was the subject of the transaction. \n5) In its application to a lasting power of attorney which relates to matters in addition to P's property and affairs, section 5 of the Powers of Attorney Act 1971 (c. 27) (protection where power is revoked) has effect as if references to revocation included the cessation of the power in relation to P's property and affairs. \n6) Where two or more donees are appointed under a lasting power of attorney, this section applies as if references to the donee were to all or any of them. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/14",
    "legislation_id": "ukpga/2005/9",
    "title": "Protection of donee and others if no power created or power revoked",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.107724Z",
    "text": "Section 52) **Practice directions**\n\n1) Directions as to the practice and procedure of the court may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005. \n2) Practice directions given otherwise than under subsection (1) may not be given without the approval of— \n\ta) the Lord Chancellor, and \n\tb) the Lord Chief Justice. \n3) The Lord Chief Justice may nominate any of the following to exercise his functions under this section— \n\ta) the President of the Court of Protection; \n\tb) a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/52",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/52",
    "legislation_id": "ukpga/2005/9",
    "title": "Practice directions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 52,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.963195Z",
    "text": "Section 4B) **Deprivation of liberty necessary for life-sustaining treatment etc**\n\n1) If the following conditions are met, D is authorised to deprive P of his liberty while a decision as respects any relevant issue is sought from the court. \n2) The first condition is that there is a question about whether D is authorised to deprive P of his liberty under section 4A. \n3) The second condition is that the deprivation of liberty— \n\ta) is wholly or partly for the purpose of— \n\t\ti) giving P life-sustaining treatment, or \n\t\tii) doing any vital act, or \n\tb) consists wholly or partly of— \n\t\ti) giving P life-sustaining treatment, or \n\t\tii) doing any vital act. \n4) The third condition is that the deprivation of liberty is necessary in order to— \n\ta) give the life-sustaining treatment, or \n\tb) do the vital act. \n5) A vital act is any act which the person doing it reasonably believes to be necessary to prevent a serious deterioration in P's condition. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/4B",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/4B",
    "legislation_id": "ukpga/2005/9",
    "title": "Deprivation of liberty necessary for life-sustaining treatment etc",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.968468Z",
    "text": "Section 7) **Payment for necessary goods and services**\n\n1) If necessary goods or services are supplied to a person who lacks capacity to contract for the supply, he must pay a reasonable price for them. \n2) “Necessary” means suitable to a person's condition in life and to his actual requirements at the time when the goods or services are supplied. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/7",
    "legislation_id": "ukpga/2005/9",
    "title": "Payment for necessary goods and services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.041462Z",
    "text": "Section 33) **Additional safeguards**\n\n1) This section applies in relation to a person who is taking part in an approved research project even though he lacks capacity to consent to taking part. \n2) Nothing may be done to, or in relation to, him in the course of the research— \n\ta) to which he appears to object (whether by showing signs of resistance or otherwise) except where what is being done is intended to protect him from harm or to reduce or prevent pain or discomfort, or \n\tb) which would be contrary to— \n\t\ti) an advance decision of his which has effect, or \n\t\tii) any other form of statement made by him and not subsequently withdrawn, of which R is aware. \n3) The interests of the person must be assumed to outweigh those of science and society. \n4) If he indicates (in any way) that he wishes to be withdrawn from the project he must be withdrawn without delay. \n5) P must be withdrawn from the project, without delay, if at any time the person conducting the research has reasonable grounds for believing that one or more of the requirements set out in section 31(2) to (7) is no longer met in relation to research being carried out on, or in relation to, P. \n6) But neither subsection (4) nor subsection (5) requires treatment that P has been receiving as part of the project to be discontinued if R has reasonable grounds for believing that there would be a significant risk to P's health if it were discontinued. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/33",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/33",
    "legislation_id": "ukpga/2005/9",
    "title": "Additional safeguards",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 33,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.117728Z",
    "text": "Section 58) **Functions of the Public Guardian**\n\n1) The Public Guardian has the following functions— \n\ta) establishing and maintaining a register of lasting powers of attorney, \n\tb) establishing and maintaining a register of orders appointing deputies, \n\tc) supervising deputies appointed by the court, \n\td) directing a Court of Protection Visitor to visit— \n\t\ti) a donee of a lasting power of attorney, \n\t\tii) a deputy appointed by the court, or \n\t\tiii) the person granting the power of attorney or for whom the deputy is appointed (“P”), and to make a report to the Public Guardian on such matters as he may direct, \n\te) receiving security which the court requires a person to give for the discharge of his functions, \n\tf) receiving reports from donees of lasting powers of attorney and deputies appointed by the court, \n\tg) reporting to the court on such matters relating to proceedings under this Act as the court requires, \n\th) dealing with representations (including complaints) about the way in which a donee of a lasting power of attorney or a deputy appointed by the court is exercising his powers, \n\ti) publishing, in any manner the Public Guardian thinks appropriate, any information he thinks appropriate about the discharge of his functions. \n2) The functions conferred by subsection (1)(c) and (h) may be discharged in co-operation with any other person who has functions in relation to the care or treatment of P. \n2A) The Public Guardian also has the following functions— \n\ta) establishing and maintaining a register of guardianship orders, \n\tb) supervising guardians, \n\tc) receiving security which the court requires a guardian to give for the exercise of the guardian’s functions, \n\td) receiving reports from guardians, \n\te) reporting to the court on such matters relating to proceedings under the Guardianship (Missing Persons) Act 2017 as the court requires, \n\tf) dealing with representations (including complaints) about the way in which a guardian is exercising the guardian’s functions, and \n\tg) publishing, in any manner the Public Guardian thinks appropriate, information about the exercise of his or her functions in connection with guardians and guardianship orders. \n3) The Lord Chancellor may by regulations make provision— \n\ta) conferring on the Public Guardian other functions in connection with this Act or the Guardianship (Missing Persons) Act 2017 ; \n\tb) in connection with the discharge by the Public Guardian of his functions. \n4) Regulations made under subsection (3)(b) may in particular make provision as to— \n\ta) the giving of security by deputies appointed by the court or guardians and the enforcement and discharge of security so given; \n\tb) the fees which may be charged by the Public Guardian; \n\tc) the way in which, and funds from which, such fees are to be paid; \n\td) exemptions from and reductions in such fees; \n\te) remission of such fees in whole or in part; \n\tf) the making of reports to the Public Guardian by deputies appointed by the court and others who are directed by the court to carry out any transaction for a person who lacks capacity. \n\tg) the making of reports to the Public Guardian by guardians. \n5) For the purpose of enabling him to carry out his functions in relation to lasting powers of attorney or deputies , the Public Guardian may, at all reasonable times, examine and take copies of— \n\ta) any health record, \n\tb) any record of, or held by, a local authority and compiled in connection with a social services function, and \n\tc) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c. 14) , Chapter 2 of Part 1 of the Health and Social Care Act 2008 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 , so far as the record relates to P. \n6) The Public Guardian may also for that purpose interview P in private. \n7) In this section “guardian” and “guardianship order” have the same meaning as in the Guardianship (Missing Persons) Act 2017. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/58",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/58",
    "legislation_id": "ukpga/2005/9",
    "title": "Functions of the Public Guardian",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 58,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.025186Z",
    "text": "Section 27) **Family relationships etc.**\n\n1) Nothing in this Act permits a decision on any of the following matters to be made on behalf of a person— \n\ta) consenting to marriage or a civil partnership, \n\tb) consenting to have sexual relations, \n\tc) consenting to a decree of divorce being granted on the basis of two years' separation, \n\td) consenting to a dissolution order being made in relation to a civil partnership on the basis of two years' separation, \n\te) consenting to a child's being placed for adoption by an adoption agency, \n\tf) consenting to the making of an adoption order, \n\tg) discharging parental responsibilities in matters not relating to a child's property, \n\th) giving a consent under the Human Fertilisation and Embryology Act 1990 (c. 37). \n\ti) giving a consent under the Human Fertilisation and Embryology Act 2008. \n2) “Adoption order” means— \n\ta) an adoption order within the meaning of the Adoption and Children Act 2002 (c. 38)\n\t\t\t\t\t\t\t(including a future adoption order), and \n\tb) an order under section 84 of that Act (parental responsibility prior to adoption abroad). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/27",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/27",
    "legislation_id": "ukpga/2005/9",
    "title": "Family relationships etc.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 27,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.127921Z",
    "text": "Section 63) **International protection of adults**\nSchedule 3— \n\ta) gives effect in England and Wales to the Convention on the International Protection of Adults signed at the Hague on 13th January 2000 ( Cm. 5881) (in so far as this Act does not otherwise do so), and \n\tb) makes related provision as to the private international law of England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/63",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/63",
    "legislation_id": "ukpga/2005/9",
    "title": "International protection of adults",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 63,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.010743Z",
    "text": "Section 22) **Powers of court in relation to validity of lasting powers of attorney**\n\n1) This section and section 23 apply if — \n\ta) a person (“P”) has executed or purported to execute an instrument with a view to creating a lasting power of attorney, or \n\tb) an instrument has been registered as a lasting power of attorney conferred by P. \n2) The court may determine any question relating to— \n\ta) whether one or more of the requirements for the creation of a lasting power of attorney have been met; \n\tb) whether the power has been revoked or has otherwise come to an end. \n3) Subsection (4) applies if the court is satisfied— \n\ta) that fraud or undue pressure was used to induce P— \n\t\ti) to execute an instrument for the purpose of creating a lasting power of attorney, or \n\t\tii) to create a lasting power of attorney, or \n\tb) that the donee (or, if more than one, any of them) of a lasting power of attorney— \n\t\ti) has behaved, or is behaving, in a way that contravenes his authority or is not in P's best interests, or \n\t\tii) proposes to behave in a way that would contravene his authority or would not be in P's best interests. \n4) The court may— \n\ta) direct that an instrument purporting to create the lasting power of attorney is not to be registered, or \n\tb) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney. \n5) If there is more than one donee, the court may under subsection (4)(b) revoke the instrument or the lasting power of attorney so far as it relates to any of them. \n6) “Donee” includes an intended donee. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/22",
    "legislation_id": "ukpga/2005/9",
    "title": "Powers of court in relation to validity of lasting powers of attorney",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.434858Z",
    "text": "SCHEDULE 3 International protection of adults Section 63 ## Part 1\n## Preliminary\n\n*Introduction*\n\n1) This Part applies for the purposes of this Schedule. *The Convention*\n\n2) \n1) “Convention” means the Convention referred to in section 63. \n2) “Convention country” means a country in which the Convention is in force. \n3) A reference to an Article or Chapter is to an Article or Chapter of the Convention. \n4) An expression which appears in this Schedule and in the Convention is to be construed in accordance with the Convention. *Countries, territories and nationals*\n\n3) \n1) “Country” includes a territory which has its own system of law. \n2) Where a country has more than one territory with its own system of law, a reference to the country, in relation to one of its nationals, is to the territory with which the national has the closer, or the closest, connection. *Adults with incapacity*\n\n4) \n1) “Adult” means subject to sub-paragraph (2) a person who— \n\ta) as a result of an impairment or insufficiency of his personal faculties, cannot protect his interests, and \n\tb) has reached 16. \n2) But  “adult” does not include a child to whom  ... the following applies— \n\ta) the Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in respect of Parental Responsibility and Measures for the Protection of Children that was signed at The Hague on 19 October 1996; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Protective measures*\n\n5) \n1) “Protective measure” means a measure directed to the protection of the person or property of an adult; and it may deal in particular with any of the following— \n\ta) the determination of incapacity and the institution of a protective regime, \n\tb) placing the adult under the protection of an appropriate authority, \n\tc) guardianship, curatorship or any corresponding system, \n\td) the designation and functions of a person having charge of the adult's person or property, or representing or otherwise helping him, \n\te) placing the adult in a place where protection can be provided, \n\tf) administering, conserving or disposing of the adult's property, \n\tg) authorising a specific intervention for the protection of the person or property of the adult. \n2) Where a measure of like effect to a protective measure has been taken in relation to a person before he reaches 16, this Schedule applies to the measure in so far as it has effect in relation to him once he has reached 16. *Central Authority*\n\n6) \n1) Any function under the Convention of a Central Authority is exercisable in England and Wales by the Lord Chancellor. \n2) A communication may be sent to the Central Authority in relation to England and Wales by sending it to the Lord Chancellor. ## Part 2\n## Jurisdiction of competent authority\n\n*Scope of jurisdiction*\n\n7) \n1) The court may exercise its functions under this Act (in so far as it cannot otherwise do so) in relation to— \n\ta) an adult habitually resident in England and Wales, \n\tb) an adult's property in England and Wales, \n\tc) an adult present in England and Wales or who has property there, if the matter is urgent, or \n\td) an adult present in England and Wales, if a protective measure which is temporary and limited in its effect to England and Wales is proposed in relation to him. \n2) An adult present in England and Wales is to be treated for the purposes of this paragraph as habitually resident there if— \n\ta) his habitual residence cannot be ascertained, \n\tb) he is a refugee, or \n\tc) he has been displaced as a result of disturbance in the country of his habitual residence. \n8) \n1) The court may also exercise its functions under this Act (in so far as it cannot otherwise do so) in relation to an adult if sub-paragraph (2) or (3) applies in relation to him. \n2) This sub-paragraph applies in relation to an adult if— \n\ta) he is a British citizen, \n\tb) he has a closer connection with England and Wales than with Scotland or Northern Ireland, and \n\tc) Article 7 has, in relation to the matter concerned, been complied with. \n3) This sub-paragraph applies in relation to an adult if the Lord Chancellor, having consulted such persons as he considers appropriate, agrees to a request under Article 8 in relation to the adult. *Exercise of jurisdiction*\n\n9) \n1) This paragraph applies where jurisdiction is exercisable under this Schedule in connection with a matter which involves a Convention country other than England and Wales. \n2) Any Article on which the jurisdiction is based applies in relation to the matter in so far as it involves the other country (and the court must, accordingly, comply with any duty conferred on it as a result). \n3) Article 12 also applies, so far as its provisions allow, in relation to the matter in so far as it involves the other country. \n10) A reference in this Schedule to the exercise of jurisdiction under this Schedule is to the exercise of functions under this Act as a result of this Part of this Schedule. ## Part 3\n## Applicable law\n\n*Applicable law*\n\n11) In exercising jurisdiction under this Schedule, the court may, if it thinks that the matter has a substantial connection with a country other than England and Wales, apply the law of that other country. \n12) Where a protective measure is taken in one country but implemented in another, the conditions of implementation are governed by the law of the other country. *Lasting powers of attorney, etc.*\n\n13) \n1) If the donor of a lasting power is habitually resident in England and Wales at the time of granting the power, the law applicable to the existence, extent, modification or extinction of the power is— \n\ta) the law of England and Wales, or \n\tb) if he specifies in writing the law of a connected country for the purpose, that law. \n2) If he is habitually resident in another country at that time, but England and Wales is a connected country, the law applicable in that respect is— \n\ta) the law of the other country, or \n\tb) if he specifies in writing the law of England and Wales for the purpose, that law. \n3) A country is connected, in relation to the donor, if it is a country— \n\ta) of which he is a national, \n\tb) in which he was habitually resident, or \n\tc) in which he has property. \n4) Where this paragraph applies as a result of sub-paragraph (3)(c), it applies only in relation to the property which the donor has in the connected country. \n5) The law applicable to the manner of the exercise of a lasting power is the law of the country where it is exercised. \n6) In this Part of this Schedule,  “lasting power” means— \n\ta) a lasting power of attorney (see section 9), \n\tb) an enduring power of attorney within the meaning of Schedule 4, or \n\tc) any other power of like effect. \n14) \n1) Where a lasting power is not exercised in a manner sufficient to guarantee the protection of the person or property of the donor, the court, in exercising jurisdiction under this Schedule, may disapply or modify the power. \n2) Where, in accordance with this Part of this Schedule, the law applicable to the power is, in one or more respects, that of a country other than England and Wales, the court must, so far as possible, have regard to the law of the other country in that respect (or those respects). \n15) Regulations may provide for Schedule 1 (lasting powers of attorney: formalities) to apply with modifications in relation to a lasting power which comes within paragraph 13(6)(c) above. *Protection of third parties*\n\n16) \n1) This paragraph applies where a person (a  “representative”) in purported exercise of an authority to act on behalf of an adult enters into a transaction with a third party. \n2) The validity of the transaction may not be questioned in proceedings, nor may the third party be held liable, merely because— \n\ta) where the representative and third party are in England and Wales when entering into the transaction, sub-paragraph (3) applies; \n\tb) where they are in another country at that time, sub-paragraph (4) applies. \n3) This sub-paragraph applies if— \n\ta) the law applicable to the authority in one or more respects is, as a result of this Schedule, the law of a country other than England and Wales, and \n\tb) the representative is not entitled to exercise the authority in that respect (or those respects) under the law of that other country. \n4) This sub-paragraph applies if— \n\ta) the law applicable to the authority in one or more respects is, as a result of this Part of this Schedule, the law of England and Wales, and \n\tb) the representative is not entitled to exercise the authority in that respect (or those respects) under that law. \n5) This paragraph does not apply if the third party knew or ought to have known that the applicable law was— \n\ta) in a case within sub-paragraph (3), the law of the other country; \n\tb) in a case within sub-paragraph (4), the law of England and Wales. *Mandatory rules*\n\n17) Where the court is entitled to exercise jurisdiction under this Schedule, the mandatory provisions of the law of England and Wales apply, regardless of any system of law which would otherwise apply in relation to the matter. *Public policy*\n\n18) Nothing in this Part of this Schedule requires or enables the application in England and Wales of a provision of the law of another country if its application would be manifestly contrary to public policy. ## Part 4\n## Recognition and enforcement\n\n*Recognition*\n\n19) \n1) A protective measure taken in relation to an adult under the law of a country other than England and Wales is to be recognised in England and Wales if it was taken on the ground that the adult is habitually resident in the other country. \n2) A protective measure taken in relation to an adult under the law of a Convention country other than England and Wales is to be recognised in England and Wales if it was taken on a ground mentioned in Chapter 2 (jurisdiction). \n3) But the court may disapply this paragraph in relation to a measure if it thinks that— \n\ta) the case in which the measure was taken was not urgent, \n\tb) the adult was not given an opportunity to be heard, and \n\tc) that omission amounted to a breach of natural justice. \n4) It may also disapply this paragraph in relation to a measure if it thinks that— \n\ta) recognition of the measure would be manifestly contrary to public policy, \n\tb) the measure would be inconsistent with a mandatory provision of the law of England and Wales, or \n\tc) the measure is inconsistent with one subsequently taken, or recognised, in England and Wales in relation to the adult. \n5) And the court may disapply this paragraph in relation to a measure taken under the law of a Convention country in a matter to which Article 33 applies, if the court thinks that that Article has not been complied with in connection with that matter. \n20) \n1) An interested person may apply to the court for a declaration as to whether a protective measure taken under the law of a country other than England and Wales is to be recognised in England and Wales. \n2) No permission is required for an application to the court under this paragraph. \n21) For the purposes of paragraphs 19 and 20, any finding of fact relied on when the measure was taken is conclusive. *Enforcement*\n\n22) \n1) An interested person may apply to the court for a declaration as to whether a protective measure taken under the law of, and enforceable in, a country other than England and Wales is enforceable, or to be registered, in England and Wales in accordance with Court of Protection Rules. \n2) The court must make the declaration if— \n\ta) the measure comes within sub-paragraph (1) or (2) of paragraph 19, and \n\tb) the paragraph is not disapplied in relation to it as a result of sub-paragraph (3), (4) or (5). \n3) A measure to which a declaration under this paragraph relates is enforceable in England and Wales as if it were a measure of like effect taken by the court. *Measures taken in relation to those aged under 16*\n\n23) \n1) This paragraph applies where— \n\ta) provision giving effect to, or otherwise deriving from, the Convention in a country other than England and Wales applies in relation to a person who has not reached 16, and \n\tb) a measure is taken in relation to that person in reliance on that provision. \n2) This Part of this Schedule applies in relation to that measure as it applies in relation to a protective measure taken in relation to an adult under the law of a Convention country other than England and Wales. *Supplementary*\n\n24) The court may not review the merits of a measure taken outside England and Wales except to establish whether the measure complies with this Schedule in so far as it is, as a result of this Schedule, required to do so. \n25) Court of Protection Rules may make provision about an application under paragraph 20 or 22. ## Part 5\n## Co-operation\n\n*Proposal for cross-border placement*\n\n26) \n1) This paragraph applies where a public authority proposes to place an adult in an establishment in a Convention country other than England and Wales. \n2) The public authority must consult an appropriate authority in that other country about the proposed placement and, for that purpose, must send it— \n\ta) a report on the adult, and \n\tb) a statement of its reasons for the proposed placement. \n3) If the appropriate authority in the other country opposes the proposed placement within a reasonable time, the public authority may not proceed with it. \n27) A proposal received by a public authority under Article 33 in relation to an adult is to proceed unless the authority opposes it within a reasonable time. *Adult in danger etc.*\n\n28) \n1) This paragraph applies if a public authority is told that an adult— \n\ta) who is in serious danger, and \n\tb) in relation to whom the public authority has taken, or is considering taking, protective measures, is, or has become resident, in a Convention country other than England and Wales. \n2) The public authority must tell an appropriate authority in that other country about— \n\ta) the danger, and \n\tb) the measures taken or under consideration. \n29) A public authority may not request from, or send to, an appropriate authority in a Convention country information in accordance with Chapter 5 (co-operation) in relation to an adult if it thinks that doing so— \n\ta) would be likely to endanger the adult or his property, or \n\tb) would amount to a serious threat to the liberty or life of a member of the adult's family. ## Part 6\n## General\n\n*Certificates*\n\n30) A certificate given under Article 38 by an authority in a Convention country other than England and Wales is, unless the contrary is shown, proof of the matters contained in it. *Powers to make further provision as to private international law*\n\n31) Her Majesty may by Order in Council confer on the Lord Chancellor, the court or another public authority functions for enabling the Convention to be given effect in England and Wales. \n32) \n1) Regulations may make provision— \n\ta) giving further effect to the Convention, or \n\tb) otherwise about the private international law of England and Wales in relation to the protection of adults. \n2) The regulations may— \n\ta) confer functions on the court or another public authority; \n\tb) amend this Schedule; \n\tc) provide for this Schedule to apply with specified modifications; \n\td) make provision about countries other than Convention countries. *Exceptions*\n\n33) Nothing in this Schedule applies, and no provision made under paragraph 32 is to apply, to any matter to which the Convention, as a result of Article 4, does not apply. *Regulations and orders*\n\n34) A reference in this Schedule to regulations or an order (other than an Order in Council) is to regulations or an order made for the purposes of this Schedule by the Lord Chancellor. *Commencement*\n\n35) The following provisions of this Schedule have effect only if the Convention is in force in accordance with Article 57— \n\ta) paragraph 8, \n\tb) paragraph 9, \n\tc) paragraph 19(2) and (5), \n\td) Part 5, \n\te) paragraph 30. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/3",
    "legislation_id": "ukpga/2005/9",
    "title": "International protection of adults",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
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    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.955014Z",
    "text": "Section 3) **Inability to make decisions**\n\n1) For the purposes of section 2, a person is unable to make a decision for himself if he is unable— \n\ta) to understand the information relevant to the decision, \n\tb) to retain that information, \n\tc) to use or weigh that information as part of the process of making the decision, or \n\td) to communicate his decision (whether by talking, using sign language or any other means). \n2) A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand an explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means). \n3) The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent him from being regarded as able to make the decision. \n4) The information relevant to a decision includes information about the reasonably foreseeable consequences of— \n\ta) deciding one way or another, or \n\tb) failing to make the decision. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/3",
    "legislation_id": "ukpga/2005/9",
    "title": "Inability to make decisions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.390480Z",
    "text": "SCHEDULE 1 Lasting powers of attorney: formalities Section 9 ## Part 1\n## Making instruments\n\n*General requirements as to making instruments*\n\n1) \n1) An instrument is not made in accordance with this Schedule unless— \n\ta) it is in the prescribed form, \n\tb) it complies with paragraph 2, and \n\tc) any prescribed requirements in connection with its execution are satisfied. \n2) Regulations may make different provision according to whether— \n\ta) the instrument relates to personal welfare or to property and affairs (or to both); \n\tb) only one or more than one donee is to be appointed (and if more than one, whether jointly or jointly and severally). \n3) In this Schedule— \n\ta) “prescribed” means prescribed by regulations, and \n\tb) “regulations” means regulations made for the purposes of this Schedule by the Lord Chancellor. *Requirements as to content of instruments*\n\n2) \n1) The instrument must include— \n\ta) the prescribed information about the purpose of the instrument and the effect of a lasting power of attorney, \n\tb) a statement by the donor to the effect that he— \n\t\ti) has read the prescribed information or a prescribed part of it (or has had it read to him), and \n\t\tii) intends the authority conferred under the instrument to include authority to make decisions on his behalf in circumstances where he no longer has capacity, \n\tc) a statement by the donor— \n\t\ti) naming a person or persons whom the donor wishes to be notified of any application for the registration of the instrument, or \n\t\tii) stating that there are no persons whom he wishes to be notified of any such application, \n\td) a statement by the donee (or, if more than one, each of them) to the effect that he— \n\t\ti) has read the prescribed information or a prescribed part of it (or has had it read to him), and \n\t\tii) understands the duties imposed on a donee of a lasting power of attorney under sections 1 (the principles) and 4 (best interests), and \n\te) a certificate by a person of a prescribed description that, in his opinion, at the time when the donor executes the instrument— \n\t\ti) the donor understands the purpose of the instrument and the scope of the authority conferred under it, \n\t\tii) no fraud or undue pressure is being used to induce the donor to create a lasting power of attorney, and \n\t\tiii) there is nothing else which would prevent a lasting power of attorney from being created by the instrument. \n2) Regulations may— \n\ta) prescribe a maximum number of named persons; \n\tb) provide that, where the instrument includes a statement under sub-paragraph (1)(c)(ii), two persons of a prescribed description must each give a certificate under sub-paragraph (1)(e). \n3) The persons who may be named persons do not include a person who is appointed as donee under the instrument. \n4) In this Schedule,  “named person” means a person named under sub-paragraph (1)(c). \n5) A certificate under sub-paragraph (1)(e)— \n\ta) must be made in the prescribed form, and \n\tb) must include any prescribed information. \n6) The certificate may not be given by a person appointed as donee under the instrument. *Failure to comply with prescribed form*\n\n3) \n1) If an instrument differs in an immaterial respect in form or mode of expression from the prescribed form, it is to be treated by the Public Guardian as sufficient in point of form and expression. \n2) The court may declare that an instrument which is not in the prescribed form is to be treated as if it were, if it is satisfied that the persons executing the instrument intended it to create a lasting power of attorney. ## Part 2\n## Registration\n\n*Applications and procedure for registration*\n\n4) \n1) An application to the Public Guardian for the registration of an instrument intended to create a lasting power of attorney— \n\ta) must be made in the prescribed form, and \n\tb) must include any prescribed information. \n2) The application may be made— \n\ta) by the donor, \n\tb) by the donee or donees, or \n\tc) if the instrument appoints two or more donees to act jointly and severally in respect of any matter, by any of the donees. \n3) The application must be accompanied by— \n\ta) the instrument, and \n\tb) any fee provided for under section 58(4)(b). \n4) A person who, in an application for registration, makes a statement which he knows to be false in a material particular is guilty of an offence and is liable— \n\ta) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine not exceeding the statutory maximum or both; \n\tb) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both. \n5) Subject to paragraphs 11 to 14, the Public Guardian must register the instrument as a lasting power of attorney at the end of the prescribed period. *Notification requirements*\n\n6) \n1) A donor about to make an application under paragraph 4(2)(a) must notify any named persons that he is about to do so. \n2) The donee (or donees) about to make an application under paragraph 4(2)(b) or (c) must notify any named persons that he is (or they are) about to do so. \n7) As soon as is practicable after receiving an application by the donor under paragraph 4(2)(a), the Public Guardian must notify the donee (or donees) that the application has been received. \n8) \n1) As soon as is practicable after receiving an application by a donee (or donees) under paragraph 4(2)(b), the Public Guardian must notify the donor that the application has been received. \n2) As soon as is practicable after receiving an application by a donee under paragraph 4(2)(c), the Public Guardian must notify— \n\ta) the donor, and \n\tb) the donee or donees who did not join in making the application, that the application has been received. \n9) \n1) A notice under paragraph 6 must be made in the prescribed form. \n2) A notice under paragraph 6, 7 or 8 must include such information, if any, as may be prescribed. *Power to dispense with notification requirements*\n\n10) The court may— \n\ta) on the application of the donor, dispense with the requirement to notify under paragraph 6(1), or \n\tb) on the application of the donee or donees concerned, dispense with the requirement to notify under paragraph 6(2), if satisfied that no useful purpose would be served by giving the notice. *Instrument not made properly or containing ineffective provision*\n\n11) \n1) If it appears to the Public Guardian that an instrument accompanying an application under paragraph 4 is not made in accordance with this Schedule, he must not register the instrument unless the court directs him to do so. \n2) Sub-paragraph (3) applies if it appears to the Public Guardian that the instrument contains a provision which— \n\ta) would be ineffective as part of a lasting power of attorney, or \n\tb) would prevent the instrument from operating as a valid lasting power of attorney. \n3) The Public Guardian— \n\ta) must apply to the court for it to determine the matter under section 23(1), and \n\tb) pending the determination by the court, must not register the instrument. \n4) Sub-paragraph (5) applies if the court determines under section 23(1) (whether or not on an application by the Public Guardian) that the instrument contains a provision which— \n\ta) would be ineffective as part of a lasting power of attorney, or \n\tb) would prevent the instrument from operating as a valid lasting power of attorney. \n5) The court must— \n\ta) notify the Public Guardian that it has severed the provision, or \n\tb) direct him not to register the instrument. \n6) Where the court notifies the Public Guardian that it has severed a provision, he must register the instrument with a note to that effect attached to it. *Deputy already appointed*\n\n12) \n1) Sub-paragraph (2) applies if it appears to the Public Guardian that— \n\ta) there is a deputy appointed by the court for the donor, and \n\tb) the powers conferred on the deputy would, if the instrument were registered, to any extent conflict with the powers conferred on the attorney. \n2) The Public Guardian must not register the instrument unless the court directs him to do so. *Objection by donee or named person*\n\n13) \n1) Sub-paragraph (2) applies if a donee or a named person— \n\ta) receives a notice under paragraph 6, 7 or 8 of an application for the registration of an instrument, and \n\tb) before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration on the ground that an event mentioned in section 13(3) or (6)(a) to (d) has occurred which has revoked the instrument. \n2) If the Public Guardian is satisfied that the ground for making the objection is established, he must not register the instrument unless the court, on the application of the person applying for the registration— \n\ta) is satisfied that the ground is not established, and \n\tb) directs the Public Guardian to register the instrument. \n3) Sub-paragraph (4) applies if a donee or a named person— \n\ta) receives a notice under paragraph 6, 7 or 8 of an application for the registration of an instrument, and \n\tb) before the end of the prescribed period— \n\t\ti) makes an application to the court objecting to the registration on a prescribed ground, and \n\t\tii) notifies the Public Guardian of the application. \n4) The Public Guardian must not register the instrument unless the court directs him to do so. *Objection by donor*\n\n14) \n1) This paragraph applies if the donor— \n\ta) receives a notice under paragraph 8 of an application for the registration of an instrument, and \n\tb) before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration. \n2) The Public Guardian must not register the instrument unless the court, on the application of the donee or, if more than one, any of them— \n\ta) is satisfied that the donor lacks capacity to object to the registration, and \n\tb) directs the Public Guardian to register the instrument. *Notification of registration*\n\n15) Where an instrument is registered under this Schedule, the Public Guardian must give notice of the fact in the prescribed form to— \n\ta) the donor, and \n\tb) the donee or, if more than one, each of them. *Evidence of registration*\n\n16) \n1) A document purporting to be an office copy of an instrument registered under this Schedule is, in any part of the United Kingdom, evidence of— \n\ta) the contents of the instrument, and \n\tb) the fact that it has been registered. \n2) Sub-paragraph (1) is without prejudice to— \n\ta) section 3 of the Powers of Attorney Act 1971 (c. 27) (proof by certified copy), and \n\tb) any other method of proof authorised by law. ## Part 3\n## Cancellation of registration and notification of severance\n\n\n17) \n1) The Public Guardian must cancel the registration of an instrument as a lasting power of attorney on being satisfied that the power has been revoked— \n\ta) as a result of the donor's bankruptcy or a debt relief order (under Part 7A of the Insolvency Act 1986) having been made in respect of the donor , or \n\tb) on the occurrence of an event mentioned in section 13(6)(a) to (d). \n2) If the Public Guardian cancels the registration of an instrument he must notify— \n\ta) the donor, and \n\tb) the donee or, if more than one, each of them. \n18) The court must direct the Public Guardian to cancel the registration of an instrument as a lasting power of attorney if it— \n\ta) determines under section 22(2)(a) that a requirement for creating the power was not met, \n\tb) determines under section 22(2)(b) that the power has been revoked or has otherwise come to an end, or \n\tc) revokes the power under section 22(4)(b) (fraud etc.). \n19) \n1) Sub-paragraph (2) applies if the court determines under section 23(1) that a lasting power of attorney contains a provision which— \n\ta) is ineffective as part of a lasting power of attorney, or \n\tb) prevents the instrument from operating as a valid lasting power of attorney. \n2) The court must— \n\ta) notify the Public Guardian that it has severed the provision, or \n\tb) direct him to cancel the registration of the instrument as a lasting power of attorney. \n20) On the cancellation of the registration of an instrument, the instrument and any office copies of it must be delivered up to the Public Guardian to be cancelled. ## Part 4\n## Records of alterations in registered powers\n\n*Partial revocation or suspension of power as a result of bankruptcy*\n\n21) If in the case of a registered instrument it appears to the Public Guardian that under section 13 a lasting power of attorney is revoked, or suspended, in relation to the donor's property and affairs (but not in relation to other matters), the Public Guardian must attach to the instrument a note to that effect. *Termination of appointment of donee which does not revoke power*\n\n22) If in the case of a registered instrument it appears to the Public Guardian that an event has occurred— \n\ta) which has terminated the appointment of the donee, but \n\tb) which has not revoked the instrument, the Public Guardian must attach to the instrument a note to that effect. *Replacement of donee*\n\n23) If in the case of a registered instrument it appears to the Public Guardian that the donee has been replaced under the terms of the instrument the Public Guardian must attach to the instrument a note to that effect. *Severance of ineffective provisions*\n\n24) If in the case of a registered instrument the court notifies the Public Guardian under paragraph 19(2)(a) that it has severed a provision of the instrument, the Public Guardian must attach to it a note to that effect. *Notification of alterations*\n\n25) If the Public Guardian attaches a note to an instrument under paragraph 21, 22, 23 or 24 he must give notice of the note to the donee or donees of the power (or, as the case may be, to the other donee or donees of the power). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/schedule/1",
    "legislation_id": "ukpga/2005/9",
    "title": "Lasting powers of attorney: formalities",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.996040Z",
    "text": "Section 18) **Section 16 powers: property and affairs**\n\n1) The powers under section 16 as respects P's property and affairs extend in particular to— \n\ta) the control and management of P's property; \n\tb) the sale, exchange, charging, gift or other disposition of P's property; \n\tc) the acquisition of property in P's name or on P's behalf; \n\td) the carrying on, on P's behalf, of any profession, trade or business; \n\te) the taking of a decision which will have the effect of dissolving a partnership of which P is a member; \n\tf) the carrying out of any contract entered into by P; \n\tg) the discharge of P's debts and of any of P's obligations, whether legally enforceable or not; \n\th) the settlement of any of P's property, whether for P's benefit or for the benefit of others; \n\ti) the execution for P of a will; \n\tj) the exercise of any power (including a power to consent) vested in P whether beneficially or as trustee or otherwise; \n\tk) the conduct of legal proceedings in P's name or on P's behalf. \n2) No will may be made under subsection (1)(i) at a time when P has not reached 18. \n3) The powers under section 16 as respects any other matter relating to P's property and affairs may be exercised even though P has not reached 16, if the court considers it likely that P will still lack capacity to make decisions in respect of that matter when he reaches 18. \n4) Schedule 2 supplements the provisions of this section. \n5) Section 16(7) (variation and discharge of court orders) is subject to paragraph 6 of Schedule 2. \n6) Subsection (1) is subject to section 20 (restrictions on deputies). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/18",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/18",
    "legislation_id": "ukpga/2005/9",
    "title": "Section 16 powers: property and affairs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.127674Z",
    "text": "Section 62) **Scope of the Act**\nFor the avoidance of doubt, it is hereby declared that nothing in this Act is to be taken to affect the law relating to murder or manslaughter or the operation of section 2 of the Suicide Act 1961 (c. 60) (assisting suicide). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/62",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/62",
    "legislation_id": "ukpga/2005/9",
    "title": "Scope of the Act",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 62,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.116292Z",
    "text": "Section 57) **The Public Guardian**\n\n1) For the purposes of this Act, there is to be an officer, to be known as the Public Guardian. \n2) The Public Guardian is to be appointed by the Lord Chancellor. \n3) There is to be paid to the Public Guardian out of money provided by Parliament such salary as the Lord Chancellor may determine. \n4) The Lord Chancellor may, after consulting the Public Guardian— \n\ta) provide him with such officers and staff, or \n\tb) enter into such contracts with other persons for the provision (by them or their sub-contractors) of officers, staff or services, as the Lord Chancellor thinks necessary for the proper discharge of the Public Guardian's functions. \n5) Any functions of the Public Guardian may, to the extent authorised by him, be performed by any of his officers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/57",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/57",
    "legislation_id": "ukpga/2005/9",
    "title": "The Public Guardian",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 57,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.007287Z",
    "text": "Section 21A) **Powers of court in relation to Schedule A1**\n\n1) This section applies if either of the following has been given under Schedule A1— \n\ta) a standard authorisation; \n\tb) an urgent authorisation. \n2) Where a standard authorisation has been given, the court may determine any question relating to any of the following matters— \n\ta) whether the relevant person meets one or more of the qualifying requirements; \n\tb) the period during which the standard authorisation is to be in force; \n\tc) the purpose for which the standard authorisation is given; \n\td) the conditions subject to which the standard authorisation is given. \n3) If the court determines any question under subsection (2), the court may make an order— \n\ta) varying or terminating the standard authorisation, or \n\tb) directing the supervisory body to vary or terminate the standard authorisation. \n4) Where an urgent authorisation has been given, the court may determine any question relating to any of the following matters— \n\ta) whether the urgent authorisation should have been given; \n\tb) the period during which the urgent authorisation is to be in force; \n\tc) the purpose for which the urgent authorisation is given. \n5) Where the court determines any question under subsection (4), the court may make an order— \n\ta) varying or terminating the urgent authorisation, or \n\tb) directing the managing authority of the relevant hospital or care home to vary or terminate the urgent authorisation. \n6) Where the court makes an order under subsection (3) or (5), the court may make an order about a person's liability for any act done in connection with the standard or urgent authorisation before its variation or termination. \n7) An order under subsection (6) may, in particular, exclude a person from liability. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/21A",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/21A",
    "legislation_id": "ukpga/2005/9",
    "title": "Powers of court in relation to Schedule A1",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.112674Z",
    "text": "Section 55) **Costs**\n\n1) Subject to Court of Protection Rules, the costs of and incidental to all proceedings in the court are in its discretion. \n2) The rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives. \n3) The court has full power to determine by whom and to what extent the costs are to be paid. \n4) The court may, in any proceedings— \n\ta) disallow, or \n\tb) order the legal or other representatives concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with the rules. \n5) “Legal or other representative”, in relation to a party to proceedings, means any person exercising a right of audience or right to conduct litigation on his behalf. \n6) “Wasted costs” means any costs incurred by a party— \n\ta) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or \n\tb) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/55",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/55",
    "legislation_id": "ukpga/2005/9",
    "title": "Costs",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 55,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.998558Z",
    "text": "Section 19) **Appointment of deputies**\n\n1) A deputy appointed by the court must be— \n\ta) an individual who has reached 18, or \n\tb) as respects powers in relation to property and affairs, an individual who has reached 18 or a trust corporation. \n2) The court may appoint an individual by appointing the holder for the time being of a specified office or position. \n3) A person may not be appointed as a deputy without his consent. \n4) The court may appoint two or more deputies to act— \n\ta) jointly, \n\tb) jointly and severally, or \n\tc) jointly in respect of some matters and jointly and severally in respect of others. \n5) When appointing a deputy or deputies, the court may at the same time appoint one or more other persons to succeed the existing deputy or those deputies— \n\ta) in such circumstances, or on the happening of such events, as may be specified by the court; \n\tb) for such period as may be so specified. \n6) A deputy is to be treated as P's agent in relation to anything done or decided by him within the scope of his appointment and in accordance with this Part. \n7) The deputy is entitled— \n\ta) to be reimbursed out of P's property for his reasonable expenses in discharging his functions, and \n\tb) if the court so directs when appointing him, to remuneration out of P's property for discharging them. \n8) The court may confer on a deputy powers to— \n\ta) take possession or control of all or any specified part of P's property; \n\tb) exercise all or any specified powers in respect of it, including such powers of investment as the court may determine. \n9) The court may require a deputy— \n\ta) to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions, and \n\tb) to submit to the Public Guardian such reports at such times or at such intervals as the court may direct. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/19",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/19",
    "legislation_id": "ukpga/2005/9",
    "title": "Appointment of deputies",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.136722Z",
    "text": "Section 67) **Minor and consequential amendments and repeals**\n\n1) Schedule 6 contains minor and consequential amendments. \n2) Schedule 7 contains repeals. \n3) The Lord Chancellor may by order make supplementary, incidental, consequential, transitional or saving provision for the purposes of, in consequence of, or for giving full effect to a provision of this Act. \n4) An order under subsection (3) may, in particular— \n\ta) provide for a provision of this Act which comes into force before another provision of this Act has come into force to have effect, until the other provision has come into force, with specified modifications; \n\tb) amend, repeal or revoke an enactment, other than one contained in an Act or Measure passed in a Session after the one in which this Act is passed. \n5) The amendments that may be made under subsection (4)(b) are in addition to those made by or under any other provision of this Act. \n6) An order under subsection (3) which amends or repeals a provision of an Act or Measure may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/67",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/67",
    "legislation_id": "ukpga/2005/9",
    "title": "Minor and consequential amendments and repeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 67,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.028263Z",
    "text": "Section 29) **Voting rights**\n\n1) Nothing in this Act permits a decision on voting at an election for any public office, or at a referendum, to be made on behalf of a person. \n2) “Referendum” has the same meaning as in section 101 of the Political Parties, Elections and Referendums Act 2000 (c. 41). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/29",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/29",
    "legislation_id": "ukpga/2005/9",
    "title": "Voting rights",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 29,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.969101Z",
    "text": "Section 8) **Expenditure**\n\n1) If an act to which section 5 applies involves expenditure, it is lawful for D— \n\ta) to pledge P's credit for the purpose of the expenditure, and \n\tb) to apply money in P's possession for meeting the expenditure. \n2) If the expenditure is borne for P by D, it is lawful for D— \n\ta) to reimburse himself out of money in P's possession, or \n\tb) to be otherwise indemnified by P. \n3) Subsections (1) and (2) do not affect any power under which (apart from those subsections) a person— \n\ta) has lawful control of P's money or other property, and \n\tb) has power to spend money for P's benefit. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/8",
    "legislation_id": "ukpga/2005/9",
    "title": "Expenditure",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.080610Z",
    "text": "Section 40) **Exceptions**\n\n1) The duty imposed by section 37(3), 38(3) or (4) , 39(4) or (5), 39A(3), 39C(3) or 39D(2) does not apply where there is— \n\ta) a person nominated by P (in whatever manner) as a person to be consulted on matters to which that duty relates, \n\tb) a donee of a lasting power of attorney created by P who is authorised to make decisions in relation to those matters, or \n\tc) a deputy appointed by the court for P with power to make decisions in relation to those matters. \n2) A person appointed under Part 10 of Schedule A1 to be P's representative is not, by virtue of that appointment, a person nominated by P as a person to be consulted in matters to which a duty mentioned in subsection (1) relates. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/40",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/40",
    "legislation_id": "ukpga/2005/9",
    "title": "Exceptions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 40,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.097508Z",
    "text": "Section 47) **General powers and effect of orders etc.**\n\n1) The court has in connection with its jurisdiction the same powers, rights, privileges and authority as the High Court. \n2) Section 204 of the Law of Property Act 1925 (c. 20)\n\t\t\t\t\t(orders\nof High Court conclusive in favour of purchasers) applies in relation to orders and directions of the court as it applies to orders of the High Court. \n3) Office copies of orders made, directions given or other instruments issued by the court and sealed with its official seal are admissible in all legal proceedings as evidence\nof the originals without any further proof. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/47",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/47",
    "legislation_id": "ukpga/2005/9",
    "title": "General powers and effect of orders etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 47,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.978188Z",
    "text": "Section 12) **Scope of lasting powers of attorney: gifts**\n\n1) Where a lasting power of attorney confers authority to make decisions about P's property and affairs, it does not authorise a donee (or, if more than one, any of them) to dispose of the donor's property by making gifts except to the extent permitted by subsection (2). \n2) The donee may make gifts— \n\ta) on customary occasions to persons (including himself) who are related to or connected with the donor, or \n\tb) to any charity to whom the donor made or might have been expected to make gifts, if the value of each such gift is not unreasonable having regard to all the circumstances and, in particular, the size of the donor's estate. \n3) “Customary occasion” means— \n\ta) the occasion or anniversary of a birth, a marriage or the formation of a civil partnership, or \n\tb) any other occasion on which presents are customarily given within families or among friends or associates. \n4) Subsection (2) is subject to any conditions or restrictions in the instrument. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/12",
    "legislation_id": "ukpga/2005/9",
    "title": "Scope of lasting powers of attorney: gifts",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.110962Z",
    "text": "Section 54) **Fees**\n\n1) The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by the court. \n2) An order under this section may in particular contain provision as to— \n\ta) scales or rates of fees; \n\tb) exemptions from and reductions in fees; \n\tc) remission of fees in whole or in part. \n3) Before making an order under this section, the Lord Chancellor must consult— \n\ta) the President of the Court of Protection, \n\tb) the Vice-President of the Court of Protection, and \n\tc) the Senior Judge of the Court of Protection. \n4) The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them. \n5) Fees payable under this section are recoverable summarily as a civil debt. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/54",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/54",
    "legislation_id": "ukpga/2005/9",
    "title": "Fees",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 54,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:54.994671Z",
    "text": "Section 17) **Section 16 powers: personal welfare**\n\n1) The powers under section 16 as respects P's personal welfare extend in particular to— \n\ta) deciding where P is to live; \n\tb) deciding what contact, if any, P is to have with any specified persons; \n\tc) making an order prohibiting a named person from having contact with P; \n\td) giving or refusing consent to the carrying out or continuation of a treatment by a person providing health care for P; \n\te) giving a direction that a person responsible for P's health care allow a different person to take over that responsibility. \n2) Subsection (1) is subject to section 20 (restrictions on deputies). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/17",
    "legislation_id": "ukpga/2005/9",
    "title": "Section 16 powers: personal welfare",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.069842Z",
    "text": "Section 39B) **Section 39A: supplementary provision**\n\n1) This section applies for the purposes of section 39A. \n2) P becomes subject to Schedule A1 in any of the following cases. \n3) The first case is where an urgent authorisation is given in relation to P under paragraph 76(2) of Schedule A1 (urgent authorisation given before request made for standard authorisation). \n4) The second case is where the following conditions are met. \n5) The first condition is that a request is made under Schedule A1 for a standard authorisation to be given in relation to P (“the requested authorisation”). \n6) The second condition is that no urgent authorisation was given under paragraph 76(2) of Schedule A1 before that request was made. \n7) The third condition is that the requested authorisation will not be in force on or before, or immediately after, the expiry of an existing standard authorisation. \n8) The expiry of a standard authorisation is the date when the authorisation is expected to cease to be in force. \n9) The third case is where, under paragraph 69 of Schedule A1, the supervisory body select a person to carry out an assessment of whether or not the relevant person is a detained resident. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/39B",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/39B",
    "legislation_id": "ukpga/2005/9",
    "title": "Section 39A: supplementary provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.124395Z",
    "text": "Section 60) **Annual report**\n\n1) The Public Guardian must make an annual report to the Lord Chancellor about the discharge of his functions. \n2) The Lord Chancellor must, within one month of receiving the report, lay a copy of it before Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/60",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/60",
    "legislation_id": "ukpga/2005/9",
    "title": "Annual report",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 60,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.114911Z",
    "text": "Section 56) **Fees and costs: supplementary**\n\n1) Court of Protection Rules may make provision— \n\ta) as to the way in which, and funds from which, fees and costs are to be paid; \n\tb) for charging fees and costs upon the estate of the person to whom the proceedings relate; \n\tc) for the payment of fees and costs within a specified time of the death of the person to whom the proceedings relate or the conclusion of the proceedings. \n2) A charge on the estate of a person created by virtue of subsection (1)(b) does not cause any interest of the person in any property to fail or determine or to be prevented from recommencing. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/56",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/56",
    "legislation_id": "ukpga/2005/9",
    "title": "Fees and costs: supplementary",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 56,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.108737Z",
    "text": "Section 53) **Rights of appeal**\n\n1) Subject to the provisions of this section, an appeal lies to the Court of Appeal from any decision of the court. \n2) Court of Protection Rules may provide that, where a decision of the court is made by a specified description of person, an appeal from the decision lies to a specified description of judge of the court and not to the Court of Appeal. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Court of Protection Rules may make provision— \n\ta) that, in such cases as may be specified, an appeal from a decision of the court may not be made without permission; \n\tb) as to the person or persons entitled to grant permission to appeal; \n\tc) as to any requirements to be satisfied before permission is granted; \n\td) that where a  ... judge of the court makes a decision on an appeal, no appeal may be made to the Court of Appeal from that decision unless the Court of Appeal considers that— \n\t\ti) the appeal would raise an important point of principle or practice, or \n\t\tii) there is some other compelling reason for the Court of Appeal to hear it; \n\te) as to any considerations to be taken into account in relation to granting or refusing permission to appeal. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/53",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/53",
    "legislation_id": "ukpga/2005/9",
    "title": "Rights of appeal",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 53,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.124324Z",
    "text": "Section 59) **Public Guardian Board**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/59",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/59",
    "legislation_id": "ukpga/2005/9",
    "title": "Public Guardian Board",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 59,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.087694Z",
    "text": "Section 43) **Codes of practice: procedure**\n\n1) Before preparing or revising a code, the Lord Chancellor must consult— \n\ta) the National Assembly for Wales, and \n\tb) such other persons as he considers appropriate. \n2) The Lord Chancellor may not issue a code unless— \n\ta) a draft of the code has been laid by him before both Houses of Parliament, and \n\tb) the 40 day period has elapsed without either House resolving not to approve the draft. \n3) The Lord Chancellor must arrange for any code that he has issued to be published in such a way as he considers appropriate for bringing it to the attention of persons likely to be concerned with its provisions. \n4) “40 day period”, in relation to the draft of a proposed code, means— \n\ta) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days; \n\tb) in any other case, the period of 40 days beginning with the day on which it is laid before each House. \n5) In calculating the period of 40 days, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/43",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/43",
    "legislation_id": "ukpga/2005/9",
    "title": "Codes of practice: procedure",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 43,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-06-10T00:45:55.079563Z",
    "text": "Section 39E) **Limitation on duty to instruct advocate under section 39D**\n\n1) This section applies if an advocate is already representing P in accordance with an instruction under section 39D. \n2) Section 39D(2) does not require another advocate to be instructed, unless the following conditions are met. \n3) The first condition is that the existing advocate was instructed— \n\ta) because of a request by R, or \n\tb) because the supervisory body had reason to believe one or more of the things in section 39D(5). \n4) The second condition is that the other advocate would be instructed because of a request by P. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2005/9/section/39E",
    "uri": "http://www.legislation.gov.uk/ukpga/2005/9/section/39E",
    "legislation_id": "ukpga/2005/9",
    "title": "Limitation on duty to instruct advocate under section 39D",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2005,
    "legislation_number": 9,
    "act_name": "Mental Capacity Act 2005"
  },
  {
    "created_at": "2025-10-20T01:16:51.951162Z",
    "text": "Section 22) **Short title, commencement, application and extent.**\n\n1) This Act may be cited as the Human Rights Act 1998. \n2) Sections 18, 20 and 21(5) and this section come into force on the passing of this Act. \n3) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes. \n4) Paragraph (b) of subsection (1) of section 7 applies to proceedings brought by or at the instigation of a public authority whenever the act in question took place; but otherwise that subsection does not apply to an act taking place before the coming into force of that section. \n4A) Section 7A (limitation: overseas armed forces proceedings) applies to proceedings brought under section 7(1)(a) on or after the date on which section 7A comes into force, whenever the act in question took place. \n5) This Act binds the Crown. \n6) This Act extends to Northern Ireland. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/22",
    "legislation_id": "ukpga/1998/42",
    "title": "Short title, commencement, application and extent.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.883608Z",
    "text": "Section 1) **The Convention Rights.**\n\n1) In this Act “the Convention rights” means the rights and fundamental freedoms set out in— \n\ta) Articles 2 to 12 and 14 of the Convention, \n\tb) Articles 1 to 3 of the First Protocol, and \n\tc) Article 1 of the Thirteenth Protocol , as read with Articles 16 to 18 of the Convention. \n2) Those Articles are to have effect for the purposes of this Act subject to any designated derogation or reservation (as to which see sections 14 and 15). \n3) The Articles are set out in Schedule 1. \n4) The Secretary of State may by order make such amendments to this Act as he considers appropriate to reflect the effect, in relation to the United Kingdom, of a protocol. \n5) In subsection (4) “protocol” means a protocol to the Convention— \n\ta) which the United Kingdom has ratified; or \n\tb) which the United Kingdom has signed with a view to ratification. \n6) No amendment may be made by an order under subsection (4) so as to come into force before the protocol concerned is in force in relation to the United Kingdom. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/1",
    "legislation_id": "ukpga/1998/42",
    "title": "The Convention Rights.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.919391Z",
    "text": "Section 11) **Safeguard for existing human rights.**\nA person’s reliance on a Convention right does not restrict— \n\ta) any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom; or \n\tb) his right to make any claim or bring any proceedings which he could make or bring apart from sections 7 to 9. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/11",
    "legislation_id": "ukpga/1998/42",
    "title": "Safeguard for existing human rights.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.943012Z",
    "text": "Section 21) **Interpretation, etc.**\n\n1) In this Act— \n\t- “amend” includes repeal and apply (with or without modifications);\n\t- “the appropriate Minister” means the Minister of the Crown having charge of the appropriate authorised government department (within the meaning of the  Crown Proceedings Act 1947);\n\t- “the Commission” means the European Commission of Human Rights;\n\t- “the Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;\n\t- “declaration of incompatibility” means a declaration under section 4;\n\t- “Minister of the Crown” has the same meaning as in the Ministers of the  Crown Act 1975;\n\t- “Northern Ireland Minister” includes the First Minister and the deputy First Minister in Northern Ireland;\n\t- “primary legislation” means any— public general Act;local and personal Act;private Act;Measure of the Church Assembly;Measure of the General Synod of the Church of England;Order in Council—made in exercise of Her Majesty’s Royal Prerogative;made under section 38(1)(a) of the Northern Ireland Constitution Act 1973 or the corresponding provision of the Northern Ireland Act 1998; oramending an Act of a kind mentioned in paragraph (a), (b) or (c); and includes an order or other instrument made under primary legislation (otherwise than by the Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government, a member of the Scottish Executive, a Northern Ireland Minister or a Northern Ireland department) to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation;\n\t- “the First Protocol” means the protocol to the Convention agreed at Paris on 20th March 1952;\n\t- . . .\n\t- “the Eleventh Protocol” means the protocol to the Convention (restructuring the control machinery established by the Convention) agreed at Strasbourg on 11th May 1994;\n\t- “the Thirteenth Protocol” means the protocol to the Convention (concerning the abolition of the death penalty in all circumstances) agreed at Vilnius on 3rd May 2002;\n\t- “remedial order” means an order under section 10;\n\t- “subordinate legislation” means any— Order in Council other than one—made in exercise of Her Majesty’s Royal Prerogative;made under section 38(1)(a) of the Northern Ireland Constitution Act 1973 or the corresponding provision of the Northern Ireland Act 1998; oramending an Act of a kind mentioned in the definition of primary legislation;Act of the Scottish Parliament;Measure of the National Assembly for Wales;Act of the National Assembly for Wales;Act of the Parliament of Northern Ireland;Measure of the Assembly established under section 1 of the Northern Ireland Assembly Act 1973;Act of the Northern Ireland Assembly;order, rules, regulations, scheme, warrant, byelaw or other instrument made under primary legislation (except to the extent to which it operates to bring one or more provisions of that legislation into force or amends any primary legislation);order, rules, regulations, scheme, warrant, byelaw or other instrument made under legislation mentioned in paragraph (b), (c), (d) or (e) or made under an Order in Council applying only to Northern Ireland;order, rules, regulations, scheme, warrant, byelaw or other instrument made by a member of the Scottish Executive  , Welsh Ministers, the First Minister for Wales, the Counsel General to the Welsh Assembly Government, a Northern Ireland Minister or a Northern Ireland department in exercise of prerogative or other executive functions of Her Majesty which are exercisable by such a person on behalf of Her Majesty;\n\t- “transferred matters” has the same meaning as in the Northern Ireland Act 1998; and\n\t- “tribunal” means any tribunal in which legal proceedings may be brought.\n2) The references in paragraphs (b) and (c) of section 2(1) to Articles are to Articles of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol. \n3) The reference in paragraph (d) of section 2(1) to Article 46 includes a reference to Articles 32 and 54 of the Convention as they had effect immediately before the coming into force of the Eleventh Protocol. \n4) The references in section 2(1) to a report or decision of the Commission or a decision of the Committee of Ministers include references to a report or decision made as provided by paragraphs 3, 4 and 6 of Article 5 of the Eleventh Protocol (transitional provisions). \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/21",
    "legislation_id": "ukpga/1998/42",
    "title": "Interpretation, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.897549Z",
    "text": "Section 7) **Proceedings.**\n\n1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may— \n\ta) bring proceedings against the authority under this Act in the appropriate court or tribunal, or \n\tb) rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act. \n2) In subsection (1)(a) “appropriate court or tribunal” means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding. \n3) If the proceedings are brought on an application for judicial review, the applicant is to be taken to have a sufficient interest in relation to the unlawful act only if he is, or would be, a victim of that act. \n4) If the proceedings are made by way of a petition for judicial review in Scotland, the applicant shall be taken to have title and interest to sue in relation to the unlawful act only if he is, or would be, a victim of that act. \n5) Proceedings under subsection (1)(a) must be brought before the end of— \n\ta) the period of one year beginning with the date on which the act complained of took place; or \n\tb) such longer period as the court or tribunal considers equitable having regard to all the circumstances, but that is subject to any rule imposing a stricter time limit in relation to the procedure in question. \n6) In subsection (1)(b) “legal proceedings” includes— \n\ta) proceedings brought by or at the instigation of a public authority; and \n\tb) an appeal against the decision of a court or tribunal. \n7) For the purposes of this section, a person is a victim of an unlawful act only if he would be a victim for the purposes of Article 34 of the Convention if proceedings were brought in the European Court of Human Rights in respect of that act. \n8) Nothing in this Act creates a criminal offence. \n9) In this section “rules” means— \n\ta) in relation to proceedings before a court or tribunal outside Scotland, rules made by  . . . the Lord Chancellor or the Secretary of State for the purposes of this section or rules of court, \n\tb) in relation to proceedings before a court or tribunal in Scotland, rules made by the Secretary of State for those purposes, \n\tc) in relation to proceedings before a tribunal in Northern Ireland— \n\t\ti) which deals with transferred matters; and \n\t\tii) for which no rules made under paragraph (a) are in force, rules made by a Northern Ireland department for those purposes, and includes provision made by order under section 1 of the  Courts and Legal Services Act 1990. \n10) In making rules, regard must be had to section 9. \n11) The Minister who has power to make rules in relation to a particular tribunal may, to the extent he considers it necessary to ensure that the tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section 6(1), by order add to— \n\ta) the relief or remedies which the tribunal may grant; or \n\tb) the grounds on which it may grant any of them. \n12) An order made under subsection (11) may contain such incidental, supplemental, consequential or transitional provision as the Minister making it considers appropriate. \n13) “The Minister” includes the Northern Ireland department concerned. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/7",
    "legislation_id": "ukpga/1998/42",
    "title": "Proceedings.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.931483Z",
    "text": "Section 18) **Appointment to European Court of Human Rights.**\n\n1) In this section “judicial office” means the office of— \n\ta) Lord Justice of Appeal, Justice of the High Court or Circuit judge, in England and Wales; \n\tb) judge of the Court of Session or sheriff, in Scotland; \n\tc) Lord Justice of Appeal, judge of the High Court or county court judge, in Northern Ireland. \n2) The holder of a judicial office may become a judge of the European Court of Human Rights (“the Court”) without being required to relinquish his office. \n3) But he is not required to perform the duties of his judicial office while he is a judge of the Court. \n4) In respect of any period during which he is a judge of the Court— \n\ta) a Lord Justice of Appeal or Justice of the High Court is not to count as a judge of the relevant court for the purposes of section 2(1) or 4(1) of the Senior Courts Act 1981 (maximum number of judges) nor as a judge of the Senior Courts for the purposes of section 12(1) to (6) of that Act (salaries etc. ); \n\tb) a judge of the Court of Session is not to count as a judge of that court for the purposes of section 1(1) of the  Court of Session Act 1988 (maximum number of judges) or of section 9(1)(c) of the  Administration of Justice Act 1973 (“the 1973 Act”)\n\t\t\t\t\t\t\t(salaries etc.); \n\tc) a Lord Justice of Appeal or judge of the High Court in Northern Ireland is not to count as a judge of the relevant court for the purposes of section 2(1) or 3(1) of the  Judicature (Northern Ireland) Act 1978 (maximum number of judges) nor as a judge of the Court of Judicature of Northern Ireland for the purposes of section 9(1)(d) of the 1973 Act (salaries etc.); \n\td) a Circuit judge is not to count as such for the purposes of section 18 of the  Courts Act 1971 (salaries etc.); \n\te) a sheriff is not to count as such for the purposes of section 14 of the  Sheriff Courts (Scotland) Act 1907 (salaries etc.); \n\tf) a county court judge of Northern Ireland is not to count as such for the purposes of section 106 of the  County Courts Act Northern Ireland) 1959 (salaries etc.). \n5) If a sheriff principal is appointed a judge of the Court, section 11(1) of the  Sheriff Courts (Scotland) Act 1971 (temporary appointment of sheriff principal) applies, while he holds that appointment, as if his office is vacant. \n6) Schedule 4 makes provision about judicial pensions in relation to the holder of a judicial office who serves as a judge of the Court. \n7) The Lord Chancellor or the Secretary of State may by order make such transitional provision (including, in particular, provision for a temporary increase in the maximum number of judges) as he considers appropriate in relation to any holder of a judicial office who has completed his service as a judge of the Court. \n7A) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(a)— \n\ta) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of England and Wales; \n\tb) before making the order, that person must consult the Lord Chief Justice of England and Wales. \n7B) The following paragraphs apply to the making of an order under subsection (7) in relation to any holder of a judicial office listed in subsection (1)(c)— \n\ta) before deciding what transitional provision it is appropriate to make, the person making the order must consult the Lord Chief Justice of Northern Ireland; \n\tb) before making the order, that person must consult the Lord Chief Justice of Northern Ireland. \n7C) The Lord Chief Justice of England and Wales may nominate a judicial office holder (within the meaning of section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section. \n7D) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section— \n\ta) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002; \n\tb) a Lord Justice of Appeal (as defined in section 88 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/18",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/18",
    "legislation_id": "ukpga/1998/42",
    "title": "Appointment to European Court of Human Rights.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.909153Z",
    "text": "Section 8) **Judicial remedies.**\n\n1) In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate. \n2) But damages may be awarded only by a court which has power to award damages, or to order the payment of compensation, in civil proceedings. \n3) No award of damages is to be made unless, taking account of all the circumstances of the case, including— \n\ta) any other relief or remedy granted, or order made, in relation to the act in question (by that or any other court), and \n\tb) the consequences of any decision (of that or any other court) in respect of that act, the court is satisfied that the award is necessary to afford just satisfaction to the person in whose favour it is made. \n4) In determining— \n\ta) whether to award damages, or \n\tb) the amount of an award, the court must take into account the principles applied by the European Court of Human Rights in relation to the award of compensation under Article 41 of the Convention. \n5) A public authority against which damages are awarded is to be treated— \n\ta) in Scotland, for the purposes of section 3 of the  Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 as if the award were made in an action of damages in which the authority has been found liable in respect of loss or damage to the person to whom the award is made; \n\tb) for the purposes of the  Civil Liability (Contribution) Act 1978 as liable in respect of damage suffered by the person to whom the award is made. \n6) In this section— \n\t- “court” includes a tribunal;\n\t- “damages” means damages for an unlawful act of a public authority; and\n\t- “unlawful” means unlawful under section 6(1).",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/8",
    "legislation_id": "ukpga/1998/42",
    "title": "Judicial remedies.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.894875Z",
    "text": "Section 6) **Acts of public authorities.**\n\n1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right. \n2) Subsection (1) does not apply to an act if— \n\ta) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or \n\tb) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions. \n3) In this section “public authority” includes— \n\ta) a court or tribunal, and \n\tb) any person certain of whose functions are functions of a public nature, but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private. \n6) “An act” includes a failure to act but does not include a failure to— \n\ta) introduce in, or lay before, Parliament a proposal for legislation; or \n\tb) make any primary legislation or remedial order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/6",
    "legislation_id": "ukpga/1998/42",
    "title": "Acts of public authorities.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.976936Z",
    "text": "SCHEDULE 3 Derogation and Reservation Sections 14 and 15. ## PART I\n## DEROGATION\n\n*United Kingdom’s derogation from Article 5(1)*\nThe United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty’s Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950.  \n\t- The terrorist attacks in New York, Washington, D.C. and Pennsylvania on 11th September 2001 resulted in several thousand deaths, including many British victims and others from 70 different countries. In its resolutions 1368 (2001) and 1373 (2001), the United Nations Security Council recognised the attacks as a threat to international peace and security.\n\t- The threat from international terrorism is a continuing one. In its resolution 1373 (2001), the Security Council, acting under Chapter VII of the United Nations Charter, required all States to take measures to prevent the commission of terrorist attacks, including by denying safe haven to those who finance, plan, support or commit terrorist attacks.\n\t- There exists a terrorist threat to the United Kingdom from persons suspected of involvement in international terrorism. In particular, there are foreign nationals present in the United Kingdom who are suspected of being concerned in the commission, preparation or instigation of acts of international terrorism, of being members of organisations or groups which are so concerned or of having links with members of such organisations or groups, and who are a threat to the national security of the United Kingdom.\n\t- As a result, a public emergency, within the meaning of Article 15(1) of the Convention, exists in the United Kingdom. \n\t- As a result of the public emergency, provision is made in the Anti-terrorism, Crime and Security Act 2001, inter alia, for an extended power to arrest and detain a foreign national which will apply where it is intended to remove or deport the person from the United Kingdom but where removal or deportation is not for the time being possible, with the consequence that the detention would be unlawful under existing domestic law powers. The extended power to arrest and detain will apply where the Secretary of State issues a certificate indicating his belief that the person’s presence in the United Kingdom is a risk to national security and that he suspects the person of being an international terrorist. That certificate will be subject to an appeal to the Special Immigration Appeals Commission (“SIAC”), established under the Special Immigration Appeals Commission Act 1997, which will have power to cancel it if it considers that the certificate should not have been issued. There will be an appeal on a point of law from a ruling by SIAC. In addition, the certificate will be reviewed by SIAC at regular intervals. SIAC will also be able to grant bail, where appropriate, subject to conditions. It will be open to a detainee to end his detention at any time by agreeing to leave the United Kingdom.\n\t- The extended power of arrest and detention in the Anti-terrorism, Crime and Security Act 2001 is a measure which is strictly required by the exigencies of the situation. It is a temporary provision which comes into force for an initial period of 15 months and then expires unless renewed by Parliament. Thereafter, it is subject to annual renewal by Parliament. If, at any time, in the Government’s assessment, the public emergency no longer exists or the extended power is no longer strictly required by the exigencies of the situation, then the Secretary of State will, by Order, repeal the provision.The Government has powers under the Immigration Act 1971 (“the 1971 Act”) to remove or deport persons on the ground that their presence in the United Kingdom is not conducive to the public good on national security grounds. Persons can also be arrested and detained under Schedules 2 and 3 to the 1971 Act pending their removal or deportation. The courts in the United Kingdom have ruled that this power of detention can only be exercised during the period necessary, in all the circumstances of the particular case, to effect removal and that, if it becomes clear that removal is not going to be possible within a reasonable time, detention will be unlawful ( R v Governor of Durham Prison, ex parte Singh [1984] 1A11 ER 983).  \n\t- It is well established that Article 5(1)(f) permits the detention of a person with a view to deportation only in circumstance where  “action is being taken with a view to deportation”\n\n\t\t\t\t\t( Chahal v United Kingdom (1996) 23 EHRR 413 at paragraph 112). In that case the European Court of Human Rights indicated that detention will cease to be permissible under Article 5(1)(f) if deportation proceedings are not prosecuted with due diligence and that it was necessary in such cases to determine whether the duration of the deportation proceedings was excessive (paragraph 113).\n\t- In some cases, where the intention remains to remove or deport a person on national security grounds, continued detention may not be consistent with Article 5(1)(f) as interpreted by the Court in the Chahal case. This may be the case, for example, if the person has established that removal to their own country might result in treatment contrary to Article 3 of the Convention. In such circumstances, irrespective of the gravity of the threat to national security posed by the person concerned, it is well established that Article 3 prevents removal or deportation to a place where there is a real risk that the person will suffer treatment contrary to that article. If no alternative destination is immediately available then removal or deportation may not, for the time being, be possible even though the ultimate intention remains to remove or deport the person once satisfactory arrangements can be made. In addition, it may not be possible to prosecute the person for a criminal offence given the strict rules on the admissibility of evidence in the criminal justice system of the United Kingdom and the high standard of proof required.The Government has considered whether the exercise of the extended power to detain contained in the Anti-terrorism, Crime and Security Act 2001 may be inconsistent with the obligations under Article 5(1) of the Convention. As indicated above, there may be cases where, notwithstanding a continuing intention to remove or deport a person who is being detained, it is not possible to say that \n\n\t\t\t\t“action is being taken with a view to deportation” within the meaning of Article 5(1)(f) as interpreted by the Court in the Chahal case. To the extent, therefore, that the exercise of the extended power may be inconsistent with the United Kingdom’s obligations under Article 5(1), the Government has decided to avail itself of the right of derogation conferred by Article 15(1) of the Convention and will continue to do so until further notice. ## Part II\n## Reservation\n\nAt the time of signing the present (First) Protocol, I declare that, in view of certain provisions of the Education Acts in the United Kingdom, the principle affirmed in the second sentence of Article 2 is accepted by the United Kingdom only so far as it is compatible with the provision of efficient instruction and training, and the avoidance of unreasonable public expenditure. Dated 20 March 1952 Made by the United Kingdom Permanent Representative to the Council of Europe. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/schedule/3",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/schedule/3",
    "legislation_id": "ukpga/1998/42",
    "title": "Derogation and Reservation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.885503Z",
    "text": "Section 2) **Interpretation of Convention rights.**\n\n1) A court or tribunal determining a question which has arisen in connection with a Convention right must take into account any— \n\ta) judgment, decision, declaration or advisory opinion of the European Court of Human Rights, \n\tb) opinion of the Commission given in a report adopted under Article 31 of the Convention, \n\tc) decision of the Commission in connection with Article 26 or 27(2) of the Convention, or \n\td) decision of the Committee of Ministers taken under Article 46 of the Convention, whenever made or given, so far as, in the opinion of the court or tribunal, it is relevant to the proceedings in which that question has arisen. \n2) Evidence of any judgment, decision, declaration or opinion of which account may have to be taken under this section is to be given in proceedings before any court or tribunal in such manner as may be provided by rules. \n3) In this section “rules” means rules of court or, in the case of proceedings before a tribunal, rules made for the purposes of this section— \n\ta) by  . . . the Lord Chancellor or the Secretary of State, in relation to any proceedings outside Scotland; \n\tb) by the Secretary of State, in relation to proceedings in Scotland; or \n\tc) by a Northern Ireland department, in relation to proceedings before a tribunal in Northern Ireland— \n\t\ti) which deals with transferred matters; and \n\t\tii) for which no rules made under paragraph (a) are in force. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/2",
    "legislation_id": "ukpga/1998/42",
    "title": "Interpretation of Convention rights.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.922130Z",
    "text": "Section 13) **Freedom of thought, conscience and religion.**\n\n1) If a court’s determination of any question arising under this Act might affect the exercise by a religious organisation (itself or its members collectively) of the Convention right to freedom of thought, conscience and religion, it must have particular regard to the importance of that right. \n2) In this section “court” includes a tribunal. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/13",
    "legislation_id": "ukpga/1998/42",
    "title": "Freedom of thought, conscience and religion.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.912583Z",
    "text": "Section 9) **Judicial acts.**\n\n1) Proceedings under section 7(1)(a) in respect of a judicial act may be brought only— \n\ta) by exercising a right of appeal; \n\tb) on an application (in Scotland a petition) for judicial review; or \n\tc) in such other forum as may be prescribed by rules. \n2) That does not affect any rule of law which prevents a court from being the subject of judicial review. \n3) In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than— \n\ta) to compensate a person to the extent required by Article 5(5) of the Convention, or \n\tb) to compensate a person for a judicial act that is incompatible with Article 6 of the Convention in circumstances where the person is detained and, but for the incompatibility, the person would not have been detained or would not have been detained for so long. \n4) An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined. \n5) In this section— \n\t- “appropriate person” means the Minister responsible for the court concerned, or a person or government department nominated by him;\n\t- “court” includes a tribunal;\n\t- “judge” includes a member of a tribunal, a justice of the peace (or, in Northern Ireland, a lay magistrate) and a clerk or other officer entitled to exercise the jurisdiction of a court;\n\t- “judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and\n\t- “rules” has the same meaning as in section 7(9).",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/9",
    "legislation_id": "ukpga/1998/42",
    "title": "Judicial acts.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.954772Z",
    "text": "SCHEDULE 1 The Articles Section 1(3). ## PART I\n## The Convention\n## Rights and Freedoms\n\nArticle 2 Right to life \n1) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. \n2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: \n\ta) in defence of any person from unlawful violence; \n\tb) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; \n\tc) in action lawfully taken for the purpose of quelling a riot or insurrection. Article 3 Prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 4 Prohibition of slavery and forced labour \n1) No one shall be held in slavery or servitude. \n2) No one shall be required to perform forced or compulsory labour. \n3) For the purpose of this Article the term “forced or compulsory labour” shall not include: \n\ta) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; \n\tb) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; \n\tc) any service exacted in case of an emergency or calamity threatening the life or well-being of the community; \n\td) any work or service which forms part of normal civic obligations. Article 5 Right to liberty and security \n1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: \n\ta) the lawful detention of a person after conviction by a competent court; \n\tb) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; \n\tc) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; \n\td) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; \n\te) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; \n\tf) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. \n2) Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him. \n3) Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial. \n4) Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful. \n5) Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation. Article 6 Right to a fair trial \n1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. \n2) Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. \n3) Everyone charged with a criminal offence has the following minimum rights: \n\ta) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; \n\tb) to have adequate time and facilities for the preparation of his defence; \n\tc) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; \n\td) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; \n\te) to have the free assistance of an interpreter if he cannot understand or speak the language used in court. Article 7 No punishment without law \n1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. \n2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations. Article 8 Right to respect for private and family life \n1) Everyone has the right to respect for his private and family life, his home and his correspondence. \n2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. Article 9 Freedom of thought, conscience and religion \n1) Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. \n2) Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. Article 10 Freedom of expression \n1) Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. \n2) The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. Article 11 Freedom of assembly and association \n1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. \n2) No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State. Article 12 Right to marry Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right. Article 14 Prohibition of discrimination The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Article 16 Restrictions on political activity of aliens Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens. Article 17 Prohibition of abuse of rights Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention. Article 18 Limitation on use of restrictions on rights The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed. ## Part II\n## The First Protocol\n\nArticle 1 Protection of property Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties. Article 2 Right to education No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions. Article 3 Right to free elections The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. ## PART 3\n## ARTICLE 1 OF THE THIRTEENTH PROTOCOL\n## Abolition of the death penalty\n\nThe death penalty shall be abolished.  No one shall be condemned to such penalty or executed. ## Part III\n## The Sixth Protocol\n\nArticle 1 Abolition of the death penalty The death penalty shall be abolished. No one shall be condemned to such penalty or executed. Article 2 Death penalty in time of war A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/schedule/1",
    "legislation_id": "ukpga/1998/42",
    "title": "The Articles",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.915479Z",
    "text": "Section 10) **Power to take remedial action.**\n\n1) This section applies if— \n\ta) a provision of legislation has been declared under section 4 to be incompatible with a Convention right and, if an appeal lies— \n\t\ti) all persons who may appeal have stated in writing that they do not intend to do so; \n\t\tii) the time for bringing an appeal has expired and no appeal has been brought within that time; or \n\t\tiii) an appeal brought within that time has been determined or abandoned; or \n\tb) it appears to a Minister of the Crown or Her Majesty in Council that, having regard to a finding of the European Court of Human Rights made after the coming into force of this section in proceedings against the United Kingdom, a provision of legislation is incompatible with an obligation of the United Kingdom arising from the Convention. \n2) If a Minister of the Crown considers that there are compelling reasons for proceeding under this section, he may by order make such amendments to the legislation as he considers necessary to remove the incompatibility. \n3) If, in the case of subordinate legislation, a Minister of the Crown considers— \n\ta) that it is necessary to amend the primary legislation under which the subordinate legislation in question was made, in order to enable the incompatibility to be removed, and \n\tb) that there are compelling reasons for proceeding under this section, he may by order make such amendments to the primary legislation as he considers necessary. \n4) This section also applies where the provision in question is in subordinate legislation and has been quashed, or declared invalid, by reason of incompatibility with a Convention right and the Minister proposes to proceed under paragraph 2(b) of Schedule 2. \n5) If the legislation is an Order in Council, the power conferred by subsection (2) or (3) is exercisable by Her Majesty in Council. \n6) In this section “legislation” does not include a Measure of the Church Assembly or of the General Synod of the Church of England. \n7) Schedule 2 makes further provision about remedial orders. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/10",
    "legislation_id": "ukpga/1998/42",
    "title": "Power to take remedial action.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.889653Z",
    "text": "Section 4) **Declaration of incompatibility.**\n\n1) Subsection (2) applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a Convention right. \n2) If the court is satisfied that the provision is incompatible with a Convention right, it may make a declaration of that incompatibility. \n3) Subsection (4) applies in any proceedings in which a court determines whether a provision of subordinate legislation, made in the exercise of a power conferred by primary legislation, is compatible with a Convention right. \n4) If the court is satisfied— \n\ta) that the provision is incompatible with a Convention right, and \n\tb) that (disregarding any possibility of revocation) the primary legislation concerned prevents removal of the incompatibility, it may make a declaration of that incompatibility. \n5) In this section “court” means— \n\ta) the Supreme Court; \n\tb) the Judicial Committee of the Privy Council; \n\tc) the Court Martial Appeal Court ; \n\td) in Scotland, the High Court of Justiciary sitting otherwise than as a trial court or the Court of Session; \n\te) in England and Wales or Northern Ireland, the High Court or the Court of Appeal. \n\tf) the Court of Protection, in any matter being dealt with by the President of the Family Division, the Chancellor of the High Court or a puisne judge of the High Court. \n6) A declaration under this section (“a declaration of incompatibility”)— \n\ta) does not affect the validity, continuing operation or enforcement of the provision in respect of which it is given; and \n\tb) is not binding on the parties to the proceedings in which it is made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/4",
    "legislation_id": "ukpga/1998/42",
    "title": "Declaration of incompatibility.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.919728Z",
    "text": "Section 12) **Freedom of expression.**\n\n1) This section applies if a court is considering whether to grant any relief which, if granted, might affect the exercise of the Convention right to freedom of expression. \n2) If the person against whom the application for relief is made (“the respondent”) is neither present nor represented, no such relief is to be granted unless the court is satisfied— \n\ta) that the applicant has taken all practicable steps to notify the respondent; or \n\tb) that there are compelling reasons why the respondent should not be notified. \n3) No such relief is to be granted so as to restrain publication before trial unless the court is satisfied that the applicant is likely to establish that publication should not be allowed. \n4) The court must have particular regard to the importance of the Convention right to freedom of expression and, where the proceedings relate to material which the respondent claims, or which appears to the court, to be journalistic, literary or artistic material (or to conduct connected with such material), to— \n\ta) the extent to which— \n\t\ti) the material has, or is about to, become available to the public; or \n\t\tii) it is, or would be, in the public interest for the material to be published; \n\tb) any relevant privacy code. \n5) In this section— \n\t- “court” includes a tribunal; and\n\t- “relief” includes any remedy or order (other than in criminal proceedings).",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/12",
    "legislation_id": "ukpga/1998/42",
    "title": "Freedom of expression.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.924562Z",
    "text": "Section 15) **Reservations.**\n\n1) In this Act “designated reservation” means— \n\ta) the United Kingdom’s reservation to Article 2 of the First Protocol to the Convention; and \n\tb) any other reservation by the United Kingdom to an Article of the Convention, or of any protocol to the Convention, which is designated for the purposes of this Act in an order made by the Secretary of State . \n2) The text of the reservation referred to in subsection (1)(a) is set out in Part II of Schedule 3. \n3) If a designated reservation is withdrawn wholly or in part it ceases to be a designated reservation. \n4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)(b) to make a fresh designation order in respect of the Article concerned. \n5) Secretary of State must by order make such amendments to this Act as he considers appropriate to reflect— \n\ta) any designation order; or \n\tb) the effect of subsection (3). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/15",
    "legislation_id": "ukpga/1998/42",
    "title": "Reservations.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.888129Z",
    "text": "Section 3) **Interpretation of legislation.**\n\n1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights. \n2) This section— \n\ta) applies to primary legislation and subordinate legislation whenever enacted; \n\tb) does not affect the validity, continuing operation or enforcement of any incompatible primary legislation; and \n\tc) does not affect the validity, continuing operation or enforcement of any incompatible subordinate legislation if (disregarding any possibility of revocation) primary legislation prevents removal of the incompatibility. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/3",
    "legislation_id": "ukpga/1998/42",
    "title": "Interpretation of legislation.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.922705Z",
    "text": "Section 14) **Derogations.**\n\n1) In this Act “designated derogation” means— \n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- any derogation by the United Kingdom from an Article of the Convention, or of any protocol to the Convention, which is designated for the purposes of this Act in an order made by the Secretary of State\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) If a designated derogation is amended or replaced it ceases to be a designated derogation. \n4) But subsection (3) does not prevent the Secretary of State from exercising his power under subsection (1)  . . . to make a fresh designation order in respect of the Article concerned. \n5) The Secretary of State must by order make such amendments to Schedule 3 as he considers appropriate to reflect— \n\ta) any designation order; or \n\tb) the effect of subsection (3). \n6) A designation order may be made in anticipation of the making by the United Kingdom of a proposed derogation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/14",
    "legislation_id": "ukpga/1998/42",
    "title": "Derogations.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.892935Z",
    "text": "Section 5) **Right of Crown to intervene.**\n\n1) Where a court is considering whether to make a declaration of incompatibility, the Crown is entitled to notice in accordance with rules of court. \n2) In any case to which subsection (1) applies— \n\ta) a Minister of the Crown (or a person nominated by him), \n\tb) a member of the Scottish Executive, \n\tc) a Northern Ireland Minister, \n\td) a Northern Ireland department, is entitled, on giving notice in accordance with rules of court, to be joined as a party to the proceedings. \n3) Notice under subsection (2) may be given at any time during the proceedings. \n4) A person who has been made a party to criminal proceedings (other than in Scotland) as the result of a notice under subsection (2) may, with leave, appeal to the Supreme Court against any declaration of incompatibility made in the proceedings. \n5) In subsection (4)— \n\t- “criminal proceedings” includes all proceedings before the Court Martial Appeal Court ; and\n\t- “leave” means leave granted by the court making the declaration of incompatibility or by the Supreme Court",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/5",
    "legislation_id": "ukpga/1998/42",
    "title": "Right of Crown to intervene.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.940840Z",
    "text": "Section 20) **Orders etc. under this Act.**\n\n1) Any power of a Minister of the Crown to make an order under this Act is exercisable by statutory instrument. \n2) The power of  . . . the Lord Chancellor or the Secretary of State to make rules (other than rules of court) under section 2(3) or 7(9) is exercisable by statutory instrument. \n3) Any statutory instrument made under section 14, 15 or 16(7) must be laid before Parliament. \n4) No order may be made by  . . . the Lord Chancellor or the Secretary of State under section 1(4), 7(11) or 16(2) unless a draft of the order has been laid before, and approved by, each House of Parliament. \n5) Any statutory instrument made under section 18(7) or Schedule 4, or to which subsection (2) applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament. \n6) The power of a Northern Ireland department to make— \n\ta) rules under section 2(3)(c) or 7(9)(c), or \n\tb) an order under section 7(11), is exercisable by statutory rule for the purposes of the  Statutory Rules (Northern Ireland) Order 1979. \n7) Any rules made under section 2(3)(c) or 7(9)(c) shall be subject to negative resolution; and section 41(6) of the  Interpretation Act Northern Ireland) 1954 (meaning of “subject to negative resolution”) shall apply as if the power to make the rules were conferred by an Act of the Northern Ireland Assembly. \n8) No order may be made by a Northern Ireland department under section 7(11) unless a draft of the order has been laid before, and approved by, the Northern Ireland Assembly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/20",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/20",
    "legislation_id": "ukpga/1998/42",
    "title": "Orders etc. under this Act.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.903434Z",
    "text": "Section 7A) **Limitation: overseas armed forces proceedings**\n\n1) A court or tribunal exercising its discretion under section 7(5)(b) in respect of overseas armed forces proceedings must do so— \n\ta) in accordance with subsection (2), and \n\tb) subject to the rule in subsection (4). \n2) The court or tribunal must have particular regard to— \n\ta) the effect of the delay in bringing proceedings on the cogency of evidence adduced or likely to be adduced by the parties, with particular reference to— \n\t\ti) the likely impact of the operational context on the ability of individuals who are (or, at the time of the events to which the proceedings relate, were) members of Her Majesty's forces to remember relevant events or actions fully or accurately, and \n\t\tii) the extent of dependence on the memories of such individuals, taking into account the effect of the operational context on the ability of such individuals to record, or to retain records of, relevant events or actions; \n\tb) the likely impact of the proceedings on the mental health of any witness or potential witness who is (or, at the time of the events to which the proceedings relate, was) a member of Her Majesty's forces. \n3) In subsection (2) references to  “the operational context” are to the fact that the events to which the proceedings relate took place in the context of overseas operations, and include references to the exceptional demands and stresses to which members of Her Majesty's forces are subject. \n4) The rule referred to in subsection (1)(b) is that overseas armed forces proceedings must be brought before the later of— \n\ta) the end of the period of 6 years beginning with the date on which the act complained of took place; \n\tb) the end of the period of 12 months beginning with the date of knowledge. \n5) In subsection (4), the  “date of knowledge” means the date on which the person bringing the proceedings first knew, or first ought to have known, both— \n\ta) of the act complained of, and \n\tb) that it was an act of the Ministry of Defence or the Secretary of State for Defence. \n6) “Overseas armed forces proceedings” means proceedings— \n\ta) against the Ministry of Defence or the Secretary of State for Defence, and \n\tb) in connection with overseas operations. \n7) “Overseas operations” means any operations outside the British Islands, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of Her Majesty's forces come under attack or face the threat of attack or violent resistance. \n8) In this section the reference to the British Islands includes the territorial sea adjacent to the United Kingdom and the territorial sea adjacent to any of the Channel Islands or the Isle of Man. \n9) In this section  “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/7A",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/7A",
    "legislation_id": "ukpga/1998/42",
    "title": "Limitation: overseas armed forces proceedings",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.939108Z",
    "text": "Section 19) **Statements of compatibility.**\n\n1) A Minister of the Crown in charge of a Bill in either House of Parliament must, before Second Reading of the Bill— \n\ta) make a statement to the effect that in his view the provisions of the Bill are compatible with the Convention rights (“a statement of compatibility”); or \n\tb) make a statement to the effect that although he is unable to make a statement of compatibility the government nevertheless wishes the House to proceed with the Bill. \n2) The statement must be in writing and be published in such manner as the Minister making it considers appropriate. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/19",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/19",
    "legislation_id": "ukpga/1998/42",
    "title": "Statements of compatibility.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.981514Z",
    "text": "SCHEDULE 4 Judicial Pensions Section 18(6). *Duty to make orders about pensions*\n\n1) \n1) The appropriate Minister must by order make provision with respect to pensions payable to or in respect of any holder of a judicial office who serves as an ECHR judge. \n2) A pensions order must include such provision as the Minister making it considers is necessary to secure that— \n\ta) an ECHR judge who was, immediately before his appointment as an ECHR judge, a member of a judicial pension scheme is entitled to remain as a member of that scheme; \n\tb) the terms on which he remains a member of the scheme are those which would have been applicable had he not been appointed as an ECHR judge; and \n\tc) entitlement to benefits payable in accordance with the scheme continues to be determined as if, while serving as an ECHR judge, his salary was that which would (but for section 18(4)) have been payable to him in respect of his continuing service as the holder of his judicial office. *Contributions*\n\n2) A pensions order may, in particular, make provision— \n\ta) for any contributions which are payable by a person who remains a member of a scheme as a result of the order, and which would otherwise be payable by deduction from his salary, to be made otherwise than by deduction from his salary as an ECHR judge; and \n\tb) for such contributions to be collected in such manner as may be determined by the administrators of the scheme. *Amendments of other enactments*\n\n3) A pensions order may amend any provision of, or made under, a pensions Act in such manner and to such extent as the Minister making the order considers necessary or expedient to ensure the proper administration of any scheme to which it relates. *Definitions*\n\n4) In this Schedule— \n\t- “appropriate Minister” means— in relation to any judicial office whose jurisdiction is exercisable exclusively in relation to Scotland, the Secretary of State; andotherwise, the Lord Chancellor;\n\t- “ECHR judge” means the holder of a judicial office who is serving as a judge of the Court;\n\t- “judicial pension scheme” means a scheme established by and in accordance with a pensions Act;\n\t- “pensions Act” means— the County Courts Act Northern Ireland) 1959;the Sheriffs’ Pensions (Scotland) Act 1961;the Judicial Pensions Act 1981; orthe Judicial Pensions and Retirement Act 1993; the Public Service Pensions Act 2013; and\n\t- “pensions order” means an order made under paragraph 1.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/schedule/4",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/schedule/4",
    "legislation_id": "ukpga/1998/42",
    "title": "Judicial Pensions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.926378Z",
    "text": "Section 16) **Period for which designated derogations have effect.**\n\n1) If it has not already been withdrawn by the United Kingdom, a designated derogation ceases to have effect for the purposes of this Act— \n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . ., at the end of the period of five years beginning with the date on which the order designating it was made.\n2) At any time before the period— \n\ta) fixed by subsection (1)  . . ., or \n\tb) extended by an order under this subsection, comes to an end, the Secretary of State may by order extend it by a further period of five years. \n3) An order under section 14(1)  . . . ceases to have effect at the end of the period for consideration, unless a resolution has been passed by each House approving the order. \n4) Subsection (3) does not affect— \n\ta) anything done in reliance on the order; or \n\tb) the power to make a fresh order under section 14(1)  . . .. \n5) In subsection (3) “period for consideration” means the period of forty days beginning with the day on which the order was made. \n6) In calculating the period for consideration, no account is to be taken of any time during which— \n\ta) Parliament is dissolved or prorogued; or \n\tb) both Houses are adjourned for more than four days. \n7) If a designated derogation is withdrawn by the United Kingdom, the Secretary of State must by order make such amendments to this Act as he considers are required to reflect that withdrawal. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/16",
    "legislation_id": "ukpga/1998/42",
    "title": "Period for which designated derogations have effect.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.969023Z",
    "text": "SCHEDULE 2 Remedial Orders Section 10. *Orders*\n\n1) \n1) A remedial order may— \n\ta) contain such incidental, supplemental, consequential or transitional provision as the person making it considers appropriate; \n\tb) be made so as to have effect from a date earlier than that on which it is made; \n\tc) make provision for the delegation of specific functions; \n\td) make different provision for different cases. \n2) The power conferred by sub-paragraph (1)(a) includes— \n\ta) power to amend primary legislation (including primary legislation other than that which contains the incompatible provision); and \n\tb) power to amend or revoke subordinate legislation (including subordinate legislation other than that which contains the incompatible provision). \n3) A remedial order may be made so as to have the same extent as the legislation which it affects. \n4) No person is to be guilty of an offence solely as a result of the retrospective effect of a remedial order. *Procedure*\n\n2) No remedial order may be made unless— \n\ta) a draft of the order has been approved by a resolution of each House of Parliament made after the end of the period of 60 days beginning with the day on which the draft was laid; or \n\tb) it is declared in the order that it appears to the person making it that, because of the urgency of the matter, it is necessary to make the order without a draft being so approved. *Orders laid in draft*\n\n3) \n1) No draft may be laid under paragraph 2(a) unless— \n\ta) the person proposing to make the order has laid before Parliament a document which contains a draft of the proposed order and the required information; and \n\tb) the period of 60 days, beginning with the day on which the document required by this sub-paragraph was laid, has ended. \n2) If representations have been made during that period, the draft laid under paragraph 2(a) must be accompanied by a statement containing— \n\ta) a summary of the representations; and \n\tb) if, as a result of the representations, the proposed order has been changed, details of the changes. *Urgent cases*\n\n4) \n1) If a remedial order (“the original order”) is made without being approved in draft, the person making it must lay it before Parliament, accompanied by the required information, after it is made. \n2) If representations have been made during the period of 60 days beginning with the day on which the original order was made, the person making it must (after the end of that period) lay before Parliament a statement containing— \n\ta) a summary of the representations; and \n\tb) if, as a result of the representations, he considers it appropriate to make changes to the original order, details of the changes. \n3) If sub-paragraph (2)(b) applies, the person making the statement must— \n\ta) make a further remedial order replacing the original order; and \n\tb) lay the replacement order before Parliament. \n4) If, at the end of the period of 120 days beginning with the day on which the original order was made, a resolution has not been passed by each House approving the original or replacement order, the order ceases to have effect (but without that affecting anything previously done under either order or the power to make a fresh remedial order). *Definitions*\n\n5) In this Schedule— \n\t- “representations” means representations about a remedial order (or proposed remedial order) made to the person making (or proposing to make) it and includes any relevant Parliamentary report or resolution; and\n\t- “required information” means— an explanation of the incompatibility which the order (or proposed order) seeks to remove, including particulars of the relevant declaration, finding or order; anda statement of the reasons for proceeding under section 10 and for making an order in those terms.*Calculating periods*\n\n6) In calculating any period for the purposes of this Schedule, no account is to be taken of any time during which— \n\ta) Parliament is dissolved or prorogued; or \n\tb) both Houses are adjourned for more than four days. \n7) \n1) This paragraph applies in relation to– \n\ta) any remedial order made, and any draft of such an order proposed to be made,– \n\t\ti) by the Scottish Ministers; or \n\t\tii) within devolved competence (within the meaning of the Scotland Act 1998) by Her Majesty in Council; and \n\tb) any document or statement to be laid in connection with such an order (or proposed order). \n2) This Schedule has effect in relation to any such order (or proposed order), document or statement subject to the following modifications. \n3) Any reference to Parliament, each House of Parliament or both Houses of Parliament shall be construed as a reference to the Scottish Parliament. \n4) Paragraph 6 does not apply and instead, in calculating any period for the purposes of this Schedule, no account is to be taken of any time during which the Scottish Parliament is dissolved or is in recess for more than four days. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/schedule/2",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/schedule/2",
    "legislation_id": "ukpga/1998/42",
    "title": "Remedial Orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2025-10-20T01:16:51.928799Z",
    "text": "Section 17) **Periodic review of designated reservations.**\n\n1) The appropriate Minister must review the designated reservation referred to in section 15(1)(a)— \n\ta) before the end of the period of five years beginning with the date on which section 1(2) came into force; and \n\tb) if that designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3). \n2) The appropriate Minister must review each of the other designated reservations (if any)— \n\ta) before the end of the period of five years beginning with the date on which the order designating the reservation first came into force; and \n\tb) if the designation is still in force, before the end of the period of five years beginning with the date on which the last report relating to it was laid under subsection (3). \n3) The Minister conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1998/42/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/1998/42/section/17",
    "legislation_id": "ukpga/1998/42",
    "title": "Periodic review of designated reservations.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 1998,
    "legislation_number": 42,
    "act_name": "Human Rights Act 1998"
  },
  {
    "created_at": "2026-02-21T14:47:58.782355Z",
    "text": "SCHEDULE 26 Amendments Section 211 ## Part 1\n## Acts of Parliament\n\n*Disabled Persons (Employment) Act 1944*\n\n1) In section 15 of the Disabled Persons (Employment) Act 1944\n\t\t\t(provision of employment for seriously disabled persons), in subsection (5A), for  “the Disability Discrimination Act 1995” substitute “\n                  the Equality Act 2010\n           ” . *Teaching Council (Scotland) Act 1965*\n\n2) In section 1(3) of the Teaching Council (Scotland) Act 1965, for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . *Employment and Training Act 1973*\n\n3) In section 12(1) of the Employment and Training Act 1973\n\t\t\t(duty of Secretary of State to give preference to ex-service men and women when exercising power to select disabled persons for employment, training, etc. ), for  “has the same meaning as in the Disability Discrimination Act 1995” substitute “\n                  has the same meaning as in the Equality Act 2010\n           ” . *Estate Agents Act 1979*\n\n4) The Estate Agents Act 1979 is amended as follows. \n5) In section 5(3)\n\t\t\t(supplementary provisions about prohibition and warning orders)— \n\ta) for  “section 62 of the Sex Discrimination Act 1975, section 53 of the Race Relations Act 1976” substitute “\n                      section 113 of the Equality Act 2010 (proceedings)\n             ” ; and \n\tb) omit  “those Acts and”. \n6) \n1) Schedule 1 (provisions supplementary to section 3(1)) is amended as follows. \n2) For paragraph 2 substitute— \n2) \n1) A person commits discrimination for the purposes of section 3(1)(b) in the following cases only. \n2) The first case is where— \n\ta) the person has been found to have contravened a relevant equality provision, and \n\tb) no appeal against the finding is pending or can be brought. \n3) The second case is where— \n\ta) the person has been given an unlawful act notice under section 21 of the Equality Act 2006, \n\tb) the notice specifies a relevant equality provision as the provision by virtue of which the act in question is unlawful, and \n\tc) no appeal against the giving of the notice is pending or can be brought. \n4) The third case is where— \n\ta) the person is the subject of an injunction, interdict or order under section 24 of the Equality Act 2006 (unlawful acts), and \n\tb) the unlawful act in question is a contravention of a relevant equality provision. \n5) The relevant equality provisions are— \n\ta) Parts 3 and 4 of the Equality Act 2010 (services and premises) so far as relating to discrimination and victimisation, and \n\tb) section 112 of that Act (aiding contraventions) in relation to either of those Parts of that Act so far as relating to discrimination and victimisation. \n3) In paragraph 3 for  “discrimination” substitute “\n                      a contravention of a relevant equality provision\n             ” . \n4) For paragraph 4 substitute— \n4) For the purposes of paragraphs 2 and 3  “discrimination” and  “victimisation” have the same meaning as in the Equality Act 2010. . *Civic Government (Scotland) Act 1982*\n\n7) \n1) Section 20 of the Civic Government (Scotland) Act 1982\n\t\t\t\t\t(regulations relating to taxis and private hire cars and their drivers) is amended as follows. \n2) In subsection (2A) for  “section 1(2) of the Disability Discrimination Act 1995” substitute “\n                      section 6 of the Equality Act 2010\n             ” . \n3) In subsection (2AA) for  “section 1(2) of the Disability Discrimination Act 1995 (c.50)” substitute “\n                      section 6 of the Equality Act 2010\n             ” . *Housing (Scotland) Act 1987*\n\n8) In section 338(1) of the Housing (Scotland) Act 1987\n\t\t\t(interpretation) in the definition of  “disabled person” for  “Disability Discrimination Act 1995 (c.50),” substitute “\n                  Equality Act 2010,\n           ” . *Local Government Act 1988*\n\n9) Part 2 of the Local Government Act 1988 (public supply or works contracts) is amended as follows. \n10) In section 17 (local and other public authority contracts: exclusion of non-commercial considerations)— \n\ta) omit subsection (9), and \n\tb) after that subsection insert— \n\t10) This section does not prevent a public authority to which it applies from exercising any function regulated by this section with reference to a non-commercial matter to the extent that the authority considers it necessary or expedient to do so to enable or facilitate compliance with— \n\t\ta) the duty imposed on it by section 149 of the Equality Act 2010 (public sector equality duty), or \n\t\tb) any duty imposed on it by regulations under section 153 or 154 of that Act (powers to impose specific duties). \n11) Omit section 18 (exceptions to section 17 relating to race relations matters). \n12) In section 19 (provisions supplementary to or consequential on section 17) omit subsection (10). *Employment Act 1989*\n\n13) The Employment Act 1989 is amended as follows. \n14) In section 8 (exemption for discrimination in favour of lone parents in connection with training), in subsection (2), for the words from  “for the purposes of the 1975 Act” to the end substitute “for the purposes of the Equality Act 2010 as giving rise to any contravention of Part 5 of that Act, so far as relating to marriage and civil partnership discrimination (within the meaning of that Act). \n15) \n1) Section 12  . . . (Sikhs: requirements as to safety helmets) is amended as follows. \n2) In subsection (1), for  “requirement or condition”, in the first three places, substitute “\n                      provision, criterion or practice\n             ” . \n3) In that subsection, for the words from  “section 1(1)(b)” to the end substitute “\n                      section 19 of the Equality Act 2010 (indirect discrimination), the provision, criterion or practice is to be taken as one in relation to which the condition in subsection (2)(d) of that section (proportionate means of achieving a legitimate aim) is satisfied\n             ” . \n4) In subsection (2), for the words from  “the Race Relations Act” to the end substitute “\n                      section 13 of the Equality Act 2010 as giving rise to discrimination against any other person\n             ” . \n16) In section 28\n\t\t\t\t(orders etc. ), omit subsections (2), (3) and (4)(a). \n17) In section 29(1)\n\t\t\t(interpretation), omit the definition of  “the 1975 Act”. *Local Government and Housing Act 1989*\n\n18) In section 7(2) of the Local Government and Housing Act 1989\n\t\t\t\t\t(requirement for appointments to be on merit to be subject to discrimination law)— \n\ta) omit paragraphs (c), (d) and (f), and \n\tb) at the end insert— \n\t\tg) sections 39, 40 and 49 to 51 of the Equality Act 2010 (employees and office-holders), so far as relating to disability, and Schedule 8 to that Act (reasonable adjustments for disabled persons) so far as it applies in relation to sections 39 and 49 to 51 of that Act; \n\t\th) paragraph 1 of Schedule 9 to that Act (occupational requirements), so far as relating to sex, pregnancy and maternity, marriage and civil partnership, gender reassignment or race. . *Enterprise and New Towns (Scotland) Act 1990*\n\n19) The Enterprise and New Towns (Scotland) Act 1990 is amended as follows. \n20) In section 2(4)(a)\n\t\t\t(functions in relation to training for employment etc. ) for  “section 3(1) of the Race Relations Act 1976” substitute “\n                  section 9 of the Equality Act 2010\n           ” . \n21) In section 16(2)\n\t\t\t(courses of training etc. : duty to give preference to certain categories) for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . \n22) For section 17 (encouragement of women, members of minority racial groups and disabled persons to take advantage of opportunities for certain work etc ) substitute— \n\nSection 17) **Encouragement of women, members of ethnic minorities and disabled persons to take up certain employment opportunities and training**\n\n1) Scottish Enterprise and Highlands and Islands Enterprise shall each, in exercising its functions, promote such actings by any employer as are lawful by virtue of section 158 of the Equality Act 2010 (the  “2010 Act”)\n\t\t\t\t\t\t\t\t(positive action: general) in relation to— \n\ta) affording access to facilities for training, and \n\tb) encouraging persons to take advantage of opportunities for taking up that employer's work. \n2) This section applies to the protected characteristics of sex, race and disability within the meaning of the 2010 Act. \n3) This section is without prejudice to paragraph (a) of section 2(4) of this Act or to any provision of the 2010 Act prohibiting discrimination within the meaning of that Act. . *Further and Higher Education Act 1992*\n\n23) In section 62(7B) of the Further and Higher Education Act 1992\n\t\t\t\t\t(higher education funding councils) for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . *Trade Union and Labour Relations (Consolidation) Act 1992*\n\n24) \n1) Schedule A2 to the Trade Union and Labour Relations (Consolidation) Act 1992\n\t\t\t\t\t\t\t(tribunal jurisdictions where failure by employer or employee to comply with applicable code of practice may affect the level of damages) is amended as follows. \n2) Omit the entries relating to— \n\ta) the Equal Pay Act 1970; \n\tb) the Sex Discrimination Act 1975; \n\tc) the Race Relations Act 1976; \n\td) the Disability Discrimination Act 1995; \n\te) the Employment Equality (Sexual Orientation) Regulations 2003; \n\tf) the Employment Equality (Religion or Belief) Regulations 2003; \n\tg) the Employment Equality (Age) Regulations 2006. \n3) At the end of the entries relating to provisions of Acts, insert— “Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)” *Trade Union Reform and Employment Rights Act 1993*\n\n25) In section 39(2) of the Trade Union Reform and Employment Rights Act 1993\n\t\t\t\t\t(agreements not to take proceedings before employment tribunal) omit  “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”. \n26) In Schedule 6\n\t\t\t\t\t(compromise contracts) omit paragraphs 1 and 2. *Employment Tribunals Act 1996*\n\n27) The Employment Tribunals Act 1996 is amended as follows. \n28) In section 5(2)(c)\n\t\t\t(remuneration, fees and allowances) for  “2A(1)(b) of the Equal Pay Act 1970” substitute “\n                  131(2) of the Equality Act 2010\n           ” . \n29) In section 7(3)(h)\n\t\t\t(employment tribunal procedure regulations) for  “2A(1)(b) of the Equal Pay Act 1970” substitute “\n                  131(2) of the Equality Act 2010\n           ” . \n30) In section 12(1)\n\t\t\t(restriction of publicity in disability cases) for  “section 17A or 25(8) of the Disability Discrimination Act 1995” substitute “\n                  section 120 of the Equality Act 2010, where the complaint relates to disability\n           ” . \n31) In section 18(1)\n\t\t\t(tribunal proceedings to which conciliation provisions apply)— \n\ta) for paragraph (a) substitute— \n\t\ta) under section 120 or 127 of the Equality Act 2010, , and \n\tb) omit paragraphs (c), (k), (l) and (r). \n32) In section 21(1)\n\t\t\t(Jurisdiction of appeal tribunal)— \n\ta) omit paragraphs (a), (b), (c), (e),(l), (m) and (s); and. \n\tb) at the end of the entries relating to provisions in Acts, insert— \n\t\tge) the Equality Act 2010, . *Employment Rights Act 1996*\n\n33) \n1) Section 126 of the Employment Rights Act 1996\n\t\t\t\t\t\t\t(acts which are both unfair dismissal and discrimination) is amended as follows. \n2) In subsection (1) for paragraph (b) substitute— \n\tb) the Equality Act 2010. . \n3) In subsection (2)— \n\ta) for  “any one of those Acts or Regulations” substitute “\n                          either of those Acts\n               ” , and \n\tb) for  “any other of them” substitute “\n                          the other\n               ” . *Housing Grants, Construction and Regeneration Act 1996*\n\n34) In section 126 of the Housing Grants, Construction and Regeneration Act 1996\n\t\t\t\t\t(Secretary of State's power to give financial assistance etc ), in subsection (3), in the definition of  “racial group”, for  “the Race Relations Act 1976” substitute “\n                  section 9 of the Equality Act 2010\n           ” . *Education Act 1996*\n\n35) The Education Act 1996 is amended as follows. \n36) \n1) Section 317 of the Education Act 1996 (duties of governing bodies etc in relation to pupils with special educational needs) is amended as follows. \n2) In subsection (6)(b)(iv) for  “section 28D of the Disability Discrimination Act 1995 (“the 1995 Act”)” substitute “\n                      paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”)\n             ” . \n3) For subsection (6A) substitute— \n6A) In subsection (6)(b)\n\t\t\t\t\t\t\t\t “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act. . \n37) In section 336(4A)\n\t\t\t(tribunal procedure) for  “claim under Chapter 1 of Part 4 of the Disability Discrimination Act 1995” substitute “\n                  claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability.\n           ” . \n38) In section 509AC(5)(interpretation etc ), in the definition of  “disabled person”, for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . \n39) Omit section 583(5)\n\t\t\t(commencement etc : transitory provision relating to the Disability Discrimination Act 1995). \n40) In Schedule 35B\n\t\t\t\t\t(meaning of eligible child etc ), paragraph 15(4), for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . \n41) In Schedule 35C\n\t\t\t\t\t(school travel schemes), paragraph 14, in the definition of  “disabled child”, for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . \n42) \n1) In Schedule 36A\n\t\t\t\t\t\t\t(education functions of local authorities) the table is amended as follows. \n2) Omit the entries relating to the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995. \n3) Insert at the end— Equality Act 2010 (c. 15)Section 29(7) in its application to a local authority's functions under the Education ActsDuty to make reasonable adjustments for disabled persons.Section 85(6)Duty (as responsible body) to make reasonable adjustments for disabled pupils.Section 92(6)Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.Section 93(6)Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.paragraph 1 of Schedule 10Duty to prepare and implement accessibility strategy.paragraph 3 of Schedule 10Duty (as responsible body) to prepare and implement an accessibility plan. *Teaching and Higher Education Act 1998*\n\n43) In section 1(4) of the Teaching and Higher Education Act 1998\n\t\t\t\t\t(the General Teaching Council for England) for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . *School Standards and Framework Act 1998*\n\n44) The School Standards and Framework Act 1998 is amended as follows. \n45) In Schedule 5, in paragraph 6\n\t\t\t\t\t(adjudicators, procedure) for subparagraphs (a) to (c) substitute— \n\ta) section 71 of the Race Relations Act 1976, or \n\tb) Parts 3 and 6 of the Equality Act 2010, . \n46) \n1) In Schedule 6, Part 5 (procedures for making transitional exemption orders in Wales) paragraph 22(4) is amended as follows. \n2) For the definition of  “the 1975 Act” substitute— “the 2010 Act” means the Equality Act 2010, . \n3) In the definition of  “the responsible body” for  “section 22 of the 1975 Act” substitute “\n                      section 85 of the 2010 Act\n             ” . \n4) In the definition of  “transitional exemption order” for  “section 27 of the 1975 Act” substitute “\n                      paragraph 3 of Schedule 11 to the 2010 Act\n             ” . \n5) For  “section 27(1) of the 1975 Act” substitute “\n                      paragraph 3 of Schedule 11 to the 2010 Act\n             ” . \n47) \n1) In Schedule 7, in Part 6 (transitional exemption orders, interpretation) paragraph 16(6) is amended as follows. \n2) For the definition of the 1975 Act substitute— \n\t\t- - “the 2010 Act” means the Equality Act 2010,\n3) In the definition of  “the responsible body” for  “section 22 of the 1975 Act” substitute “\n                      section 85 of the 2010 Act\n             ” . \n4) In the definition of  “transitional exemption order” for  “section 27 of the 1975 Act” substitute “\n                      paragraph 3 of Schedule 11 to the 2010 Act\n             ” . \n5) For  “section 27(1) of the 1975 Act” substitute “\n                      paragraph 3 of Schedule 11 to the 2010 Act\n             ” . *Transport Act 2000*\n\n48) In section 112(2) of the Transport Act 2000\n\t\t\t\t\t(plans and strategies: supplementary) for  “Disability Discrimination Act 1995” substitute “\n                  Equality Act 2010\n           ” . *Employment Act 2002*\n\n49) \n1) Schedule 5 to the Employment Act 2002\n\t\t\t\t\t\t\t(tribunal jurisdiction) is amended as follows. \n2) Omit the entries relating to— \n\ta) the Equal Pay Act 1970; \n\tb) the Sex Discrimination Act 1975; \n\tc) the Race Relations Act 1976; \n\td) the Disability Discrimination Act 1995; \n\te) the Employment Equality (Sexual Orientation) Regulations 2003; \n\tf) the Employment Equality (Religion or Belief) Regulations 2003; \n\tg) the Employment Equality (Age) Regulations 2006. \n3) At the end of the entries relating to provisions of Acts, insert— “Sections 120 and 127 of the Equality Act 2010 (discrimination etc in work cases)”. *Income Tax (Earnings and Pensions) Act 2003*\n\n50) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows. \n51) In section 439(4)\n\t\t\t(chargeable events) after  “within the meaning of” insert “\n                  the Equality Act 2010 in England and Wales and Scotland, or\n           ” . \n52) In section 477(5)\n\t\t\t(chargeable events) after  “within the meaning of” insert “\n                  the Equality Act 2010 in England and Wales and Scotland, or\n           ” . *Communications Act 2003*\n\n53) The Communications Act 2003 is amended as follows. \n54) In section 27(5)\n\t\t\t(training and equality of opportunity)— \n\ta) in the definition of  “disabled” after  “meaning as in” insert “\n                      the Equality Act 2010 or, in Northern Ireland,\n             ” , and \n\tb) in the definition of  “racial group” for  “Race Relations Act 1976 (c 74)” substitute “\n                      Equality Act 2010\n             ” . \n55) In section 337(9)\n\t\t\t(promotion of equal opportunities and training)— \n\ta) in the definition of  “disabled” after  “meaning as in” insert “\n                      the Equality Act 2010 or, in Northern Ireland,\n             ” , and \n\tb) in the definition of  “racial group” for  “Race Relations Act 1976 (c 74)” substitute “\n                      Equality Act 2010\n             ” . \n56) In Schedule 12, in paragraph 23(6)\n\t\t\t(obligations of the Welsh Authority in relation to equality of opportunity)— \n\ta) in the definition of  “disability” after  “meaning as in” insert “\n                      the Equality Act 2010 or, in Northern Ireland,\n             ” , and \n\tb) in the definition of  “racial group” for  “Race Relations Act 1976 (c 74)” substitute “\n                      the Equality Act 2010\n             ” . *Finance Act 2004*\n\n57) The Finance Act 2004 is amended as follows. \n58) In section 172A(5)(db)\n\t\t\t(surrender of pension benefits etc ) for— \n\ta) “the Employment Equality (Age) Regulations 2006 or” substitute “\n                      Part 5 of the Equality Act 2010, so far as relating to age, or the\n             ” , and \n\tb) for  “them” substitute “\n                      those Regulations.\n             ” . \n59) In paragraphs 11D(2A) and (2B)(b), 12(2C)(d) and 14(3A) and (3D)(a) of Schedule 36 (pension schemes etc : transitional provisions and savings)— \n\ta) for  “the Employment Equality (Age) Regulations 2006, or” substitute “\n                      Part 5 of the Equality Act 2010, so far as relating to age, or the\n             ” , and \n\tb) for  “them” substitute “\n                      those Regulations.\n             ” . *Serious Organised Crime and Police Act 2005*\n\n60) Section 56 of the Serious Organised Crime and Police Act 2005\n\t\t\t\t\t(the title to which becomes  “Application of discrimination legislation to SOCA seconded staff: Northern Ireland”) is amended as follows— \n\ta) in subsection (2), omit paragraphs (a) and (b); and \n\tb) in subsection (4), omit paragraphs (a), (b), (g) and (h) and the  “and” preceding each of paragraphs (g) and (h). *Equality Act 2006*\n\n61) The Equality Act 2006 is amended as follows. \n62) \n1) Section 8 (equality and diversity) is amended as follows. \n2) In subsection (1)— \n\ta) in paragraph (d) for  “equality enactments” substitute “\n                          Equality Act 2010\n               ” , and \n\tb) in paragraph (e) for  “the equality enactments” substitute “\n                          that Act\n               ” . \n3) In subsection (4) for  “Disability Discrimination Act 1995 (c. 50)” substitute “\n                      Equality Act 2010\n             ” . \n63) In section 10(2)\n\t\t\t(meaning of group) for paragraph (d) substitute— \n\td) gender reassignment (within the meaning of section 7 of the Equality Act 2010), . \n64) For section 11(3)(c)\n\t\t\t(interpretation) substitute— \n\tc) a reference to the equality and human rights enactments is a reference to the Human Rights Act 1998, this Act and the Equality Act 2010. \n65) \n1) Section 14 (codes of practice) is amended as follows. \n2) For subsection (1) substitute— \n1) The Commission may issue a code of practice in connection with any matter addressed by the Equality Act 2010. \n3) In subsection (2)(a) for  “a provision or enactment listed in subsection (1)” substitute “\n                      the Equality Act 2010 or an enactment made under that Act\n             ” . \n4) In subsection (3)— \n\ta) in paragraph (a) for  “section 49G(7) of the Disability Discrimination Act 1995 (c. 50)” substitute “\n                          section 190(7) of the Equality Act 2010\n               ” , and \n\tb) for paragraph (c)(iv) substitute— \n\t\t\tiv) section 190 of the Equality Act 2010. \n5) In subsection (5)(a) for  “listed in subsection (1)” substitute “\n                      a matter addressed by the Equality Act 2010\n             ” . \n6) In subsection (9) for  “section 76A” to  “duties)” substitute “\n                      section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty)\n             ” . \n66) In section 16(4)\n\t\t\t(inquiries: matters which the Commission may consider and report on) for  “equality enactments” substitute “\n                  Equality Act 2010\n           ” . \n67) In section 21(2)(b)\n\t\t\t(unlawful act notice: specification of legislative provision) for  “equality enactments” substitute “\n                  Equality Act 2010\n           ” . \n68) After section 24 insert— \n\nSection 24A) **Enforcement powers: supplemental**\n\n1) This section has effect in relation to— \n\ta) an act which is unlawful because, by virtue of any of sections 13 to 18 of the Equality Act 2010, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, \n\tb) an act which is unlawful because it amounts to a contravention of section 60(1) of that Act (or to a contravention of section 111 or 112 of that Act that relates to a contravention of section 60(1) of that Act)\n\t\t\t\t\t\t\t\t\t\t(enquiries about disability and health), \n\tc) an act which is unlawful because it amounts to a contravention of section 106 of that Act (information about diversity in range of election candidates etc.), \n\td) an act which is unlawful because, by virtue of section 108(1) of that Act, it amounts to a contravention of any of Parts 3, 4, 5, 6 or 7 of that Act, or \n\te) the application of a provision, criterion or practice which, by virtue of section 19 of that Act, amounts to a contravention of that Act. \n2) For the purposes of sections 20 to 24 of this Act, it is immaterial whether the Commission knows or suspects that a person has been or may be affected by the unlawful act or application. \n3) For those purposes, an unlawful act includes making arrangements to act in a particular way which would, if applied to an individual, amount to a contravention mentioned in subsection (1)(a). \n4) Nothing in this Act affects the entitlement of a person to bring proceedings under the Equality Act 2010 in respect of a contravention mentioned in subsection (1). \n69) Omit section 25 (restraint of unlawful advertising etc.). \n70) Omit section 26 (supplemental). \n71) \n1) Section 27 (conciliation) is amended as follows. \n2) For subsection (1)\n\t\t\t\t\t(disputes in relation to which the Commission may make arrangements for the provision of conciliation services) substitute— \n1) The Commission may make arrangements for the provision of conciliation services for disputes in respect of which proceedings have been or could be determined by virtue of section 114 of the Equality Act 2010. \n72) \n1) Section 28 (legal assistance) is amended as follows. \n2) In subsection (1)— \n\ta) in paragraph (a) for  “equality enactments” substitute “\n                          Equality Act 2010\n               ” , and \n\tb) in paragraph (b) for  “the equality enactments” substitute “\n                          that Act\n               ” . \n3) In subsection (5) for  “Part V of the Disability Discrimination Act 1995 (c. 50)\n\t\t\t\t\t\t(public” substitute “\n                      Part 12 of the Equality Act 2010 (disabled persons:\n             ” . \n4) In subsection (6)— \n\ta) for  “the equality enactments”, on the first occasion it appears, substitute “\n                          the Equality Act 2010\n               ” , and \n\tb) for  “the equality enactments”, on each other occasion it appears, substitute “\n                          that Act\n               ” . \n5) In subsection (7)— \n\ta) in paragraph (a) for  “equality enactments” substitute “\n                          Equality Act 2010\n               ” , and \n\tb) in paragraph (b) for  “the equality enactments” substitute “\n                          that Act\n               ” . \n6) In subsection (8) for  “Part V of the Disability Discrimination Act 1995 (c. 50)” substitute “\n                      Part 12 of the Equality Act 2010\n             ” . \n7) In subsection (9) for  “equality enactments” substitute “\n                      Equality Act 2010\n             ” . \n8) In subsection (12)— \n\ta) for  “A reference in” to  “includes a reference” substitute “\n                          This section applies\n               ” , and \n\tb) after paragraph (b) add “\n                          as it applies to the Equality Act 2010.\n               ” \n73) For section 31(1)\n\t\t\t(duties in respect of which Commission may assess compliance) substitute— \n1) The Commission may assess the extent to which or the manner in which a person has complied with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty). \n74) \n1) Section 32 (public sector duties: compliance notice) is amended as follows. \n2) For subsection (1) substitute— \n1) This section applies where the Commission thinks that a person has failed to comply with a duty under or by virtue of section 149, 153 or 154 of the Equality Act 2010 (public sector equality duty). \n3) In subsection (4) for  “section 76A” to  “Disability Discrimination Act 1995” substitute “\n                      section 149 of the Equality Act 2010\n             ” . \n4) In subsection (9)(a) for  “section 76A” to  “Disability Discrimination Act 1995 (c. 50)” substitute “\n                      section 149 of the Equality Act 2010\n             ” . \n5) In subsection (9)(b) for  “in any other case” substitute “\n                      where the notice related to a duty by virtue of section 153 or 154 of that Act\n             ” . \n6) In subsection (11) for  “section 76B” to  “Disability Discrimination Act 1995” substitute “\n                      section 153 or 154 of the Equality Act 2010\n             ” . \n75) Omit section 33 (equality and human rights enactments). \n76) \n1) Section 34 (meaning of unlawful) is amended as follows. \n2) In subsection (1) for  “equality enactments” substitute “\n                      Equality Act 2010\n             ” . \n3) In subsection (2)— \n\ta) after  “virtue of” insert “\n                          any of the following provisions of the Equality Act 2010\n               ” , and \n\tb) for paragraphs (a) to (c) substitute— \n\t\ta) section 1 (public sector duty regarding socio-economic inequalities), \n\t\tb) section 149, 153 or 154 (public sector equality duty), \n\t\tc) Part 12 (disabled persons: transport), or \n\t\td) section 190 (disability: improvements to let dwelling houses). \n77) \n1) Section 35 (general: definitions) is amended as follows. \n2) In the definition of  “religion or belief”, for  “Part 2 (as defined by section 44)” substitute “\n                      section 10 of the Equality Act 2010\n             ” . \n3) For the definition of  “sexual orientation” substitute— “sexual orientation” has the same meaning as in section 12 of the Equality Act 2010. \n78) In section 39(4)\n\t\t\t(orders subject to affirmative resolution procedure) for  “, 27(10) or 33(3)” substitute “\n                  or 27(10)\n           ” . \n79) Omit section 43 (transitional: rented housing in Scotland). \n80) Omit Part 2 (discrimination on grounds of religion or belief). \n81) Omit section 81 (regulations). \n82) Omit Part 4 (public functions). \n83) In section 94(3)\n\t\t\t(extent: Northern Ireland)— \n\ta) omit  “and 41 to 56”, and \n\tb) omit  “and the Disability Discrimination Act 1995 (c. 50)”. \n84) \n1) Schedule 1 (the Commission: constitution, etc.) is amended as follows. \n2) In paragraph 52(3)(a) for  “Parts 1, 3, 4, 5 and 5B of the Disability Discrimination Act 1995 (c. 50)” substitute “\n                      Parts 2, 3, 4, 6, 7, 12 and 13 of the Equality Act 2010, in so far as they relate to disability\n             ” . \n3) In paragraph 53 for  “Part 2 of the Disability Discrimination Act 1995 (c. 50)” substitute “\n                      Part 5 of the Equality Act 2010\n             ” . \n4) In paragraph 54 for  “Part 2 of the Disability Discrimination Act 1995” substitute “\n                      Part 5 of the Equality Act 2010\n             ” . \n85) In Schedule 3 (consequential amendments), omit paragraphs 6 to 35 and 41 to 56. *Immigration, Asylum and Nationality Act 2006*\n\n86) In section 23(1)(a) of the Immigration Asylum and Nationality Act 2006\n\t\t\t\t\t(discrimination: code of practice) for  “the Race Relations Act 1976 (c. 74)” substitute “\n                  the Equality Act 2010, so far as relating to race\n           ” . *Childcare Act 2006*\n\n87) The Childcare Act 2006 is amended as follows. \n88) In section 6(6)\n\t\t\t(duty to secure sufficient childcare for working parents) in the definition of  “disabled child” for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . \n89) In section 12(8)\n\t\t\t(duty to provide information, advice and assistance) for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . \n90) In section 22(6)\n\t\t\t(duty to secure sufficient childcare for working parents (Wales)) in the definition of  “disabled child” for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . \n91) In section 27(8)\n\t\t\t(duty to provide information, advice and assistance (Wales)) for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . *Education and Inspections Act 2006*\n\n92) The Education and Inspections Act 2006 is amended as follows. \n93) In section 21(5)\n\t\t\t(proposals under section 19: procedure) for  “section 27 of the Sex Discrimination Act 1975 (c. 65)\n\t\t\t\t(exception for single-sex establishments turning co-educational)” substitute “\n                  paragraphs 3 and 4 of Schedule 11 to the Equality Act 2010 (single-sex schools turning co-educational)\n           ” . \n94) In section 91(7)\n\t\t\t(enforcement of disciplinary penalties) for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . *Finance Act 2007*\n\n95) In paragraph 7(7) of Schedule 18 to the Finance Act 2007\n\t\t\t\t\t\t\t(pension schemes: abolition of relief for life insurance premium contributions etc )— \n\ta) for  “Employment Equality (Age) Regulations 2006 ( SI 2006/1031)” substitute “\n                      Equality Act 2010, so far as relating to age,\n             ” , and \n\tb) for  “them” substitute “\n                      those Regulations\n             ” . *UK Borders Act 2007*\n\n96) In section 48(2)(f) of the UK Borders Act 2007\n\t\t\t\t\t\t\t(recommendations by Chief Inspector of UK Border Agency) for  “section 19D of the Race Relations Act 1976 (c.74)” substitute “\n                  paragraph 17 of Schedule 3 to the Equality Act 2010\n           ” . *Regulatory Enforcement and Sanctions Act 2008*\n\n97) The Regulatory Enforcement and Sanctions Act 2008 is amended as follows. \n98) Insert after section 38(2)\n\t\t\t(meaning of  “relevant offence”)— \n3) The entry in Schedule 6 for Part 5 of the Disability Discrimination Act 1995 is, in relation to England and Wales and Scotland, to be read as a reference to Part 12 of the Equality Act 2010. \n99) In Schedule 3 (enactments specified for the purposes of the Part relating to LBRO) omit  “Disability Discrimination Act 1995 (c. 50)”. *Apprenticeships, Skills, Children and Learning Act 2009*\n\n100) In section 218(3)(b) of the Apprenticeships, Skills, Children and Learning Act 2009\n\t\t\t\t\t\t\t(arrangements etc to be made by Commission) for  “section 1(1) of the Disability Discrimination Act 1995 (c.50)” substitute “\n                  section 6 of the Equality Act 2010\n           ” . ## Part 2\n## Acts of the Scottish Parliament\n\n*Education (Disability Strategies and Pupils' Educational Records)(Scotland) Act 2002*\n\n101) In section 6 of the Education (Disability Strategies and Pupils' Educational Records)\n\t\t\t(Scotland) Act 2002\n\t\t\t\t\t(interpretation) in the definition of  “pupil with a disability” for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . *Freedom of Information (Scotland) Act 2002*\n\n102) The Freedom of Information (Scotland) Act 2002 is amended as follows. \n103) In section 11(5)\n\t\t\t(means of providing information) for  “provider of services has under or by virtue of section 21 of the Disability Discrimination Act 1995 (c. 50)” substitute “\n                  person has under or by virtue of section 29 of the Equality Act 2010 (provision of services etc)\n           ” . \n104) In section 12(6)\n\t\t\t(excessive cost of compliance) for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . *Dog Fouling (Scotland) Act 2003*\n\n105) In section 16 of the Dog Fouling (Scotland) Act 2003\n\t\t\t\t\t\t\t\t(interpretation) in the definition of  “disabled person” for  “section 1 of the Disability Discrimination Act 1995 (c.50)” substitute “\n                  section 6 of the Equality Act 2010\n           ” . *Education (Additional Support for Learning)\n\t\t\t\t(Scotland) Act 2004*\n\n106) Paragraph 3(1)(e) of schedule 2 to the Education (Additional Support for Learning)\n\t\t\t(Scotland) Act 2004\n\t\t\t\t\t\t\t\t(exclusion to duty to comply with placing requests) is amended as follows— \n\ta) for  “section 26 of the Sex Discrimination Act 1975 (c.65))” substitute “\n                      paragraph 1(2) of Part 1 of Schedule 11 to the Equality Act 2010\n             ” , and \n\tb) for  “section”, where it occurs for the second time, substitute, “\n                      paragraph\n             ” . *Housing (Scotland) Act 2006*\n\n106A) In section 194(1) of the Housing (Scotland) Act 2006\n\t\t\t\t\t(interpretation), in the definition of  “disabled person”, for  “Disability Discrimination Act 1995 (c. 50)” substitute Equality Act 2010. *Education (Additional Support for Learning)\n\t\t\t\t(Scotland) Act 2009*\n\n107) In section 9 of the Education (Additional Support for Learning)\n\t\t\t(Scotland) Act 2009\n\t\t\t\t\t\t\t\t(functions of education authority in relation to certain pre-school children etc ), in the amendment to section 5(3)(c) of the Education (Additional Support for Learning)\n\t\t\t(Scotland) Act 2004, for  “Disability Discrimination Act 1995 (c.50)” substitute “\n                  Equality Act 2010\n           ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/26",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/26",
    "legislation_id": "ukpga/2010/15",
    "title": "Amendments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
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    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782220Z",
    "text": "Section 218) **Short title**\nThis Act may be cited as the Equality Act 2010. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/218",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/218",
    "legislation_id": "ukpga/2010/15",
    "title": "Short title",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
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    "number": 218,
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    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782360Z",
    "text": "SCHEDULE 27 Repeals and revocations Section 211 ## Part 1\n## Repeals\n\nShort titleExtent of RepealThe Sex Disqualification Removal Act 1919The whole Act.Equal Pay Act 1970The whole Act.Sex Discrimination Act 1975The whole Act.Race Relations Act 1976The whole Act.Estate Agents Act 1979In section 5(3)\n\t\t\t\t\t\t\t “those Acts and”.Further Education Act 1985Section 4.Sex Discrimination Act 1986The whole Act.Local Government Act 1988Section 17(9).Section 18.Section 19(10).Employment Act 1989Sections 1 to 7.Section 9.Section 28(2), (3) and (4)(a).In section 29(1) the definition of  “the 1975 Act”.Local Government and Housing Act 1989Section 7(2)(c),(d) and (f).Social Security Act 1989In Schedule 5—ain paragraph 2(4) from  “; but where” to the end, andbparagraph 5.Enterprise and New Towns (Scotland) Act 1990Section 18.Contracts (Applicable Law) Act 1990In Schedule 4 in paragraph 1  “Section 1(11) of the Equal Pay Act 1970 and” and the cross-heading referring to the Equal Pay Act 1970.Further and Higher Education Act 1992In Schedule 8, paragraphs 75 to 88.Trade Union and Labour Relations (Consolidation) Act 1992In Schedule A2 the entries for—athe Equal Pay Act 1970;bthe Sex Discrimination Act 1975;cthe Race Relations Act 1976;dthe Disability Discrimination Act 1995;ethe Employment Equality (Sexual Orientation) Regulations 2003;fthe Employment Equality (Religion or Belief) Regulations 2003;gthe Employment Equality (Age) Regulations 2006.In Schedule 2, paragraph 3(1) to (3) and the preceding cross-heading.Trade Union Reform and Employment Rights Act 1993In section 39(2)\n\t\t\t\t\t\t\t “the Sex Discrimination Act 1975, the Race Relations Act 1976, and”.In Schedule 6, paragraphs 1 and 2.In Schedule 7, paragraph 8.Race Relations (Remedies) Act 1994The whole Act.Disability Discrimination Act 1995The whole Act.Pensions Act 1995Sections 62 to 66.Employment Tribunals Act 1996Section 18(1)(c), (k), (l) and (r).Section 21(1)(a), (b), (c), (e), (l), (m) and (s).In Schedule 2, paragraph 7.Employment Rights Act 1996In Schedule 1, paragraph 1 and the preceding cross-heading.Armed Forces Act 1996Sections 21, 23 and 24.Education Act 1996In Schedule 36A, in the table, the entries for the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995.In Schedule 37, paragraphs 31, 32, 34 to 36, 37(b), 39, 40 and 43.Employment Rights (Dispute Resolution) Act 1998Section 8(1), (2) and (4).Section 9(2)(a), (b) and (d).Section 10(2)(a), (b) and (d).In Schedule 1, paragraphs 2, 3 and 11.School Standards and Framework Act 1998In Schedule 30, paragraphs 5, 6 and 7.Greater London Authority Act 1999Section 404.Learning and Skills Act 2000Section 150(4)(d) and the  “or” immediately preceding it.In Schedule 9, paragraphs 5, 6, 7 and 9 and the preceding cross-heading.Race Relations (Amendment) Act 2000Section 1.Sections 3 to 10.Schedule 2, except for paragraphs 17 and 31.Schedule 3.Standards In Scotland's Schools etc. Act 2000In schedule 2, paragraph 2.Special Educational Needs and Disability Act 2001Sections 11 to 33.Section 34(4), (5), (6) and (7).Sections 38 to 40.Schedules 2 to 6.Sex Discrimination (Election Candidates) Act 2002Section 1.Employment Act 2002Section 42 and the preceding cross-heading.In Schedule 5, the entries for—athe Equal Pay Act 1970;bthe Sex Discrimination Act 1975;cthe Race Relations Act 1976;dthe Disability Discrimination Act 1995;ethe Employment Equality (Sexual Orientation) Regulations 2003;fthe Employment Equality (Religion or Belief) Regulations 2003;gthe Employment Equality (Age) Regulations 2006.Education Act 2002In Schedule 7, paragraph 5 and the preceding cross-heading.In Schedule 18, paragraphs 7 to 12.In Schedule 21, paragraphs 3 and 26 to 29 and the cross-headings preceding paragraphs 3 and 26.Private Hire Vehicles (Carriage of Guide Dogs etc) Act 2002Sections 1 and 3 to 5.Nationality, Immigration and Asylum Act 2002In Schedule 7, paragraphs 11, 12 and 14 and the preceding cross-heading.Gender Recognition Act 2004Section 19.In Schedule 6, Part 1.Civil Partnership Act 2004Section 6(1)(b) and (2).Higher Education Act 2004Section 19.Education (Additional Support for Learning)\n\t\t\t\t\t\t\t(Scotland) Act 2004In section 17(1)\n\t\t\t\t\t\t\t “to exercise the functions which are conferred on a Tribunal by virtue of this Act”.Disability Discrimination Act 2005The whole Act except for—asection 3bsection 9cSchedule 1 paragraphs 31, 33, 34(1) and (6) and Part 2Serious Organised Crime and Police Act 2005Section 56(2)(a) and (b) and (4)(a), (b), (g) and (h) and the  “and” preceding each of paragraphs (g) and (h).Education Act 2005In Schedule 9, paragraph 8 and the preceding cross-heading.In Schedule 14, paragraphs 5 and 7.In Schedule 15, paragraph 6.Charities and Trustee Investment (Scotland) Act 2005In schedule 4, paragraph 3.Equality Act 2006Section 25.Section 26.Section 33.Section 43.Part 2.Section 81Part 4.In Section 94(3)\n\t\t\t\t\t\t\t “and 41 to 56” and  “and the Disability Discrimination Act 1995(c.50)”.In Schedule 3, paragraphs 6 to 35 and paragraphs 40 to 56.Education and Inspections Act 2006In Schedule 1, paragraph 1 and the preceding cross-heading.In Schedule 3, paragraph 3 and the preceding cross-heading.Legal Services Act 2007In Schedule 21, paragraphs 32, 36 to 38 and 118 and the cross-headings preceding paragraphs 32 and 118.Greater London Authority Act 2007Section 11(5).Regulatory Enforcement and Sanctions Act 2008In Schedule 3,  “Disability Discrimination Act 1995 (c.50)”.In Schedule 6,  “Disability Discrimination Act 1995 (c.50)”.Education and Skills Act 2008In Schedule 1, paragraphs 1 to 4 and the cross-heading preceding paragraph 1.Local Transport Act 2008Section 55.Section 56.Apprenticeships, Skills, Children and Learning Act 2009Section 221(3). ## PART 1A\n## REPEALS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011\n\nShort titleExtent of repealRace Relations (Amendment) Act 2000Section 2.Schedule 1.In Schedule 2, paragraph 17.Nationality, Immigration and Asylum Act 2002Section 6(5).Water Act 2003In Schedule 7, paragraph 22.Courts Act 2003In Schedule 8, paragraph 187.Health and Social Care (Community Health and Standards) Act 2003In Schedule 4, paragraphs 21 and 22.Health Protection Agency Act 2004In Schedule 3, paragraph 8.Energy Act 2004In Schedule 14, paragraph 4.Fire and Rescue Services Act 2004In Schedule 1, paragraph 48.Civil Contingencies Act 2004In Schedule 2, paragraph 10(3)(a).Disability Discrimination Act 2005Section 3.Serious Organised Crime and Police Act 2005In Schedule 4, paragraphs 33 to 35.Education Act 2005In Schedule 14, paragraphs 6 and 8.Gambling Act 2005In Schedule 16, paragraph 9.London Olympic Games and Paralympic Games Act 2006In Schedule 1, paragraph 21.Natural Environment and Rural Communities Act 2006In Schedule 11—aparagraph 61, andbin paragraph 175(2),  “in the Race Relations Act 1976 (c. 74), Part 2 of Schedule 1A;”.National Health Service (Consequential Provisions) Act 2006In Schedule 1, paragraphs 55 and 56.Police and Justice Act 2006In Schedule 1, paragraph 60.Tourist Boards (Scotland) Act 2006In Schedule 2, paragraph 3.Tribunals, Courts and Enforcement Act 2007In Schedule 8, paragraph 7.Offender Management Act 2007In Schedule 3, paragraphs 1 and 7.Legal Services Act 2007In Schedule 21, paragraph 39.Health and Social Care Act 2008In Schedule 5, paragraph 59.In Schedule 10, paragraph 6.Housing and Regeneration Act 2008In Schedule 8, paragraph 21.In Schedule 9, paragraph 4.Local Transport Act 2008In Schedule 4, paragraph 49.Climate Change Act 2008In Schedule 1, paragraph 32.Pensions Act 2008In Schedule 1, paragraph 25.Local Democracy, Economic Development and Construction Act 2009In Schedule 6, paragraph 44.Apprenticeships, Skills, Children and Learning Act 2009In Schedule 6, paragraph 1.In Schedule 12, paragraph 7.Marine and Coastal Access Act 2009In Schedule 2, paragraph 4.Policing and Crime Act 2009Section 2(3). ## Part 2\n## Revocations\n\nTitleExtent of revocationOccupational Pension Schemes (Equal Treatment) Regulations 1995 (S.I. 1995/3183)The whole Regulations.Employment Equality (Religion or Belief) Regulations 2003 (S.I. 2003/1660)The whole Regulations.Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661)The whole Regulations.Disability Discrimination Act 1995 (Pensions) Regulations 2003 (S.I. 2003/2770)The whole Regulations.Occupational Pension Schemes (Equal Treatment)\n\t\t\t\t\t(Amendment) Regulations 2005 (S.I. 2005/1923)The whole Regulations.Employment Equality (Age) Regulations 2006 (S.I. 2006/1031)The whole Regulations (other than Schedules 6 and 8).Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263)The whole Regulations.Sex Discrimination (Amendment of Legislation) Regulations 2008 (S.I. 2008/963)The whole Regulations. ## PART 3\n## REVOCATIONS RELATING TO THE COMMENCEMENT OF THE PUBLIC SECTOR EQUALITY DUTY ON 5TH APRIL 2011\n\nTitleExtent of revocationNational Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469)In Schedule 1, paragraph 9.Health Professions Order 2001 (Consequential Amendments) Order 2003 (S.I. 2003/1590)In the Schedule, paragraph 4.Further and Higher Education (Scotland) Act 2005 (Consequential Modifications) Order 2005 (S.I. 2005/2077)Article 5.Water Services etc. (Scotland) Act 2005 (Consequential Provisions and Modifications) Order 2005 (S.I. 2005/3172)In the Schedule, paragraph 2.References to Health Authorities Order 2007 (S.I. 2007/961)In the Schedule, paragraph 12.Tourist Boards (Scotland) Act 2006 (Consequential Modifications) Order 2007 (S.I. 2007/1103)In the Schedule, paragraph 3.Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388)In Schedule 1, paragraphs 10 to 16.Agriculture and Horticulture Development Board Order 2008 (S.I. 2008/576)In Schedule 5, paragraph 4.Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments)\n\t\t\t\t\t(England and Wales) Order 2010 (S.I. 2010/1080)In Schedule 1, paragraphs 9 to 11.Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158)In Schedule 2, in Part 2, paragraph 30. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/27",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/27",
    "legislation_id": "ukpga/2010/15",
    "title": "Repeals and revocations",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
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    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781738Z",
    "text": "Section 149) **Public sector equality duty**\n\n1) A public authority must, in the exercise of its functions, have due regard to the need to— \n\ta) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; \n\tb) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; \n\tc) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. \n2) A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1). \n3) Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to— \n\ta) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; \n\tb) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; \n\tc) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. \n4) The steps involved in meeting the needs of disabled persons that are different from the needs of persons who are not disabled include, in particular, steps to take account of disabled persons' disabilities. \n5) Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to— \n\ta) tackle prejudice, and \n\tb) promote understanding. \n6) Compliance with the duties in this section may involve treating some persons more favourably than others; but that is not to be taken as permitting conduct that would otherwise be prohibited by or under this Act. \n7) The relevant protected characteristics are— \n\t- age;\n\t- disability;\n\t- gender reassignment;\n\t- pregnancy and maternity;\n\t- race;\n\t- religion or belief;\n\t- sex;\n\t- sexual orientation.\n8) A reference to conduct that is prohibited by or under this Act includes a reference to— \n\ta) a breach of an equality clause or rule; \n\tb) a breach of a non-discrimination rule. \n9) Schedule 18 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/149",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/149",
    "legislation_id": "ukpga/2010/15",
    "title": "Public sector equality duty",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
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    "number": 149,
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    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782197Z",
    "text": "Section 212) **General interpretation**\n\n1) In this Act— \n\t- “armed forces” means any of the naval, military or air forces of the Crown;\n\t- “the Commission” means the Commission for Equality and Human Rights;\n\t- “detriment” does not, subject to subsection (5), include conduct which amounts to harassment;\n\t- “the Education Acts” has the meaning given in section 578 of the Education Act 1996;\n\t- “employment” and related expressions are (subject to subsection (11)) to be read with section 83;\n\t- “enactment” means an enactment contained in— an Act of Parliament,an Act of the Scottish Parliament,an Act or Measure of the National Assembly for Wales, orsubordinate legislation;\n\t- “equality clause” means a sex equality clause or maternity equality clause;\n\t- “equality rule” means a sex equality rule or maternity equality rule;\n\t- “man” means a male of any age;\n\t- “maternity equality clause” has the meaning given in section 73;\n\t- “maternity equality rule” has the meaning given in section 75;\n\t- “non-discrimination rule” has the meaning given in section 61;\n\t- “occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993;\n\t- “parent” has the same meaning as in— the Education Act 1996 (in relation to England and Wales);the Education (Scotland) Act 1980 (in relation to Scotland);\n\t- “prescribed” means prescribed by regulations;\n\t- “profession” includes a vocation or occupation;\n\t- “sex equality clause” has the meaning given in section 66;\n\t- “sex equality rule” has the meaning given in section 67;\n\t- “subordinate legislation” means— subordinate legislation within the meaning of the Interpretation Act 1978, oran instrument made under an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales;\n\t- “substantial” means more than minor or trivial;\n\t- “trade” includes any business;\n\t- “woman” means a female of any age.\n2) A reference (however expressed) to an act includes a reference to an omission. \n3) A reference (however expressed) to an omission includes (unless there is express provision to the contrary) a reference to— \n\ta) a deliberate omission to do something; \n\tb) a refusal to do it; \n\tc) a failure to do it. \n4) A reference (however expressed) to providing or affording access to a benefit, facility or service includes a reference to facilitating access to the benefit, facility or service. \n5) Where this Act disapplies a prohibition on harassment in relation to a specified protected characteristic, the disapplication does not prevent conduct relating to that characteristic from amounting to a detriment for the purposes of discrimination within section 13 because of that characteristic. \n6) A reference to occupation, in relation to premises, is a reference to lawful occupation. \n7) The following are members of the executive— \n\ta) a Minister of the Crown; \n\tb) a government department; \n\tc) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government; \n\td) any part of the Scottish Administration. \n8) A reference to a breach of an equality clause or rule is a reference to a breach of a term modified by, or included by virtue of, an equality clause or rule. \n9) A reference to a contravention of this Act does not include a reference to a breach of an equality clause or rule, unless there is express provision to the contrary. \n10) “Member”, in relation to an occupational pension scheme, means an active member, a deferred member or a pensioner member (within the meaning, in each case, given by section 124 of the Pensions Act 1995). \n11) “Employer”,  “deferred member”,  “pension credit member”,  “pensionable service”,  “pensioner member” and  “trustees or managers” each have, in relation to an occupational pension scheme, the meaning given by section 124 of the Pensions Act 1995. \n12) A reference to the accrual of rights under an occupational pension scheme is to be construed in accordance with that section. \n13) Nothing in section 28, 32, 84, 90, 95 or 100 is to be regarded as an express exception. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/212",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/212",
    "legislation_id": "ukpga/2010/15",
    "title": "General interpretation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
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    "number": 212,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781575Z",
    "text": "Section 113) **Proceedings**\n\n1) Proceedings relating to a contravention of this Act must be brought in accordance with this Part. \n2) Subsection (1) does not apply to proceedings under Part 1 of the Equality Act 2006. \n3) Subsection (1) does not prevent— \n\ta) a claim for judicial review; \n\tb) proceedings under the Immigration Acts; \n\tc) proceedings under the Special Immigration Appeals Commission Act 1997; \n\td) in Scotland, an application to the supervisory jurisdiction of the Court of Session. \n4) This section is subject to any express provision of this Act conferring jurisdiction on a court or tribunal. \n5) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule. \n6) Chapters 2 and 3 do not apply to proceedings relating to an equality clause or rule except in so far as Chapter 4 provides for that. \n7) This section does not apply to— \n\ta) proceedings for an offence under this Act; \n\tb) proceedings relating to a penalty under Part 12 (disabled persons: transport). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/113",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/113",
    "legislation_id": "ukpga/2010/15",
    "title": "Proceedings",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
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    "number": 113,
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    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781183Z",
    "text": "Section 27) **Victimisation**\n\n1) A person (A) victimises another person (B) if A subjects B to a detriment because— \n\ta) B does a protected act, or \n\tb) A believes that B has done, or may do, a protected act. \n2) Each of the following is a protected act— \n\ta) bringing proceedings under this Act; \n\tb) giving evidence or information in connection with proceedings under this Act; \n\tc) doing any other thing for the purposes of or in connection with this Act; \n\td) making an allegation (whether or not express) that A or another person has contravened this Act. \n3) Giving false evidence or information, or making a false allegation, is not a protected act if the evidence or information is given, or the allegation is made, in bad faith. \n4) This section applies only where the person subjected to a detriment is an individual. \n5) The reference to contravening this Act includes a reference to committing a breach of an equality clause or rule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/27",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/27",
    "legislation_id": "ukpga/2010/15",
    "title": "Victimisation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
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    "number": 27,
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    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781675Z",
    "text": "Section 137) **Previous findings**\n\n1) A finding in relevant proceedings in respect of an act which has become final is to be treated as conclusive in proceedings under this Act. \n2) Relevant proceedings are proceedings before a court or employment tribunal under any of the following— \n\ta) section 19 or 20 of the Race Relations Act 1968; \n\tb) the Equal Pay Act 1970; \n\tc) the Sex Discrimination Act 1975; \n\td) the Race Relations Act 1976; \n\te) section 6(4A) of the Sex Discrimination Act 1986; \n\tf) the Disability Discrimination Act 1995; \n\tg) Part 2 of the Equality Act 2006; \n\th) the Employment Equality (Religion and Belief) Regulations 2003 ( S.I. 2003/1660); \n\ti) the Employment Equality (Sexual Orientation) Regulations 2003 (S.I. 2003/1661); \n\tj) the Employment Equality (Age) Regulations 2006 (S.I. 2006/1031); \n\tk) the Equality Act (Sexual Orientation) Regulations 2007 (S.I. 2007/1263). \n3) A finding becomes final— \n\ta) when an appeal against the finding is dismissed, withdrawn or abandoned, or \n\tb) when the time for appealing expires without an appeal having been brought. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/137",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/137",
    "legislation_id": "ukpga/2010/15",
    "title": "Previous findings",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 137,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781803Z",
    "text": "Section 161) **Control of numbers of licensed taxis: exception**\n\n1) This section applies if— \n\ta) an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847, \n\tb) it is possible for a disabled person— \n\t\ti) to get into and out of the vehicle in safety, \n\t\tii) to travel in the vehicle in safety and reasonable comfort, and \n\t\tiii) to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size prescribed by the Secretary of State, and \n\tc) the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is prescribed by the Secretary of State. \n2) Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section. \n3) In section 16 of the Transport Act 1985, after  “shall” insert “\n                    (subject to section 161 of the Equality Act 2010)\n             ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/161",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/161",
    "legislation_id": "ukpga/2010/15",
    "title": "Control of numbers of licensed taxis: exception",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 161,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781383Z",
    "text": "Section 66) **Sex equality clause**\n\n1) If the terms of A's work do not (by whatever means) include a sex equality clause, they are to be treated as including one. \n2) Where this section applies by virtue of section 64(1), a sex equality clause is a provision that has the following effect— \n\ta) if a term of A's is less favourable to A than a corresponding term of B's is to B, A's term is modified so as not to be less favourable; \n\tb) if A does not have a term which corresponds to a term of B's that benefits B, A's terms are modified so as to include such a term. \n3) Subsection (2)(a) applies to a term of A's relating to membership of or rights under an occupational pension scheme only in so far as a sex equality rule would have effect in relation to the term. \n4) In the case of work within section 65(1)(b), a reference in subsection (2) above to a term includes a reference to such terms (if any) as have not been determined by the rating of the work (as well as those that have). \n5) Where this section applies by virtue of section 64(3), a sex equality clause is a provision that has the effect that if, by virtue of the application of the guaranteed minimum pension provisions, a term of A’s that relates to membership of or rights under the scheme concerned is less favourable to A than it would be if A were of the opposite sex, the term, in so far as a sex equality rule would have effect in relation to it, is modified so as not to be less favourable. \n6) “Guaranteed minimum pension provisions” means so much of the Pension Schemes Act 1993 and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/66",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/66",
    "legislation_id": "ukpga/2010/15",
    "title": "Sex equality clause",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 66,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782170Z",
    "text": "Section 205) **Crown application**\n\n1) The following provisions of this Act bind the Crown— \n\ta) Part 1 (public sector duty regarding socio-economic inequalities); \n\tb) Part 3 (services and public functions), so far as relating to the exercise of public functions; \n\tc) Chapter 1 of Part 11 (public sector equality duty). \n2) Part 5 (work) binds the Crown as provided for by that Part. \n3) The remainder of this Act applies to Crown acts as it applies to acts done by a private person. \n4) For the purposes of subsection (3), an act is a Crown act if (and only if) it is done— \n\ta) by or on behalf of a member of the executive, \n\tb) by a statutory body acting on behalf of the Crown, or \n\tc) by or on behalf of the holder of a statutory office acting on behalf of the Crown. \n5) A statutory body or office is a body or office established by an enactment. \n6) The provisions of Parts 2 to 4 of the Crown Proceedings Act 1947 apply to proceedings against the Crown under this Act as they apply to proceedings in England and Wales which, as a result of section 23 of that Act, are treated for the purposes of Part 2 of that Act as civil proceedings by or against the Crown. \n7) The provisions of Part 5 of that Act apply to proceedings against the Crown under this Act as they apply to proceedings in Scotland which, as a result of that Part, are treated as civil proceedings by or against the Crown. \n8) But the proviso to section 44 of that Act (removal of proceedings from the sheriff to the Court of Session) does not apply to proceedings under this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/205",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/205",
    "legislation_id": "ukpga/2010/15",
    "title": "Crown application",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 205,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781671Z",
    "text": "Section 136) **Burden of proof**\n\n1) This section applies to any proceedings relating to a contravention of this Act. \n2) If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred. \n3) But subsection (2) does not apply if A shows that A did not contravene the provision. \n4) The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule. \n5) This section does not apply to proceedings for an offence under this Act. \n6) A reference to the court includes a reference to— \n\ta) an employment tribunal; \n\tb) the Asylum and Immigration Tribunal; \n\tc) the Special Immigration Appeals Commission; \n\td) the First-tier Tribunal; \n\te) the Education Tribunal for Wales ; \n\tf) the First-tier Tribunal for Scotland Health and Education Chamber . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/136",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/136",
    "legislation_id": "ukpga/2010/15",
    "title": "Burden of proof",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 136,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781707Z",
    "text": "Section 141) **Interpretation, etc.**\n\n1) This section applies for the purposes of this Part. \n2) A reference to the responsible person, in relation to an equality clause or rule, is to be construed in accordance with Chapter 3 of Part 5. \n3) A reference to a worker is a reference to the person to the terms of whose work the proceedings in question relate; and, for the purposes of proceedings relating to an equality rule or a non-discrimination rule, a reference to a worker includes a reference to a member of the occupational pension scheme in question. \n4) A reference to the terms of a person's work is to be construed in accordance with Chapter 3 of Part 5. \n5) A reference to a member of an occupational pension scheme includes a reference to a prospective member. \n6) In relation to proceedings in England and Wales, a person has an incapacity if the person— \n\ta) has not attained the age of 18, or \n\tb) lacks capacity (within the meaning of the Mental Capacity Act 2005). \n7) In relation to proceedings in Scotland, a person has an incapacity if the person— \n\ta) has not attained the age of 16, or \n\tb) is incapable (within the meaning of the Adults with Incapacity (Scotland) Act 2000 (asp 4)). \n8) Service complaint” means a complaint made under section 340A(1) or (2) of the Armed Forces Act 2006. \n9) “Criminal matter” means— \n\ta) an investigation into the commission of an alleged offence; \n\tb) a decision whether to commence criminal proceedings; \n\tc) criminal proceedings. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/141",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/141",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 141,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782318Z",
    "text": "SCHEDULE 18 Public sector equality duty: exceptions Section 149 *Children*\n\n1) \n1) Section 149, so far as relating to age, does not apply to the exercise of a function relating to— \n\ta) the provision of education to pupils in schools; \n\tb) the provision of benefits, facilities or services to pupils in schools; \n\tc) the provision of accommodation, benefits, facilities or services in community homes pursuant to section 53(1) of the Children Act 1989; \n\td) the provision of accommodation, benefits, facilities or services pursuant to arrangements under section 82(5) of that Act (arrangements by the Secretary of State relating to the accommodation of children); \n\te) the provision of accommodation, benefits, facilities or services in residential establishments pursuant to section 26(1)(b) of the Children (Scotland) Act 1995. \n2) “Pupil” and  “school” each have the same meaning as in Chapter 1 of Part 6. *Immigration*\n\n2) \n1) In relation to the exercise of immigration and nationality functions, section 149 has effect as if subsection (1)(b) did not apply to the protected characteristics of age, race or religion or belief; but for that purpose  “race” means race so far as relating to— \n\ta) nationality, or \n\tb) ethnic or national origins. \n2) “Immigration and nationality functions” means functions exercisable by virtue of— \n\ta) the Immigration Acts (excluding sections 28A to 28K of the Immigration Act 1971 so far as they relate to criminal offences), \n\tb) the British Nationality Act 1981, \n\tc) the British Nationality (Falkland Islands) Act 1983, \n\td) the British Nationality (Hong Kong) Act 1990, \n\te) the Hong Kong (War Wives and Widows) Act 1996, \n\tf) the British Nationality (Hong Kong) Act 1997, \n\tg) the Special Immigration Appeals Commission Act 1997, or \n\th) anything which forms part of assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and (in either case) relates to the subject matter of an enactment within paragraphs (a) to (g). *Judicial functions, etc.*\n\n3) \n1) Section 149 does not apply to the exercise of— \n\ta) a judicial function; \n\tb) a function exercised on behalf of, or on the instructions of, a person exercising a judicial function. \n2) The references to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal. *Exceptions that are specific to section 149(2)*\n\n4) \n1) Section 149(2) (application of section 149(1) to persons who are not public authorities but by whom public functions are exercisable) does not apply to— \n\ta) a person listed in sub-paragraph (2); \n\tb) the exercise of a function listed in sub-paragraph (3). \n2) Those persons are— \n\ta) the House of Commons; \n\tb) the House of Lords; \n\tc) the Scottish Parliament; \n\td) the National Assembly for Wales; \n\te) the General Synod of the Church of England; \n\tf) the Security Service; \n\tg) the Secret Intelligence Service; \n\th) the Government Communications Headquarters; \n\ti) a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters. \n3) Those functions are— \n\ta) a function in connection with proceedings in the House of Commons or the House of Lords; \n\tb) a function in connection with proceedings in the Scottish Parliament (other than a function of the Scottish Parliamentary Corporate Body); \n\tc) a function in connection with proceedings in the National Assembly for Wales (other than a function of the Assembly Commission). *Power to amend Schedule*\n\n5) \n1) A Minister of the Crown may by order amend this Schedule so as to add, vary or omit an exception to section 149. \n2) But provision by virtue of sub-paragraph (1) may not amend this Schedule— \n\ta) so as to omit an exception in paragraph 3; \n\tb) so as to omit an exception in paragraph 4(1) so far as applying for the purposes of paragraph 4(2)(a) to (e) or (3); \n\tc) so as to reduce the extent to which an exception referred to in paragraph (a) or (b) applies. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/18",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/18",
    "legislation_id": "ukpga/2010/15",
    "title": "Public sector equality duty: exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781273Z",
    "text": "Section 40A) **Employer duty to prevent sexual harassment of employees**\n\n1) An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment. \n2) “Sexual harassment” in subsection (1) means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature). \n3) A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8) and (9), is enforceable only by the Commission under that Part or by an employment tribunal in accordance with section 124A (compensation uplift in employee sexual harassment cases)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/40A",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/40A",
    "legislation_id": "ukpga/2010/15",
    "title": "Employer duty to prevent sexual harassment of employees",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781387Z",
    "text": "Section 67) **Sex equality rule**\n\n1) If an occupational pension scheme does not include a sex equality rule, it is to be treated as including one. \n2) Where this section applies by virtue of section 64(1), a sex equality rule is a provision that has the following effect— \n\ta) if a relevant term is less favourable to A than it is to B, the term is modified so as not to be less favourable; \n\tb) if a term confers a relevant discretion capable of being exercised in a way that would be less favourable to A than to B, the term is modified so as to prevent the exercise of the discretion in that way. \n2A) Where this section applies by virtue of section 64(3), a sex equality rule is a provision that has the following effect— \n\ta) if, by virtue of the application of the guaranteed minimum pension provisions, a relevant term is less favourable to A than it would be if A were of the opposite sex, the term is modified so as not to be less favourable; \n\tb) if, by virtue of the application of those provisions, a term confers a relevant discretion capable of being exercised in a way that would be less favourable to A than it would be if A were of the opposite sex, the term is modified so as to prevent the exercise of the discretion in that way. \n2B) “Guaranteed minimum pension provisions” means so much of the Pension Schemes Act 1993 and of any other enactment as relates to guaranteed minimum pensions (within the meaning of that Act). \n3) A term is relevant if it is— \n\ta) a term on which persons become members of the scheme, or \n\tb) a term on which members of the scheme are treated. \n4) A discretion is relevant if its exercise in relation to the scheme is capable of affecting— \n\ta) the way in which persons become members of the scheme, or \n\tb) the way in which members of the scheme are treated. \n5) The reference in subsection (3)(b) to a term on which members of a scheme are treated includes a reference to the term as it has effect for the benefit of dependants of members. \n6) The reference in subsection (4)(b) to the way in which members of a scheme are treated includes a reference to the way in which they are treated as the scheme has effect for the benefit of dependants of members. \n7) If the effect of a relevant matter on a person (A) differs according to the effect it has on a person of the same sex as A, according to whether A is married, in a civil partnership, or for some other reason due to A’s family status, a comparison for the purposes of this section of the effect of that matter on persons of the opposite sex must be with a person of the opposite sex to A who is in the same position as A and in particular— \n\ta) where A is married to , or the civil partner of, someone of the opposite sex, A is to be compared to a person of the opposite sex to A (“B”) where B is married to or (as the case may be) the civil partner of someone of the opposite sex to B; \n\tb) where A is married to, or the civil partner of, someone of the same sex, A is to be compared to B where B is married to or (as the case may be) the civil partner of someone of the same sex as B. \n8) A relevant matter is— \n\ta) a relevant term; \n\tb) a term conferring a relevant discretion; \n\tc) the exercise of a relevant discretion in relation to an occupational pension scheme. \n9) This section, so far as relating to the terms on which persons become members of an occupational pension scheme, does not have effect in relation to pensionable service before 8 April 1976. \n10) This section, so far as relating to the terms on which members of an occupational pension scheme are treated, does not have effect in relation to pensionable service before 17 May 1990. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/67",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/67",
    "legislation_id": "ukpga/2010/15",
    "title": "Sex equality rule",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 67,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781635Z",
    "text": "Section 127) **Jurisdiction**\n\n1) An employment tribunal has, subject to subsection (6), jurisdiction to determine a complaint relating to a breach of an equality clause or rule. \n2) The jurisdiction conferred by subsection (1) includes jurisdiction to determine a complaint arising out of a breach of an equality clause or rule; and a reference in this Chapter to a complaint relating to such a breach is to be read accordingly. \n3) An employment tribunal also has jurisdiction to determine an application by a responsible person for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of an equality clause or rule. \n4) An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of an equality rule. \n5) An employment tribunal also has jurisdiction to determine a question that— \n\ta) relates to an equality clause or rule, and \n\tb) is referred to the tribunal by virtue of section 128(2). \n6) This section does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless— \n\ta) the complainant has made a service complaint about the matter, and \n\tb) the complaint has not been withdrawn. \n7) Subsections (2) to (6) of section 121 apply for the purposes of subsection (6) of this section as they apply for the purposes of subsection (1) of that section. \n8) In proceedings before an employment tribunal on a complaint relating to a breach of an equality rule, the employer— \n\ta) is to be treated as a party, and \n\tb) is accordingly entitled to appear and be heard. \n9) Nothing in this section affects such jurisdiction as the High Court, the county court , the Court of Session or the sheriff has in relation to an equality clause or rule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/127",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/127",
    "legislation_id": "ukpga/2010/15",
    "title": "Jurisdiction",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 127,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782269Z",
    "text": "SCHEDULE 7 Equality of terms: exceptions Section 80 ## Part 1\n## Terms of work\n\n*Compliance with laws regulating employment of women, etc.*\n\n1) Neither a sex equality clause nor a maternity equality clause has effect in relation to terms of work affected by compliance with laws regulating— \n\ta) the employment of women; \n\tb) the appointment of women to personal or public offices. *Pregnancy, etc.*\n\n2) A sex equality clause does not have effect in relation to terms of work affording special treatment to women in connection with pregnancy or childbirth. ## Part 2\n## Occupational pension schemes\n\n*Preliminary*\n\n3) \n1) A sex equality rule does not have effect in relation to a difference as between men and women in the effect of a relevant matter if the difference is permitted by or by virtue of this Part of this Schedule. \n2) “Relevant matter” has the meaning given in section 67. *State retirement pensions*\n\n4) \n1) This paragraph applies where a man and a woman are eligible, in such circumstances as may be prescribed, to receive different amounts by way of pension. \n2) The difference is permitted if, in prescribed circumstances, it is attributable only to differences between men and women in the retirement benefits to which, in prescribed circumstances, the man and woman are or would be entitled. \n3) “Retirement benefits” are benefits under sections 43 to 55 of the Social Security Contributions and Benefits Act 1992 (state retirement pensions) or sections 2 to 12 of the Pensions Act 2014 (state pension) . *Actuarial factors*\n\n5) \n1) A difference as between men and women is permitted if it consists of applying to the calculation of the employer's contributions to an occupational pension scheme actuarial factors which— \n\ta) differ for men and women, and \n\tb) are of such description as may be prescribed. \n2) A difference as between men and women is permitted if it consists of applying to the determination of benefits of such description as may be prescribed actuarial factors which differ for men and women. *Power to amend*\n\n6) \n1) Regulations may amend this Part of this Schedule so as to add, vary or omit provision about cases where a difference as between men and women in the effect of a relevant matter is permitted. \n2) The regulations may make provision about pensionable service before the date on which they come into force (but not about pensionable service before 17 May 1990). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/7",
    "legislation_id": "ukpga/2010/15",
    "title": "Equality of terms: exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
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    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781358Z",
    "text": "Section 60A) **Discriminatory statements**\n\n1) A person (A) must not make a discriminatory statement in connection with a relevant decision that A makes or might make. \n2) References in this section to a “relevant decision” are to be determined as follows— Where A is—A relevant decision is—An employerDeciding to whom to offer employmentA principal (as defined by section 41(5))Deciding whether to allow a contract worker (as defined by section 41(7)) to do, or to continue to do, workA firm or proposed firm (as defined by section 46(2) and (3))Deciding to whom to offer a position as a partner (read in accordance with section 44(8))An LLP or proposed LLP (as defined by section 46(4) and (5))Deciding to whom to offer a position as a memberA barrister or a barrister’s clerk (read in accordance with section 47(8))Deciding to whom to offer a pupillage or tenancyAn advocate (as defined by section 48(9)) or an advocate’s clerk (read in accordance with section 48(8))Deciding who to take as a devil or to whom to offer membership of a stableA person with power to make an appointment to a personal office (as defined by section 49(2))Deciding to whom to offer the appointmentA person with power to make an appointment to a public office within section 50(2)(a), (b) or (d)Deciding to whom to offer the appointmentA person with power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a), (b) or (d) (read in accordance with section 51(5))Deciding who to recommend for appointment or to whose appointment to give approvalA qualifications body (as defined by section 54)Deciding to whom to confer a relevant qualification (as defined by section 54)A person concerned with the provision of an employment service (read in accordance with section 56)Deciding on the selection of persons to whom to provide, or to whom to offer to provide, the employment serviceA trade organisation (as defined by section 57(7))Deciding to whom to offer membership of the organisation. \n3) For the purposes of subsection (1) a statement is discriminatory if— \n\ta) it is directed to the public or a section of the public, and \n\tb) were it made in connection with a relevant decision, the making of it would amount to treatment of a person that is direct discrimination. \n4) A statement made by a person (B) who— \n\ta) is not an employee of A acting in the course of B’s employment, and \n\tb) is not an agent of A acting with A’s authority, is to be treated for the purposes of this section as if made by A if there are reasonable grounds for the public, or a section of the public, to believe that B is capable of exercising decisive influence on the making by A of a relevant decision. \n5) Regard is to be had (among other things) to the factors mentioned in subsection (6) when determining— \n\ta) whether a statement is made in connection with a relevant decision for the purposes of subsection (1); \n\tb) whether there are reasonable grounds for the belief mentioned in subsection (4). \n6) The factors are— \n\ta) the status of the person making the statement at the time it is made; \n\tb) the nature and content of the statement; \n\tc) the context in which the statement is made; \n\td) in the case of a statement that A is treated as having made by virtue of subsection (4), the steps (if any) taken by A to disassociate A from the statement made by B. \n7) It does not matter for the purposes of this section whether or not— \n\ta) an individual has or may have been affected by the discriminatory statement in question; \n\tb) A has made, or plans to make, arrangements which would involve the making of a relevant decision. \n8) A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8), is enforceable only by the Commission under that Part). \n9) In subsection (3) the reference to direct discrimination is to a contravention of this Act by virtue of section 13 or 18. \n10) Nothing in this section limits or otherwise affects— \n\ta) other prohibitions imposed by this Chapter; \n\tb) the application of section 109 (liability of employers and principals for acts of employees and agents). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/60A",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/60A",
    "legislation_id": "ukpga/2010/15",
    "title": "Discriminatory statements",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782313Z",
    "text": "SCHEDULE 17 Disabled pupils: enforcement Section 116 ## Part 1\n## Introductory\n\n\n1) In this Schedule— \n\t- “the Tribunal” means— in relation to a school in England, the First-tier Tribunal;in relation to a school in Wales, the Education Tribunal for Wales;in relation to a school in Scotland,  the First-tier Tribunal for Scotland;\n\t- “the English Tribunal” means the First-tier Tribunal;\n\t- “the Welsh Tribunal” means the Education Tribunal for Wales ;\n\t- “the Scottish Tribunal” means the First-tier Tribunal for Scotland ;\n\t- “responsible body” is to be construed in accordance with section 85.## Part 2\n## Tribunals in England and Wales\n\n*Introductory*\n\n2) This Part of this Schedule applies in relation to the English Tribunal and the Welsh Tribunal. *Jurisdiction —\n\t\t\t\tEngland ...*\n\n3) A claim that a responsible body in England has contravened Chapter 1 of Part 6 because of a person's disability may be made — \n\ta) to the English Tribunal by the person's parent or, if the person is over compulsory school age, the person; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Jurisdiction — Wales*\n\n3A) \n1) A claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability may be made to the Tribunal by— \n\ta) the person (including a child not over compulsory school age), or \n\tb) if the person is a child not over compulsory school age, the person's parent . \n2) But this paragraph does not apply to a claim to which paragraph 13 or 14 applies. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) The exercise of rights under this paragraph is subject to provision made by regulations under paragraphs 6 and 6A(7) . *Time for bringing proceedings*\n\n4) \n1) Proceedings on a claim may not be brought after the end of the period of 6 months starting with the date when the conduct complained of occurred. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2A) If, in relation to proceedings or prospective proceedings on a claim under paragraph 3 or 3A, the dispute is referred for resolution in pursuance of arrangements under paragraph 6C  ... before the end of the period of 6 months mentioned in sub-paragraph (1), that period is extended by 3 months. \n3) The Tribunal may consider a claim which is out of time. \n4) Sub-paragraph (3) does not apply if the Tribunal has previously decided under that sub-paragraph not to consider a claim. \n5) For the purposes of sub-paragraph (1)— \n\ta) if the contravention is attributable to a term in a contract, the conduct is to be treated as extending throughout the duration of the contract; \n\tb) conduct extending over a period is to be treated as occurring at the end of the period; \n\tc) failure to do something is to be treated as occurring when the person in question decided on it. \n6) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something— \n\ta) when P acts inconsistently with doing it, or \n\tb) if P does not act inconsistently, on the expiry of the period in which P might reasonably have been expected to do it. *Powers*\n\n5) \n1) This paragraph applies if the Tribunal finds that the contravention has occurred. \n2) The Tribunal may make such order as it thinks fit. \n3) The power under sub-paragraph (2)— \n\ta) may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates; \n\tb) does not include power to order the payment of compensation. *Procedure*\n\n6) \n1) This paragraph applies in relation to the Welsh Tribunal. \n2) The Welsh Ministers may by regulations make provision as to— \n\ta) the proceedings on a claim under paragraph  ... 3A ; \n\tb) the making of a claim. \n3) The regulations may, in particular, include provision— \n\ta) as to the manner in which a claim must be made; \n\tb) for enabling functions relating to preliminary or incidental matters (including in particular a decision under paragraph 4(3) to be performed by the President or by the person occupying the chair); \n\tc) enabling hearings to be conducted in the absence of a member other than the person occupying the chair; \n\tca) for adding and substituting parties; \n\td) as to persons who may appear on behalf of the parties; \n\te) for granting such rights to disclosure or inspection of documents or to further particulars as may be granted by the county court; \n\tf) requiring persons to attend to give evidence and produce documents; \n\tg) for authorising the administration of oaths to witnesses; \n\th) for deciding claims without a hearing in prescribed circumstances; \n\ti) as to the withdrawal of claims; \n\tj) for enabling the Tribunal to stay proceedings; \n\tk) for the award of costs or expenses; \n\tl) for settling costs or expenses (and, in particular, for enabling costs to be assessed in the county court); \n\tm) for the registration and proof of decisions and orders; \n\tn) for enabling prescribed decisions to be reviewed, or prescribed orders to be varied or revoked, in such circumstances as may be decided in accordance with the regulations. \n4) Proceedings must be held in private, except in prescribed circumstances. \n5) The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the Tribunal as they may decide. \n6) Part 1 of the Arbitration Act 1996 does not apply to the proceedings, but regulations may make provision in relation to such proceedings that corresponds to a provision of that Part. \n7) The regulations may make provision for a claim to be heard, in prescribed circumstances, with an appeal under Part 4 of the Education Act 1996 (special educational needs) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018. \n8) A person commits an offence by failing to comply with— \n\ta) a requirement in respect of the disclosure or inspection of documents imposed by virtue of sub-paragraph (3)(e), or \n\tb) a requirement imposed by virtue of sub-paragraph (3)(f). \n9) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale. *Appeals from the Welsh Tribunal*\n\n6AA) \n1) A party to any proceedings on a claim under paragraph (3A) before the Welsh Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the Welsh Tribunal in those proceedings. \n2) An appeal may be brought under sub-paragraph (1) only if, on an application made by the party concerned, the Welsh Tribunal or the Upper Tribunal has given its permission. \n3) Section 12 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) (proceedings on appeal to the Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this paragraph as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the Welsh Tribunal. *Case friends — Wales*\n\n6A) \n1) This paragraph applies to a child not over compulsory school age who⁠— \n\ta) has the right to make a claim under paragraph 3A, and \n\tb) lacks the capacity to understand what it means to exercise that right. \n2) The Education Tribunal for Wales may by order— \n\ta) appoint a person to be a case friend for a child to whom this section applies, or \n\tb) remove the person from being a case friend for the child, on the application of any person or on its own initiative, subject to provision in regulations under sub-paragraph (7). \n3) A case friend appointed for a child under this paragraph may— \n\ta) represent and support the child, and \n\tb) take decisions and act on behalf of the child, in respect of matters arising under or by virtue of this Schedule, subject to provision in regulations under sub-paragraph (7). \n4) Where a person is appointed to be a case friend by order of the Tribunal under this paragraph, the right of a child to make a claim under paragraph 3A is to be exercised by the case friend on behalf of the child. \n5) A case friend appointed under this paragraph must— \n\ta) act fairly and competently, \n\tb) not have any interest adverse to that of the child, \n\tc) ensure that all steps and decisions taken by the case friend are for the benefit of the child, and \n\td) take account of the child's views, so far as possible. \n6) In deciding whether to appoint a person to be a case friend, or to remove a person from being a case friend, the Tribunal must have regard, in particular, to whether the person is likely to comply (in the case of appointment) or has complied (in the case of removal) with the duty in sub-paragraph (5). \n7) The Welsh Ministers may by regulations make further provision about case friends, including (among other things) provision— \n\ta) conferring functions on the Education Tribunal for Wales; \n\tb) conferring functions on case friends; \n\tc) for procedures in relation to case friends; \n\td) specifying the circumstances in which a person may or may not act as a case friend; \n\te) specifying the circumstances in which a child must have a case friend; \n\tf) specifying requirements in respect of the conduct of case friends; \n\tg) applying any enactment with or without modifications for the purpose of enabling a case friend to make decisions or act on behalf of a child in respect of matters arising under or by virtue of this Schedule. *Advice and information — Wales*\n\n6B) \n1) A local authority in Wales must arrange for any disabled child in its area and for the case friend of any such child to be provided with advice and information about matters relating to disability discrimination in schools. \n2) In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers. \n3) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements. \n4) The local authority must take such steps as it considers appropriate for making the services provided under sub-paragraph (1) known to— \n\ta) disabled children in its area, \n\tb) parents of disabled children in its area, \n\tc) head teachers and proprietors of schools in its area, and \n\td) such other persons as it considers appropriate. *Resolution of disputes — Wales*\n\n6C) \n1) A local authority in Wales must make arrangements with a view to avoiding or resolving disagreements between responsible bodies and disabled children in its area about contraventions of Chapter 1 of Part 6. \n2) The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements. \n3) In making the arrangements, the local authority must have regard to any guidance given by the Welsh Ministers. \n4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements. \n5) The local authority must take such steps as it considers appropriate for making the arrangements under sub-paragraph (1) known to— \n\ta) disabled children in its area, \n\tb) parents of disabled children in its area, \n\tc) head teachers and proprietors of schools in its area, and \n\td) such other persons as it considers appropriate. \n6) The arrangements cannot affect the entitlement of any person to make a claim to the Tribunal, and the local authority must take such steps as it considers appropriate to make that fact known to disabled children, to parents of disabled children and to case friends for disabled children in its area. *Independent advocacy services — Wales*\n\n6D) \n1) Every local authority in Wales must— \n\ta) make arrangements for the provision of independent advocacy services in its area; \n\tb) refer any disabled child in its area who requests independent advocacy services to a service provider; \n\tc) refer any person who is a case friend for a disabled child in its area and who requests independent advocacy services to a service provider. \n2) In this paragraph  “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a disabled child who is— \n\ta) making, or intending to make a claim that a responsible body has contravened Chapter 1 of Part 6 because of the child's disability; or \n\tb) considering whether to make such a claim; or \n\tc) taking part in or intending to take part in dispute resolution arrangements made under paragraph 6C. \n3) In making arrangements under this paragraph, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is— \n\ta) the subject of a claim to the Tribunal, or \n\tb) involved in investigating or adjudicating on such a claim. \n4) The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements. \n5) Every local authority in Wales must take such steps as it considers appropriate for making the arrangements under this paragraph known to— \n\ta) disabled children in its area, \n\tb) parents of disabled children in its area, \n\tc) head teachers and proprietors of schools in its area, and \n\td) such other persons as it considers appropriate. \n6) The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements. \n7) A local authority must have regard to any guidance given from time to time by the Welsh Ministers. *Power of direction — Wales*\n\n6E) \n1) If the Welsh Ministers are satisfied (whether on a complaint or otherwise) that a local authority— \n\ta) has acted, or is proposing to act, unreasonably in the discharge of a duty imposed by or under paragraph 6B, 6C or 6D, or \n\tb) has failed to discharge a duty imposed by or under any of those paragraphs, they may give that local authority such directions as to the discharge of the duty as appear to them to be expedient. \n2) A direction may be given under sub-paragraph (1) even if the performance of the duty is contingent on the opinion of the local authority. \n3) A direction— \n\ta) may be varied or revoked by the Welsh Ministers; \n\tb) may be enforced, on the application of the Welsh Ministers, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981. *Capacity of parents and persons over compulsory school age - Wales*\n\n6F) \n1) The Welsh Ministers must make regulations for the purpose of a claim that a responsible body for a school in Wales has contravened Chapter 1 of Part 6 in relation to a person because of disability in a case to which sub-paragraph (2) or (3) applies. \n2) This sub-paragraph applies where the person is a child not over compulsory school age and the parent of the person lacks capacity at the relevant time. \n3) This sub-paragraph applies where the person is over compulsory school age and lacks capacity at the relevant time. \n4) Regulations under sub-paragraph (1) may include provision applying any enactment with modifications, including (for example) provision for modifications to have effect despite section 27(1)(g) of the Mental Capacity Act 2005 (c. 9) (which does not permit decisions on discharging parental responsibilities in matters not relating to a child's property to be made on a person's behalf). \n5) In this paragraph  “the relevant time” means the time at which, under this Act, something is required or permitted to be done by or in relation to a parent or a person over compulsory school age. \n6) The reference in this paragraph to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005. \n7) “Representative”, in relation to a parent or a person over compulsory school age, means— \n\ta) a deputy appointed by the Court of Protection under section 16(2)(b) of the Mental Capacity Act 2005 to make decisions on the parent's or person's behalf in relation to matters within this Schedule; \n\tb) the donee of a lasting power of attorney (within the meaning of section 9 of that Act) appointed by the parent or person to make decisions on his or her behalf in relation to matters within this Schedule; \n\tc) an attorney in whom an enduring power of attorney (within the meaning of Schedule 4 to that Act) created by the parent or person is vested, where the power of attorney is registered in accordance with paragraphs 4 and 13 of that Schedule or an application for registration of the power of attorney has been made. ## Part 3\n## Tribunals in Scotland\n\n*Introductory*\n\n7) This Part of this Schedule applies in relation to the Scottish Tribunal. *Jurisdiction*\n\n8) A claim that a responsible body has contravened Chapter 1 of Part 6 because of a person's disability may be made to the Tribunal by— \n\ta) the person's parent; \n\tb) where the person has capacity to make the claim, the person. *Powers*\n\n9) \n1) This paragraph applies if the Tribunal finds the contravention has occurred. \n2) The Tribunal may make such order as it thinks fit. \n3) The power under sub-paragraph (2)— \n\ta) may, in particular, be exercised with a view to obviating or reducing the adverse effect on the person of any matter to which the claim relates; \n\tb) does not include power to order the payment of compensation. *Procedure etc.*\n\n10) \n1) The Scottish Ministers may make rules as to— \n\ta) the proceedings on a claim under paragraph 8; \n\tb) the making of a claim. \n2) The rules may, in particular, include provision for or in connection with— \n\ta) the form and manner in which a claim must be made; \n\tb) the time within which a claim is to be made; \n\tc) the withdrawal of claims; \n\td) the recovery and inspection of documents; \n\te) the persons who may appear on behalf of the parties; \n\tf) the persons who may be present at proceedings alongside any party or witness to support the party or witness; \n\tg) enabling specified persons other than the parties to appear or be represented in specified circumstances; \n\th) requiring specified persons to give notice to other specified persons of specified matters; \n\ti) the time within which any such notice must be given; \n\tj) enabling Tribunal proceedings to be conducted in the absence of any member of a Tribunal other than the convener; \n\tk) enabling any matters that are preliminary or incidental to the determination of proceedings to be determined by the convenor of a Tribunal alone or with such other members of the Tribunal as may be specified; \n\tl) enabling Tribunals to be held in private; \n\tm) enabling a Tribunal to exclude any person from attending all or part of Tribunal proceedings; \n\tn) enabling a Tribunal to impose reporting restrictions in relation to all or part of Tribunal proceedings; \n\to) enabling a Tribunal to determine specified matters without holding a hearing; \n\tp) the recording and publication of decisions and orders of a Tribunal; \n\tq) enabling a Tribunal to commission medical and other reports in specified circumstances; \n\tr) requiring a Tribunal to take specified actions, or to determine specified proceedings, within specified periods; \n\ts) enabling a Tribunal to make an award of expenses; \n\tt) the taxation or assessment of such expenses; \n\tu) enabling a Tribunal, in specified circumstances, to review, or to vary or revoke, any of its decisions, orders or awards; \n\tv) enabling a Tribunal, in specified circumstances, to review the decisions, orders or awards of another Tribunal and take such action (including variation and revocation) in respect of those decisions, orders or awards as it thinks fit. *Appeals*\n\n11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Amendment of Education (Additional Support for Learning) (Scotland) Act 2004*\n\n12) The Education (Additional Support for Learning)\n\t\t\t(Scotland) Act 2004 (asp 4) is amended as follows— \n\ta) in section 17(1), omit  “to exercise the functions which are conferred on a Tribunal by virtue of this Act”; \n\tb) after section 17(1), insert— \n\t1A) Tribunals are to exercise the functions which are conferred on them by virtue of— \n\t\ta) this Act, and \n\t\tb) the Equality Act 2010 ; \n\tc) in the definition of  “Tribunal functions” in paragraph 1 of Schedule 1, after  “Act” insert “\n                      or the Equality Act 2010\n             ” . ## Part 4\n## Admissions and exclusions\n\n*Admissions*\n\n13) \n1) This paragraph applies if appeal arrangements have been made in relation to admissions decisions. \n2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an admissions decision must be made under the appeal arrangements. \n3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements. \n4) Appeal arrangements are arrangements under— \n\ta) section 94 of the School Standards and Framework Act 1998, or \n\tb) Academy arrangements (as defined in section 1 of the Academies Act 2010) between the responsible body for an Academy and the Secretary of State, enabling an appeal to be made by the person's parent against the decision. \n5) An admissions decision is— \n\ta) a decision of a kind mentioned in section 94(1) or (2) of the School Standards and Framework Act 1998; \n\tb) a decision as to the admission of a person to an Academy school or an alternative provision Academy taken by the responsible body or on its behalf. *Exclusions : Wales*\n\n14) \n1) This paragraph applies if appeal arrangements have been made in relation to exclusion decisions that are made in relation to schools in Wales . \n2) A claim that a responsible body has, because of a person's disability, contravened Chapter 1 of Part 6 in respect of an exclusion decision must be made under the appeal arrangements. \n3) The body hearing the claim has the powers it has in relation to an appeal under the appeal arrangements. \n4) Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision. \n5) An exclusion decision is— \n\ta) a decision of a kind mentioned in 52(3) of the Education Act 2002; \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) “Responsible body”, in relation to a maintained school, includes the discipline committee of the governing body if that committee is required to be established as a result of regulations made under section 19 of the Education Act 2002. \n7) “Maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/17",
    "legislation_id": "ukpga/2010/15",
    "title": "Disabled pupils: enforcement",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782337Z",
    "text": "SCHEDULE 22 Statutory provisions Section 191 *Statutory authority*\n\n1) \n1) A person (P) does not contravene a provision specified in the first column of the table, so far as relating to the protected characteristic specified in the second column in respect of that provision, if P does anything P must do pursuant to a requirement specified in the third column. Specified provisionProtected characteristicRequirementParts 3 to 7AgeA requirement of an enactmentParts 3 to 7 and 12DisabilityA requirement of an enactmentA relevant requirement or condition imposed by virtue of an enactmentParts 3 to 7Religion or beliefA requirement of an enactmentA relevant requirement or condition imposed by virtue of an enactmentSection 29(6) and Parts 6 and 7SexA requirement of an enactmentParts 3, 4, 6 and 7Sexual orientationA requirement of an enactmentA relevant requirement or condition imposed by virtue of an enactment \n2) A reference in the table to Part 6 does not include a reference to that Part so far as relating to vocational training. \n3) In this paragraph a reference to an enactment includes a reference to— \n\ta) a Measure of the General Synod of the Church of England; \n\tb) an enactment passed or made on or after the date on which this Act is passed. \n4) In the table, a relevant requirement or condition is a requirement or condition imposed (whether before or after the passing of this Act) by— \n\ta) a Minister of the Crown; \n\tb) a member of the Scottish Executive; \n\tc) the National Assembly for Wales (constituted by the Government of Wales Act 1998); \n\td) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. *Protection of women*\n\n2) \n1) A person (P) does not contravene a specified provision only by doing in relation to a woman (W) anything P is required to do to comply with— \n\ta) a pre-1975 Act enactment concerning the protection of women; \n\tb) a relevant statutory provision (within the meaning of Part 1 of the Health and Safety at Work etc. Act 1974) if it is done for the purpose of the protection of W (or a description of women which includes W); \n\tc) a requirement of a provision specified in Schedule 1 to the Employment Act 1989 (provisions concerned with protection of women at work). \n2) The references to the protection of women are references to protecting women in relation to— \n\ta) pregnancy or maternity, or \n\tb) any other circumstances giving rise to risks specifically affecting women. \n3) It does not matter whether the protection is restricted to women. \n4) These are the specified provisions— \n\ta) Part 5 (work); \n\tb) Part 6 (education), so far as relating to vocational training. \n5) A pre-1975 Act enactment is an enactment contained in— \n\ta) an Act passed before the Sex Discrimination Act 1975; \n\tb) an instrument approved or made by or under such an Act (including one approved or made after the passing of the 1975 Act). \n6) If an Act repeals and re-enacts (with or without modification) a pre-1975 enactment then the provision re-enacted must be treated as being in a pre-1975 enactment. \n7) For the purposes of sub-paragraph (1)(c), a reference to a provision in Schedule 1 to the Employment Act 1989 includes a reference to a provision for the time being having effect in place of it. \n8) This paragraph applies only to the following protected characteristics— \n\ta) pregnancy and maternity; \n\tb) sex. *Educational appointments, etc: religious belief*\n\n3) \n1) A person does not contravene Part 5 (work) only by doing a relevant act in connection with the employment of another in a relevant position. \n2) A relevant position is— \n\ta) the head teacher or principal of an educational establishment; \n\tb) the head, a fellow or other member of the academic staff of a college, or institution in the nature of a college, in a university; \n\tc) a professorship of a university which is a canon professorship or one to which a canonry is annexed. \n3) A relevant act is anything it is necessary to do to comply with— \n\ta) a requirement of an instrument relating to the establishment that the head teacher or principal must be a member of a particular religious order; \n\tb) a requirement of an instrument relating to the college or institution that the holder of the position must be a woman; \n\tc) an Act or instrument in accordance with which the professorship is a canon professorship or one to which a canonry is annexed. \n4) Sub-paragraph (3)(b) does not apply to an instrument taking effect on or after 16 January 1990 (the day on which section 5(3) of the Employment Act 1989 came into force). \n5) A Minister of the Crown may by order provide that anything in sub-paragraphs (1) to (3) does not have effect in relation to— \n\ta) a specified educational establishment or university; \n\tb) a specified description of educational establishments. \n6) An educational establishment is— \n\ta) a school within the meaning of the Education Act 1996 or the Education (Scotland) Act 1980; \n\tb) a college, or institution in the nature of a college, in a university; \n\tc) an institution designated by order made, or having effect as if made, under section 129 of the Education Reform Act 1988; \n\tca) a registered higher education provider of a description prescribed by regulations made for the purposes of section 39(1) of the Higher Education and Research Act 2017; \n\td) a college of further education within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992; \n\te) a university in Scotland; \n\tf) an institution designated by order under section 28 of the Further and Higher Education Act 1992 or section 44 of the Further and Higher Education (Scotland) Act 1992. \n7) This paragraph does not affect paragraph 2 of Schedule 9. \n4) A person does not contravene this Act only by doing anything which is permitted for the purposes of— \n\ta) section 58(6) or (7) of the School Standards and Framework Act 1998 (dismissal of teachers because of failure to give religious education efficiently); \n\tb) section 60(4) and (5) of that Act (religious considerations relating to certain appointments); \n\tc) section 124A of that Act (preference for certain teachers at independent schools of a religious character). \n\td) section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character). *Crown employment, etc.*\n\n5) \n1) A person does not contravene this Act— \n\ta) by making or continuing in force rules mentioned in sub-paragraph (2); \n\tb) by publishing, displaying or implementing such rules; \n\tc) by publishing the gist of such rules. \n2) The rules are rules restricting to persons of particular birth, nationality, descent or residence— \n\ta) employment in the service of the Crown; \n\tb) employment by a prescribed public body; \n\tc) holding a public office (within the meaning of section 50). \n3) The power to make regulations for the purpose of sub-paragraph (2)(b) is exercisable by the Minister for the Civil Service. \n4) In this paragraph  “public body” means a body (whether corporate or unincorporated) exercising public functions (within the meaning given by section 31(4)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/22",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/22",
    "legislation_id": "ukpga/2010/15",
    "title": "Statutory provisions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781735Z",
    "text": "Section 148) **Interpretation**\n\n1) This section applies for the purposes of this Part. \n2) A reference to treatment of a description prohibited by this Act does not include treatment in so far as it is treatment that would contravene— \n\ta) Part 1 (public sector duty regarding socio-economic inequalities), or \n\tb) Chapter 1 of Part 11 (public sector equality duty). \n3) “Group insurance arrangement” means an arrangement between an employer and another person for the provision by that other person of facilities by way of insurance to the employer's employees (or a class of those employees). \n4) “Collective agreement” has the meaning given in section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992. \n5) A rule of an undertaking is a rule within subsection (6) or (7). \n6) A rule within this subsection is a rule made by a trade organisation or a qualifications body for application to— \n\ta) its members or prospective members, \n\tb) persons on whom it has conferred a relevant qualification, or \n\tc) persons seeking conferment by it of a relevant qualification. \n7) A rule within this subsection is a rule made by an employer for application to— \n\ta) employees, \n\tb) persons who apply for employment, or \n\tc) persons the employer considers for employment. \n8) “Trade organisation”,  “qualifications body” and  “relevant qualification” each have the meaning given in Part 5 (work). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/148",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/148",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 148,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781719Z",
    "text": "Section 144) **Contracting out**\n\n1) A term of a contract is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act. \n2) A relevant non-contractual term (as defined by section 142) is unenforceable by a person in whose favour it would operate in so far as it purports to exclude or limit a provision of or made under this Act, in so far as the provision relates to disability. \n3) This section does not apply to a contract which settles a claim within section 114. \n4) This section does not apply to a contract which settles a complaint within section 120 if the contract— \n\ta) is made with the assistance of a conciliation officer, or \n\tb) is a qualifying settlement agreement . \n5) A contract within subsection (4) includes a contract which settles a complaint relating to a breach of an equality clause or rule or of a non-discrimination rule. \n6) A contract within subsection (4) includes an agreement by the parties to a dispute to submit the dispute to arbitration if— \n\ta) the dispute is covered by a scheme having effect by virtue of an order under section 212A of the Trade Union and Labour Relations (Consolidation) Act 1992, and \n\tb) the agreement is to submit the dispute to arbitration in accordance with the scheme. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/144",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/144",
    "legislation_id": "ukpga/2010/15",
    "title": "Contracting out",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 144,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781125Z",
    "text": "Section 14) **Combined discrimination: dual characteristics**\n\n1) A person (A) discriminates against another (B) if, because of a combination of two relevant protected characteristics, A treats B less favourably than A treats or would treat a person who does not share either of those characteristics. \n2) The relevant protected characteristics are— \n\ta) age; \n\tb) disability; \n\tc) gender reassignment; \n\td) race \n\te) religion or belief; \n\tf) sex; \n\tg) sexual orientation. \n3) For the purposes of establishing a contravention of this Act by virtue of subsection (1), B need not show that A's treatment of B is direct discrimination because of each of the characteristics in the combination (taken separately). \n4) But B cannot establish a contravention of this Act by virtue of subsection (1) if, in reliance on another provision of this Act or any other enactment, A shows that A's treatment of B is not direct discrimination because of either or both of the characteristics in the combination. \n5) Subsection (1) does not apply to a combination of characteristics that includes disability in circumstances where, if a claim of direct discrimination because of disability were to be brought, it would come within section 116 (special educational needs). \n6) A Minister of the Crown may by order amend this section so as to— \n\ta) make further provision about circumstances in which B can, or in which B cannot, establish a contravention of this Act by virtue of subsection (1); \n\tb) specify other circumstances in which subsection (1) does not apply. \n7) The references to direct discrimination are to a contravention of this Act by virtue of section 13. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/14",
    "legislation_id": "ukpga/2010/15",
    "title": "Combined discrimination: dual characteristics",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782186Z",
    "text": "Section 209) **The Welsh Ministers**\n\n1) This section applies where the power to make an order or regulations under this Act is exercisable by the Welsh Ministers. \n2) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure. \n3) The orders and regulations referred to in subsection (2) are— \n\ta) regulations under section 2 (socio-economic inequalities); \n\tb) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty); \n\tc) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties); \n\td) regulations under section 155(5) that amend an Act of Parliament or an Act or Measure of the National Assembly for Wales (public sector equality duty: power to modify or remove specific duties); \n\te) regulations under paragraph 6, 6A or 6F of Schedule 17 (tribunal procedure, case friends and capacity of parents and persons over compulsory school age). \n4) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 151 that provides for— \n\ta) the omission of an entry where the authority concerned has ceased to exist, or \n\tb) the variation of an entry where the authority concerned has changed its name. \n5) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure. \n6) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the National Assembly for Wales. \n7) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the National Assembly for Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/209",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/209",
    "legislation_id": "ukpga/2010/15",
    "title": "The Welsh Ministers",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 209,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781187Z",
    "text": "Section 28) **Application of this Part**\n\n1) This Part does not apply to the protected characteristic of— \n\ta) age, so far as relating to persons who have not attained the age of 18; \n\tb) marriage and civil partnership. \n2) This Part does not apply to discrimination, harassment or victimisation— \n\ta) that is prohibited by Part 4 (premises), 5 (work) or 6 (education), or \n\tb) that would be so prohibited but for an express exception. \n3) This Part does not apply to— \n\ta) a breach of an equality clause or rule; \n\tb) anything that would be a breach of an equality clause or rule but for section 69 or Part 2 of Schedule 7; \n\tc) a breach of a non-discrimination rule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/28",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/28",
    "legislation_id": "ukpga/2010/15",
    "title": "Application of this Part",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 28,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781562Z",
    "text": "Section 110) **Liability of employees and agents**\n\n1) A person (A) contravenes this section if— \n\ta) A is an employee or agent, \n\tb) A does something which, by virtue of section 109(1) or (2), is treated as having been done by A's employer or principal (as the case may be), and \n\tc) the doing of that thing by A amounts to a contravention of this Act by the employer or principal (as the case may be). \n2) It does not matter whether, in any proceedings, the employer is found not to have contravened this Act by virtue of section 109(4). \n3) A does not contravene this section if— \n\ta) A relies on a statement by the employer or principal that doing that thing is not a contravention of this Act, and \n\tb) it is reasonable for A to do so. \n4) A person (B) commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (3)(a) which is false or misleading in a material respect. \n5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. \n5A) A does not contravene this section if A— \n\ta) does not conduct a relevant marriage, \n\tb) is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or \n\tc) does not consent to a relevant marriage being conducted, for the reason that the marriage is the marriage of a same sex couple. \n5B) Subsection (5A) applies to A only if A is within the meaning of  “person” for the purposes of section 2 of the Marriage (Same Sex Couples) Act 2013; and other expressions used in subsection (5A) and section 2 of that Act have the same meanings in that subsection as in that section. \n5BA) If A is a protected person, A does not contravene this section if A— \n\ta) does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or \n\tb) does not provide, arrange, facilitate or participate in, or is not present at— \n\t\ti) an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or \n\t\tii) a ceremony or event in England or Wales to mark the formation of a civil partnership, for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex. \n5BB) In subsection (5BA)— \n\t- “protected person” has the meaning given by section 30ZA(2) of the 2004 Act;\n\t- “religious premises” has the meaning given by section 6A(3C) of the 2004 Act.\n5C) A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex. \n5CA) A does not contravene this section by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other. \n5D) A does not contravene this section by refusing to register a relevant Scottish civil partnership for the reason that A does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex . \n5E) Subsections (5C) ,  (5CA) and (5D) apply only if A is an approved celebrant. \n5F) Expressions used in subsections (5C) to (5E) have the same meaning as in paragraph 25B of Schedule 3. \n5G) A chaplain does not contravene this section by refusing to solemnise a relevant Scottish forces marriage for the reason that the marriage is the marriage of two persons of the same sex. \n5H) Expressions used in subsection (5G) have the same meaning as in paragraph 25C of Schedule 3. \n6) Part 9 (enforcement) applies to a contravention of this section by A as if it were the contravention mentioned in subsection (1)(c). \n7) The reference in subsection (1)(c) to a contravention of this Act does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/110",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/110",
    "legislation_id": "ukpga/2010/15",
    "title": "Liability of employees and agents",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 110,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781233Z",
    "text": "Section 32) **Application of this Part**\n\n1) This Part does not apply to the following protected characteristics— \n\ta) age; \n\tb) marriage and civil partnership. \n2) This Part does not apply to discrimination, harassment or victimisation— \n\ta) that is prohibited by Part 5 (work) or Part 6 (education), or \n\tb) that would be so prohibited but for an express exception. \n3) This Part does not apply to the provision of accommodation if the provision— \n\ta) is generally for the purpose of short stays by individuals who live elsewhere, or \n\tb) is for the purpose only of exercising a public function or providing a service to the public or a section of the public. \n4) The reference to the exercise of a public function, and the reference to the provision of a service, are to be construed in accordance with Part 3. \n5) This Part does not apply to— \n\ta) a breach of an equality clause or rule; \n\tb) anything that would be a breach of an equality clause or rule but for section 69 or Part 2 of Schedule 7; \n\tc) a breach of a non-discrimination rule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/32",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/32",
    "legislation_id": "ukpga/2010/15",
    "title": "Application of this Part",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 32,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781191Z",
    "text": "Section 29) **Provision of services, etc.**\n\n1) A person (a  “service-provider”) concerned with the provision of a service to the public or a section of the public (for payment or not) must not discriminate against a person requiring the service by not providing the person with the service. \n2) A service-provider (A) must not, in providing the service, discriminate against a person (B)— \n\ta) as to the terms on which A provides the service to B; \n\tb) by terminating the provision of the service to B; \n\tc) by subjecting B to any other detriment. \n3) A service-provider must not, in relation to the provision of the service, harass— \n\ta) a person requiring the service, or \n\tb) a person to whom the service-provider provides the service. \n4) A service-provider must not victimise a person requiring the service by not providing the person with the service. \n5) A service-provider (A) must not, in providing the service, victimise a person (B)— \n\ta) as to the terms on which A provides the service to B; \n\tb) by terminating the provision of the service to B; \n\tc) by subjecting B to any other detriment. \n6) A person must not, in the exercise of a public function that is not the provision of a service to the public or a section of the public, do anything that constitutes discrimination, harassment or victimisation. \n7) A duty to make reasonable adjustments applies to— \n\ta) a service-provider (and see also section 55(7)); \n\tb) a person who exercises a public function that is not the provision of a service to the public or a section of the public. \n8) In the application of section 26 for the purposes of subsection (3), and subsection (6) as it relates to harassment, neither of the following is a relevant protected characteristic— \n\ta) religion or belief; \n\tb) sexual orientation. \n9) In the application of this section, so far as relating to race or religion or belief, to the granting of entry clearance (within the meaning of the Immigration Act 1971), it does not matter whether an act is done within or outside the United Kingdom. \n10) Subsection (9) does not affect the application of any other provision of this Act to conduct outside England and Wales or Scotland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/29",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/29",
    "legislation_id": "ukpga/2010/15",
    "title": "Provision of services, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 29,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782212Z",
    "text": "Section 216) **Commencement**\n\n1) The following provisions come into force on the day on which this Act is passed— \n\ta) section 186(2)\n\t\t\t\t\t\t\t(rail vehicle accessibility: compliance); \n\tb) this Part (except sections 202 (civil partnerships on religious premises), 206 (information society services) and 211 (amendments, etc)). \n2) Part 15 (family property) comes into force on such day as the Lord Chancellor may by order appoint. \n3) Subject to subsections (4) and (6) , the other provisions of this Act come into force on such day as a Minister of the Crown may by order appoint. \n4) The following provisions of Part 1 (socio-economic inequalities) come into force on such day as the Scottish Ministers may by order appoint— \n\ta) section 1, so far as it applies to a relevant authority as defined by section 2(5); \n\tb) section 2, so far as it confers a power on the Scottish Ministers; \n\tc) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). \n5) The following do not apply to an order under subsection (4)— \n\ta) section 207(2)\n\t\t\t\t\t\t\t\t\t\t(see instead section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010: powers exercisable by Scottish statutory instrument), and \n\tb) section 210. \n6) The following provisions of Part 1 come into force on such day as the Welsh Ministers may by order appoint— \n\ta) section 1, so far as it applies to a relevant authority as defined by section 2(6); \n\tb) section 2, so far as it confers a power on the Welsh Ministers; \n\tc) section 3, for the purposes of section 1 to the extent mentioned in paragraph (a). \n7) Section 209 does not apply to an order under subsection (6). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/216",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/216",
    "legislation_id": "ukpga/2010/15",
    "title": "Commencement",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 216,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782190Z",
    "text": "Section 210) **The Scottish Ministers**\n\n1) This section applies where the power to make an order, regulations or rules under this Act is exercisable by the Scottish Ministers. \n2) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (3) is subject to the affirmative procedure. \n3) The orders and regulations referred to in subsection (2) are— \n\ta) regulations under section 2 (socio-economic inequalities); \n\tb) regulations under section 37 (power to make provision about adjustments to common parts in Scotland); \n\tc) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty); \n\td) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties); \n\te) regulations under section 155(5) that amend an Act of Parliament or an Act of the Scottish Parliament (public sector equality duty: power to modify or remove specific duties). \n4) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains an order under section 151 that provides for— \n\ta) the omission of an entry where the authority concerned has ceased to exist, or \n\tb) the variation of an entry where the authority concerned has changed its name. \n5) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) is subject to the negative procedure. \n6) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of the Scottish Parliament. \n7) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of the Scottish Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/210",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/210",
    "legislation_id": "ukpga/2010/15",
    "title": "The Scottish Ministers",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 210,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781265Z",
    "text": "Section 39) **Employees and applicants**\n\n1) An employer (A) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer employment; \n\tb) as to the terms on which A offers B employment; \n\tc) by not offering B employment. \n2) An employer (A) must not discriminate against an employee of A's (B)— \n\ta) as to B's terms of employment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by dismissing B; \n\td) by subjecting B to any other detriment. \n3) An employer (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer employment; \n\tb) as to the terms on which A offers B employment; \n\tc) by not offering B employment. \n4) An employer (A) must not victimise an employee of A's (B)— \n\ta) as to B's terms of employment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for any other benefit, facility or service; \n\tc) by dismissing B; \n\td) by subjecting B to any other detriment. \n5) A duty to make reasonable adjustments applies to an employer. \n6) Subsection (1)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay— \n\ta) unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or \n\tb) if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (1)(b) by virtue of section 13, 14 or 18. \n7) In subsections (2)(c) and (4)(c), the reference to dismissing B includes a reference to the termination of B's employment— \n\ta) by the expiry of a period (including a period expiring by reference to an event or circumstance); \n\tb) by an act of B's (including giving notice) in circumstances such that B is entitled, because of A's conduct, to terminate the employment without notice. \n8) Subsection (7)(a) does not apply if, immediately after the termination, the employment is renewed on the same terms. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/39",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/39",
    "legislation_id": "ukpga/2010/15",
    "title": "Employees and applicants",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 39,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782182Z",
    "text": "Section 208) **Ministers of the Crown, etc.**\n\n1) This section applies where the power to make an order or regulations under this Act is exercisable by a Minister of the Crown or the Treasury. \n2) A statutory instrument containing (whether alone or with other provision) an order or regulations that amend this Act or another Act of Parliament, or an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales, is subject to the affirmative procedure. \n3) But a statutory instrument is not subject to the affirmative procedure by virtue of subsection (2) merely because it contains— \n\ta) an order under section 59 (local authority functions); \n\tb) an order under section 151 (power to amend list of public authorities for the purposes of the public sector equality duty) that provides for the omission of an entry where the authority concerned has ceased to exist or the variation of an entry where the authority concerned has changed its name; \n\tc) an order under paragraph 1(3) of Schedule 14 (educational charities and endowments) that modifies an enactment. \n4) A statutory instrument containing (whether alone or with other provision) an order or regulations mentioned in subsection (5) is subject to the affirmative procedure. \n5) The orders and regulations referred to in subsection (4) are— \n\ta) regulations under section 30 (services: ships and hovercraft); \n\tb) regulations under section 78 (gender pay gap information); \n\tc) regulations under section 81 (work: ships and hovercraft); \n\td) an order under section 105 (election candidates: expiry of provision); \n\te) regulations under section 106 (election candidates: diversity information); \n\tea) regulations under section 139A (equal pay audits); \n\tf) regulations under section 153 or 154(2) (public sector equality duty: powers to impose specific duties); \n\tfa) regulations under section 181A or 181B (information for bus passengers); \n\tg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\th) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\ti) regulations under paragraph 9(3) of Schedule 20 (rail vehicle accessibility: determination of turnover for purposes of penalties). \n6) A statutory instrument that is not subject to the affirmative procedure by virtue of subsection (2) or (4) is subject to the negative procedure. \n7) But a statutory instrument is not subject to the negative procedure by virtue of subsection (6) merely because it contains— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) an order under section 216 (commencement) that— \n\t\ti) does not amend an Act of Parliament, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales, and \n\t\tii) is not made in reliance on section 207(7). \n8) If a statutory instrument is subject to the affirmative procedure, the order or regulations contained in it must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament. \n9) If a statutory instrument is subject to the negative procedure, it is subject to annulment in pursuance of a resolution of either House of Parliament. \n10) If a draft of a statutory instrument containing an order or regulations under section 2, 151, 153, 154(2) or 155(5) would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/208",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/208",
    "legislation_id": "ukpga/2010/15",
    "title": "Ministers of the Crown, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 208,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781791Z",
    "text": "Section 158) **Positive action: general**\n\n1) This section applies if a person (P) reasonably thinks that— \n\ta) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, \n\tb) persons who share a protected characteristic have needs that are different from the needs of persons who do not share it, or \n\tc) participation in an activity by persons who share a protected characteristic is disproportionately low. \n2) This Act does not prohibit P from taking any action which is a proportionate means of achieving the aim of— \n\ta) enabling or encouraging persons who share the protected characteristic to overcome or minimise that disadvantage, \n\tb) meeting those needs, or \n\tc) enabling or encouraging persons who share the protected characteristic to participate in that activity. \n3) Regulations may specify action, or descriptions of action, to which subsection (2) does not apply. \n4) This section does not apply to— \n\ta) action within section 159(3), or \n\tb) anything that is permitted by virtue of section 104. \n5) If section 104(7) is repealed by virtue of section 105, this section will not apply to anything that would have been so permitted but for the repeal. \n6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/158",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/158",
    "legislation_id": "ukpga/2010/15",
    "title": "Positive action: general",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 158,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781985Z",
    "text": "Section 193) **Charities**\n\n1) A person does not contravene this Act only by restricting the provision of benefits to persons who share a protected characteristic if— \n\ta) the person acts in pursuance of a charitable instrument, and \n\tb) the provision of the benefits is within subsection (2). \n2) The provision of benefits is within this subsection if it is— \n\ta) a proportionate means of achieving a legitimate aim, or \n\tb) for the purpose of preventing or compensating for a disadvantage linked to the protected characteristic. \n3) It is not a contravention of this Act for— \n\ta) a person who provides supported employment to treat persons who have the same disability or a disability of a prescribed description more favourably than those who do not have that disability or a disability of such a description in providing such employment; \n\tb) a Minister of the Crown to agree to arrangements for the provision of supported employment which will, or may, have that effect. \n4) If a charitable instrument enables the provision of benefits to persons of a class defined by reference to colour, it has effect for all purposes as if it enabled the provision of such benefits— \n\ta) to persons of the class which results if the reference to colour is ignored, or \n\tb) if the original class is defined by reference only to colour, to persons generally. \n5) It is not a contravention of this Act for a charity to require members, or persons wishing to become members, to make a statement which asserts or implies membership or acceptance of a religion or belief; and for this purpose restricting the access by members to a benefit, facility or service to those who make such a statement is to be treated as imposing such a requirement. \n6) Subsection (5) applies only if— \n\ta) the charity, or an organisation of which it is part, first imposed such a requirement before 18 May 2005, and \n\tb) the charity or organisation has not ceased since that date to impose such a requirement. \n7) It is not a contravention of section 29 for a person, in relation to an activity which is carried on for the purpose of promoting or supporting a charity, to restrict participation in the activity to persons of one sex. \n8) A charity regulator does not contravene this Act only by exercising a function in relation to a charity in a manner which the regulator thinks is expedient in the interests of the charity, having regard to the charitable instrument. \n9) Subsection (1) does not apply to a contravention of— \n\ta) section 39; \n\tb) section 40; \n\tc) section 41; \n\td) section 55, so far as relating to the provision of vocational training. \n10) Subsection (9) does not apply in relation to disability. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/193",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/193",
    "legislation_id": "ukpga/2010/15",
    "title": "Charities",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 193,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781437Z",
    "text": "Section 79) **Comparators**\n\n1) This section applies for the purposes of this Chapter. \n2) If A is employed, B is a comparator if subsection (3), (4), (4A) or (4B) applies. \n3) This subsection applies if— \n\ta) B is employed by A's employer or by an associate of A's employer, and \n\tb) A and B work at the same establishment. \n4) This subsection applies if— \n\ta) B is employed by A's employer or an associate of A's employer, \n\tb) B works at an establishment other than the one at which A works, and \n\tc) common terms apply at the establishments (either generally or as between A and B). \n4A) This subsection applies if a single body— \n\ta) is responsible for setting or continuing the terms on which A and B are employed, and \n\tb) is in a position to ensure equal treatment between A and B in respect of such terms. \n4B) This subsection applies if the terms on which A and B are employed are governed by the same collective agreement. \n5) If A holds a personal or public office, B is a comparator if— \n\ta) B holds a personal or public office, and \n\tb) the person responsible for paying A is also responsible for paying B. \n6) If A is a relevant member of the House of Commons staff, B is a comparator if— \n\ta) B is employed by the person who is A's employer under subsection (6) of section 195 of the Employment Rights Act 1996, or \n\tb) if subsection (7) of that section applies in A's case, B is employed by the person who is A's employer under that subsection. \n7) If A is a relevant member of the House of Lords staff, B is a comparator if B is also a relevant member of the House of Lords staff. \n8) Section 42 does not apply to this Chapter; accordingly, for the purposes of this Chapter only, holding the office of constable is to be treated as holding a personal office. \n9) For the purposes of this section, employers are associated if— \n\ta) one is a company of which the other (directly or indirectly) has control, or \n\tb) both are companies of which a third person (directly or indirectly) has control. \n10) In subsection (4B) “collective agreement” has the same meaning as in the Trade Union and Labour Relations (Consolidation) Act 1992 (see section 178 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/79",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/79",
    "legislation_id": "ukpga/2010/15",
    "title": "Comparators",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 79,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782351Z",
    "text": "SCHEDULE 25 Information society services Section 206 *Service providers*\n\n1) \n1) This paragraph applies where a person concerned with the provision of an information society service (an  “information society service provider”) is established in Great Britain. \n2) This Act applies to anything done by the person in an EEA state (other than the United Kingdom) in providing the service as this Act would apply if the act in question were done by the person in Great Britain. \n2) \n1) This paragraph applies where an information society service provider is established in an EEA state (other than the United Kingdom). \n2) This Act does not apply to anything done by the person in providing the service. *Exceptions for mere conduits*\n\n3) \n1) An information society service provider does not contravene this Act only by providing so much of an information society service as consists in— \n\ta) the provision of access to a communication network, or \n\tb) the transmission in a communication network of information provided by the recipient of the service. \n2) But sub-paragraph (1) applies only if the service provider does not— \n\ta) initiate the transmission, \n\tb) select the recipient of the transmission, or \n\tc) select or modify the information contained in the transmission. \n3) For the purposes of sub-paragraph (1), the provision of access to a communication network, and the transmission of information in a communication network, includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network. \n4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission. *Exception for caching*\n\n4) \n1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service. \n2) The information society service provider does not contravene this Act only by doing anything in connection with the automatic, intermediate and temporary storage of information so provided if— \n\ta) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and \n\tb) the condition in sub-paragraph (3) is satisfied. \n3) The condition is that the service-provider— \n\ta) does not modify the information, \n\tb) complies with such conditions as are attached to having access to the information, and \n\tc) (where sub-paragraph (4) applies) expeditiously removes the information or disables access to it. \n4) This sub-paragraph applies if the service-provider obtains actual knowledge that— \n\ta) the information at the initial source of the transmission has been removed from the network, \n\tb) access to it has been disabled, or \n\tc) a court or administrative authority has required the removal from the network of, or the disablement of access to, the information. *Exception for hosting*\n\n5) \n1) An information society service provider does not contravene this Act only by doing anything in providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if— \n\ta) the service provider had no actual knowledge when the information was provided that its provision amounted to a contravention of this Act, or \n\tb) on obtaining actual knowledge that the provision of the information amounted to a contravention of that section, the service provider expeditiously removed the information or disabled access to it. \n2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority of the control of the service provider. *Monitoring obligations*\n\n6) An injunction or interdict under Part 1 of the Equality Act 2006 may not impose on a person concerned with the provision of a service of a description given in paragraph 3(1), 4(1) or 5(1)— \n\ta) a liability the imposition of which would contravene Article 12, 13 or 14 of the E-Commerce Directive; \n\tb) a general obligation of the description given in Article 15 of that Directive. *Interpretation*\n\n7) \n1) This paragraph applies for the purposes of this Schedule. \n2) “Information society service”— \n\ta) has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and \n\tb) is summarised in recital 17 of the E-Commerce Directive as covering  “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”. \n3) “The E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). \n4) “Recipient” means a person who (whether for professional purposes or not) uses an information society service, in particular for seeking information or making it accessible. \n5) An information society service-provider is  “established” in a country or territory if the service-provider— \n\ta) effectively pursues an economic activity using a fixed establishment in that country or territory for an indefinite period, and \n\tb) is a national of an EEA state or a body mentioned in Article 54 of the Treaty on the Functioning of the European Union . \n6) The presence or use in a particular place of equipment or other technical means of providing an information society service is not itself sufficient to constitute the establishment of a service-provider. \n7) Where it cannot be decided from which of a number of establishments an information society service is provided, the service is to be regarded as provided from the establishment at the centre of the information society service provider's activities relating to that service. \n8) Section 212(4) does not apply to references to providing a service. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/25",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/25",
    "legislation_id": "ukpga/2010/15",
    "title": "Information society services",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782016Z",
    "text": "Section 201) **Civil partners: housekeeping allowance**\n\n1) After section 70 of the Civil Partnership Act 2004 insert— \n\nSection 70A) **Money and property derived from housekeeping allowance**\nSection 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to— \n\ta) money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and \n\tb) any property acquired out of such money, as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money. \n2) The amendment made by this section does not have effect in relation to any allowance made before the commencement of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/201",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/201",
    "legislation_id": "ukpga/2010/15",
    "title": "Civil partners: housekeeping allowance",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 201,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781795Z",
    "text": "Section 159) **Positive action: recruitment and promotion**\n\n1) This section applies if a person (P) reasonably thinks that— \n\ta) persons who share a protected characteristic suffer a disadvantage connected to the characteristic, or \n\tb) participation in an activity by persons who share a protected characteristic is disproportionately low. \n2) Part 5 (work) does not prohibit P from taking action within subsection (3) with the aim of enabling or encouraging persons who share the protected characteristic to— \n\ta) overcome or minimise that disadvantage, or \n\tb) participate in that activity. \n3) That action is treating a person (A) more favourably  in connection with recruitment or promotion than another person (B) because A has the protected characteristic but B does not. \n4) But subsection (2) applies only if— \n\ta) A is as qualified as B to be recruited or promoted, \n\tb) P does not have a policy of treating persons who share the protected characteristic more favourably in connection with recruitment or promotion than persons who do not share it, and \n\tc) taking the action in question is a proportionate means of achieving the aim referred to in subsection (2). \n5) “Recruitment” means a process for deciding whether to— \n\ta) offer employment to a person, \n\tb) make contract work available to a contract worker, \n\tc) offer a person a position as a partner in a firm or proposed firm, \n\td) offer a person a position as a member of an LLP or proposed LLP, \n\te) offer a person a pupillage or tenancy in barristers' chambers, \n\tf) take a person as an advocate's devil or offer a person membership of an advocate's stable, \n\tg) offer a person an appointment to a personal office, \n\th) offer a person an appointment to a public office, recommend a person for such an appointment or approve a person's appointment to a public office, or \n\ti) offer a person a service for finding employment. \n6) This section does not enable P to do anything that is prohibited by or under an enactment other than this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/159",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/159",
    "legislation_id": "ukpga/2010/15",
    "title": "Positive action: recruitment and promotion",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 159,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781354Z",
    "text": "Section 60) **Enquiries about disability and health**\n\n1) A person (A) to whom an application for work is made must not ask about the health of the applicant (B)— \n\ta) before offering work to B, or \n\tb) where A is not in a position to offer work to B, before including B in a pool of applicants from whom A intends (when in a position to do so) to select a person to whom to offer work. \n2) A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8), is enforceable only by the Commission under that Part). \n3) A does not contravene a relevant disability provision merely by asking about B's health; but A's conduct in reliance on information given in response may be a contravention of a relevant disability provision. \n4) Subsection (5) applies if B brings proceedings before an employment tribunal on a complaint that A's conduct in reliance on information given in response to a question about B's health is a contravention of a relevant disability provision. \n5) In the application of section 136 to the proceedings, the particulars of the complaint are to be treated for the purposes of subsection (2) of that section as facts from which the tribunal could decide that A contravened the provision. \n6) This section does not apply to a question that A asks in so far as asking the question is necessary for the purpose of— \n\ta) establishing whether B will be able to comply with a requirement to undergo an assessment or establishing whether a duty to make reasonable adjustments is or will be imposed on A in relation to B in connection with a requirement to undergo an assessment, \n\tb) establishing whether B will be able to carry out a function that is intrinsic to the work concerned, \n\tc) monitoring diversity in the range of persons applying to A for work, \n\td) taking action to which section 158 would apply if references in that section to persons who share (or do not share) a protected characteristic were references to disabled persons (or persons who are not disabled) and the reference to the characteristic were a reference to disability, or \n\te) if A applies in relation to the work a requirement to have a particular disability, establishing whether B has that disability. \n7) In subsection (6)(b), where A reasonably believes that a duty to make reasonable adjustments would be imposed on A in relation to B in connection with the work, the reference to a function that is intrinsic to the work is to be read as a reference to a function that would be intrinsic to the work once A complied with the duty. \n8) Subsection (6)(e) applies only if A shows that, having regard to the nature or context of the work— \n\ta) the requirement is an occupational requirement, and \n\tb) the application of the requirement is a proportionate means of achieving a legitimate aim. \n9) “Work” means employment, contract work, a position as a partner, a position as a member of an LLP, a pupillage or tenancy, being taken as a devil, membership of a stable, an appointment to a personal or public office, or the provision of an employment service; and the references in subsection (1) to offering a person work are, in relation to contract work, to be read as references to allowing a person to do the work. \n10) A reference to offering work is a reference to making a conditional or unconditional offer of work (and, in relation to contract work, is a reference to allowing a person to do the work subject to fulfilment of one or more conditions). \n11) The following, so far as relating to discrimination within section 13 because of disability, are relevant disability provisions— \n\ta) section 39(1)(a) or (c); \n\tb) section 41(1)(b); \n\tc) section 44(1)(a) or (c); \n\td) section 45(1)(a) or (c); \n\te) section 47(1)(a) or (c); \n\tf) section 48(1)(a) or (c); \n\tg) section 49(3)(a) or (c); \n\th) section 50(3)(a) or (c); \n\ti) section 51(1); \n\tj) section 55(1)(a) or (c); \n\tk) section 60A(1). \n12) An assessment is an interview or other process designed to give an indication of a person's suitability for the work concerned. \n13) For the purposes of this section, whether or not a person has a disability is to be regarded as an aspect of that person's health. \n14) This section does not apply to anything done for the purpose of vetting applicants for work for reasons of national security. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/60",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/60",
    "legislation_id": "ukpga/2010/15",
    "title": "Enquiries about disability and health",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "number": 60,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781993Z",
    "text": "Section 195) **Sport**\n\n1) A person does not contravene this Act, so far as relating to sex, only by doing anything in relation to the participation of another as a competitor in a gender-affected activity. \n2) A person does not contravene section 29, 33, 34 or 35, so far as relating to gender reassignment, only by doing anything in relation to the participation of a transsexual person as a competitor in a gender-affected activity if it is necessary to do so to secure in relation to the activity— \n\ta) fair competition, or \n\tb) the safety of competitors. \n3) A gender-affected activity is a sport, game or other activity of a competitive nature in circumstances in which the physical strength, stamina or physique of average persons of one sex would put them at a disadvantage compared to average persons of the other sex as competitors in events involving the activity. \n4) In considering whether a sport, game or other activity is gender-affected in relation to children, it is appropriate to take account of the age and stage of development of children who are likely to be competitors. \n5) A person who does anything to which subsection (6) applies does not contravene this Act only because of the nationality or place of birth of another or because of the length of time the other has been resident in a particular area or place. \n6) This subsection applies to— \n\ta) selecting one or more persons to represent a country, place or area or a related association, in a sport or game or other activity of a competitive nature; \n\tb) doing anything in pursuance of the rules of a competition so far as relating to eligibility to compete in a sport or game or other such activity. \n7) A person does not contravene this Act, so far as relating to age discrimination, only by doing anything in relation to the participation of another as a competitor in an age-banded activity if it is necessary to do so— \n\ta) to secure in relation to the activity fair competition or the safety of competitors, \n\tb) to comply with the rules of a national or international competition, or \n\tc) to increase participation in that activity. \n8) For the purposes of subsection (7), an age-banded activity is a sport, game or other activity of a competitive nature in circumstances in which the physical or mental strength, agility, stamina, physique, mobility, maturity or manual dexterity of average persons of a particular age group would put them at a disadvantage compared to average persons of another age group as competitors in events involving the activity. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/195",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/195",
    "legislation_id": "ukpga/2010/15",
    "title": "Sport",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 195,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782341Z",
    "text": "SCHEDULE 23 General exceptions Section 196 *Acts authorised by statute or the executive*\n\n1) \n1) This paragraph applies to anything done— \n\ta) in pursuance of an enactment; \n\tb) in pursuance of an instrument made by a member of the executive under an enactment; \n\tc) to comply with a requirement imposed (whether before or after the passing of this Act) by a member of the executive by virtue of an enactment; \n\td) in pursuance of arrangements made (whether before or after the passing of this Act) by or with the approval of, or for the time being approved by, a Minister of the Crown; \n\te) to comply with a condition imposed (whether before or after the passing of this Act) by a Minister of the Crown. \n2) A person does not contravene Part 3, 4, 5 or 6 by doing anything to which this paragraph applies which discriminates against another because of the other's nationality. \n3) A person (A) does not contravene Part 3, 4, 5 or 6 if, by doing anything to which this paragraph applies, A discriminates against another (B) by applying to B a provision, criterion or practice which relates to— \n\ta) B's place of ordinary residence; \n\tb) the length of time B has been present or resident in or outside the United Kingdom or an area within it. *Organisations relating to religion or belief*\n\n2) \n1) This paragraph applies to an organisation the purpose of which is— \n\ta) to practise a religion or belief, \n\tb) to advance a religion or belief, \n\tc) to teach the practice or principles of a religion or belief, \n\td) to enable persons of a religion or belief to receive any benefit, or to engage in any activity, within the framework of that religion or belief, or \n\te) to foster or maintain good relations between persons of different religions or beliefs. \n2) This paragraph does not apply to an organisation whose sole or main purpose is commercial. \n3) The organisation does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting— \n\ta) membership of the organisation; \n\tb) participation in activities undertaken by the organisation or on its behalf or under its auspices; \n\tc) the provision of goods, facilities or services in the course of activities undertaken by the organisation or on its behalf or under its auspices; \n\td) the use or disposal of premises owned or controlled by the organisation. \n4) A person does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by doing anything mentioned in sub-paragraph (3) on behalf of or under the auspices of the organisation. \n5) A minister does not contravene Part 3, 4 or 7, so far as relating to religion or belief or sexual orientation, only by restricting— \n\ta) participation in activities carried on in the performance of the minister's functions in connection with or in respect of the organisation; \n\tb) the provision of goods, facilities or services in the course of activities carried on in the performance of the minister's functions in connection with or in respect of the organisation. \n6) Sub-paragraphs (3) to (5) permit a restriction relating to religion or belief only if it is imposed— \n\ta) because of the purpose of the organisation, or \n\tb) to avoid causing offence, on grounds of the religion or belief to which the organisation relates, to persons of that religion or belief. \n7) Sub-paragraphs (3) to (5) permit a restriction relating to sexual orientation only if it is imposed— \n\ta) because it is necessary to comply with the doctrine of the organisation, or \n\tb) to avoid conflict with strongly held convictions within sub-paragraph (9). \n8) In sub-paragraph (5), the reference to a minister is a reference to a minister of religion, or other person, who— \n\ta) performs functions in connection with a religion or belief to which the organisation relates, and \n\tb) holds an office or appointment in, or is accredited, approved or recognised for the purposes of the organisation. \n9) The strongly held convictions are— \n\ta) in the case of a religion, the strongly held religious convictions of a significant number of the religion's followers; \n\tb) in the case of a belief, the strongly held convictions relating to the belief of a significant number of the belief's followers. \n9A) An organisation does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the organisation to be used— \n\ta) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex; \n\taa) to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other; \n\tb) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex or that it is between two persons of the opposite sex . \n9B) A person (or a group of persons) does not contravene Part 3, 4 or 7 only by refusing to allow premises owned or controlled by the person (or the group) on behalf of an organisation to be used— \n\ta) to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex; \n\taa) to solemnise a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other; \n\tb) to register a relevant Scottish civil partnership for the reason that the civil partnership is between two persons of the same sex or that it is between two persons of the opposite sex . \n9C) An organisation does not contravene section 29 only by allowing an approved celebrant of the organisation to act as set out in sub-paragraph (1) , (1A) or (2) of paragraph 25B of Schedule 3. \n9D) In sub-paragraphs (9A) to (9C), “approved celebrant”, “relevant Scottish marriage” and “relevant Scottish civil partnership” have the same meaning as in paragraph 25B of Schedule 3. \n10) This paragraph does not permit anything which is prohibited by section 29, so far as relating to sexual orientation, if it is done— \n\ta) on behalf of a public authority, and \n\tb) under the terms of a contract between the organisation and the public authority. \n11) In the application of this paragraph in relation to sexual orientation, sub-paragraph (1)(e) must be ignored. \n12) In the application of this paragraph in relation to sexual orientation, in sub-paragraph (3)(d),  “disposal” does not include disposal of an interest in premises by way of sale if the interest being disposed of is— \n\ta) the entirety of the organisation's interest in the premises, or \n\tb) the entirety of the interest in respect of which the organisation has power of disposal. \n13) In this paragraph— \n\ta) “disposal” is to be construed in accordance with section 38; \n\tb) “public authority” has the meaning given in section 150(1). *Communal accommodation*\n\n3) \n1) A person does not contravene this Act, so far as relating to sex discrimination or gender reassignment discrimination, only because of anything done in relation to— \n\ta) the admission of persons to communal accommodation; \n\tb) the provision of a benefit, facility or service linked to the accommodation. \n2) Sub-paragraph (1)(a) does not apply unless the accommodation is managed in a way which is as fair as possible to both men and women. \n3) In applying sub-paragraph (1)(a), account must be taken of— \n\ta) whether and how far it is reasonable to expect that the accommodation should be altered or extended or that further accommodation should be provided, and \n\tb) the frequency of the demand or need for use of the accommodation by persons of one sex as compared with those of the other. \n4) In applying sub-paragraph (1)(a) in relation to gender reassignment, account must also be taken of whether and how far the conduct in question is a proportionate means of achieving a legitimate aim. \n5) Communal accommodation is residential accommodation which includes dormitories or other shared sleeping accommodation which for reasons of privacy should be used only by persons of the same sex. \n6) Communal accommodation may include— \n\ta) shared sleeping accommodation for men and for women; \n\tb) ordinary sleeping accommodation; \n\tc) residential accommodation all or part of which should be used only by persons of the same sex because of the nature of the sanitary facilities serving the accommodation. \n7) A benefit, facility or service is linked to communal accommodation if— \n\ta) it cannot properly and effectively be provided except for those using the accommodation, and \n\tb) a person could be refused use of the accommodation in reliance on sub-paragraph (1)(a). \n8) This paragraph does not apply for the purposes of Part 5 (work) unless such arrangements as are reasonably practicable are made to compensate for— \n\ta) in a case where sub-paragraph (1)(a) applies, the refusal of use of the accommodation; \n\tb) in a case where sub-paragraph (1)(b) applies, the refusal of provision of the benefit, facility or service. *Training provided to non-... residents, etc.*\n\n4) \n1) A person (A) does not contravene this Act, so far as relating to nationality, only by providing a non-resident (B) with training, if A thinks that B does not intend to exercise in Great Britain skills B obtains as a result. \n2) A non-resident is a person who is not ordinarily resident in Great Britain . \n3) The reference to providing B with training is— \n\ta) if A employs B in relevant employment, a reference to doing anything in or in connection with the employment; \n\tb) if A as a principal allows B to do relevant contract work, a reference to doing anything in or in connection with allowing B to do the work; \n\tc) in a case within paragraph (a) or (b) or any other case, a reference to affording B access to facilities for education or training or ancillary benefits. \n4) Employment or contract work is relevant if its sole or main purpose is the provision of training in skills. \n5) In the case of training provided by the armed forces or Secretary of State for purposes relating to defence, sub-paragraph (1) has effect as if— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) in sub-paragraph (4), for  “its sole or main purpose is” there were substituted “\n                        it is for purposes including\n             ” . \n6) “Contract work” and  “principal” each have the meaning given in section 41. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/23",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/23",
    "legislation_id": "ukpga/2010/15",
    "title": "General exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781667Z",
    "text": "Section 135) **Supplementary**\n\n1) This section applies for the purposes of sections 132 to 134. \n2) A standard case is a case which is not— \n\ta) a concealment case, \n\tb) an incapacity case, or \n\tc) a concealment case and an incapacity case. \n3) A concealment case in relation to an equality clause is a case where— \n\ta) the responsible person deliberately concealed a qualifying fact (as defined by section 130) from the worker, and \n\tb) the worker commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact. \n4) A concealment case in relation to an equality rule is a case where— \n\ta) the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact (as defined by section 130) from the member, and \n\tb) the member commenced the proceedings before the end of the period of 6 years beginning with the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact. \n5) An incapacity case is a case where the worker or member— \n\ta) had an incapacity when the breach first occurred, and \n\tb) commenced the proceedings before the end of the period of 6 years beginning with the day on which the worker or member ceased to have the incapacity. \n6) A case involves a relevant incapacity or a relevant fraud or error if the period of 5 years referred to in section 132(5)(a) or 134(6)(a) is, as a result of subsection (7) below, reckoned as a period of more than 5 years; and— \n\ta) if, as a result of subsection (7), that period is reckoned as a period of more than 5 years but no more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is that extended period; \n\tb) if, as a result of subsection (7), that period is reckoned as a period of more than 20 years, the period for the purposes of section 132(5)(b) or (as the case may be) section 134(6)(b) is a period of 20 years. \n7) For the purposes of the reckoning referred to in subsection (6), no account is to be taken of time when the worker or member— \n\ta) had an incapacity, or \n\tb) was induced by a relevant fraud or error to refrain from commencing proceedings (not being a time after the worker or member could with reasonable diligence have discovered the fraud or error). \n8) For the purposes of subsection (7)— \n\ta) a fraud is relevant in relation to an equality clause if it is a fraud on the part of the responsible person; \n\tb) an error is relevant in relation to an equality clause if it is induced by the words or conduct of the responsible person; \n\tc) a fraud is relevant in relation to an equality rule if it is a fraud on the part of the employer or the trustees or managers of the scheme; \n\td) an error is relevant in relation to an equality rule if it is induced by the words or conduct of the employer or the trustees or managers of the scheme. \n9) A reference in subsection (8) to the responsible person, the employer or the trustees or managers includes a reference to a person acting on behalf of the person or persons concerned. \n10) In relation to terms of service, a reference in section 132(5) or subsection (3) or (5)(b) of this section to commencing proceedings is to be read as a reference to making a service complaint. \n11) A reference to a pensioner member of a scheme includes a reference to a person who is entitled to the present payment of pension or other benefits derived through a member. \n12) In relation to proceedings before a court— \n\ta) a reference to a complaint is to be read as a reference to a claim, and \n\tb) a reference to a complainant is to be read as a reference to a claimant. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/135",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/135",
    "legislation_id": "ukpga/2010/15",
    "title": "Supplementary",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 135,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782364Z",
    "text": "SCHEDULE 28 Index of defined expressions Section 214 ExpressionProvisionAccrual of rights, in relation to an occupational pension schemeSection 212(12)Additional maternity leaveSection 213(6) and (7)Additional maternity leave periodSection 213(8)Age discriminationSection 25(1)Age groupSection 5(2)Armed forcesSection 212(1)AssociationSection 107(2)Auxiliary aidSection 20(11)BeliefSection 10(2)Breach of an equality clause or ruleSection 212(8)The CommissionSection 212(1)CommonholdSection 38(7)Compulsory maternity leaveSection 213(3)Contract workSection 41(6)Contract workerSection 41(7)Contravention of this ActSection 212(9)Crown employmentSection 83(9)DetrimentSection 212(1) and (5)DisabilitySection 6(1)Disability discriminationSection 25(2)Disabled personSection 6(2) and (4)DiscriminationSections 13 to  19A, 21 and 108Disposal, in relation to premisesSection 38(3) to (5)Education ActsSection 212(1)Employer, in relation to an occupational pension schemeSection 212(11)EmploymentSection 212(1)EnactmentSection 212(1)Equality clauseSection 212(1)Equality ruleSection 212(1)FirmSection 46(2)Gender reassignmentSection 7(1)Gender reassignment discriminationSection 25(3)HarassmentSection 26(1)Independent educational institutionSection 89(7)LLPSection 46(4)ManSection 212(1)Marriage and civil partnershipSection 8Marriage and civil partnership discriminationSection 25(4)Maternity equality clauseSection 212(1)Maternity equality ruleSection 212(1)Maternity leaveSection 213(2)Member, in relation to an occupational pension schemeSection 212(10)Member of the executiveSection 212(7)Non-discrimination ruleSection 212(1)Occupation, in relation to premisesSection 212(6)Occupational pension schemeSection 212(1)Offshore workSection 82(3)Ordinary maternity leaveSection 213(4) and (5)ParentSection 212(1)Pension credit memberSection 212(11)Pensionable serviceSection 212(11)Pensioner memberSection 212(11)Personal officeSection 49(2)Physical featureSection 20(10)Pregnancy and maternity discriminationSection 25(5)PremisesSection 38(2)PrescribedSection 212(1)ProfessionSection 212(1)Proposed firmSection 46(3)Proposed LLPSection 46(5)Proprietor, in relation to a schoolSection 89(4)Protected characteristicsSection 4Protected period, in relation to pregnancySection 18(6)Provision of a serviceSections 31 and 212(4)Public functionSections 31(4) and 150(5)Public officeSections 50(2) and 52(4)PupilSection 89(3)RaceSection 9(1)Race discriminationSection 25(6)Reasonable adjustments, duty to makeSection 20Relevant member of the House of Commons staffSection 83(5)Relevant member of the House of Lords staffSection 83(6)Relevant person, in relation to a personal or public officeSection 52(6)ReligionSection 10(1)Religious or belief-related discriminationSection 25(7)Requirement, the first, second or thirdSection 20Responsible body, in relation to a further or higher education institutionSection 91(12)Responsible body, in relation to a schoolSection 85(9)SchoolSection 89(5) and (6)Service-providerSection 29(1)SexSection 11Sex discriminationSection 25(8)Sex equality clauseSection 212(1)Sex equality ruleSection 212(1)Sexual orientationSection 12(1)Sexual orientation discriminationSection 25(9)StudentSection 94(3)Subordinate legislationSection 212(1)SubstantialSection 212(1)Taxi, for the purposes of Part 3 (services and public functions)Schedule 2, paragraph 4Taxi, for the purposes of Chapter 1 of Part 12 (disabled persons: transport)Section 173(1)TenancySection 38(6)TradeSection 212(1)Transsexual personSection 7(2)Trustees or managers, in relation to an occupational pension schemeSection 212(11)UniversitySection 94(4)VictimisationSection 27(1)Vocational trainingSection 56(6)WomanSection 212(1) ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/28",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/28",
    "legislation_id": "ukpga/2010/15",
    "title": "Index of defined expressions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 28,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781379Z",
    "text": "Section 65) **Equal work**\n\n1) For the purposes of this Chapter, A's work is equal to that of B if it is— \n\ta) like B's work, \n\tb) rated as equivalent to B's work, or \n\tc) of equal value to B's work. \n2) A's work is like B's work if— \n\ta) A's work and B's work are the same or broadly similar, and \n\tb) such differences as there are between their work are not of practical importance in relation to the terms of their work. \n3) So on a comparison of one person's work with another's for the purposes of subsection (2), it is necessary to have regard to— \n\ta) the frequency with which differences between their work occur in practice, and \n\tb) the nature and extent of the differences. \n4) A's work is rated as equivalent to B's work if a job evaluation study— \n\ta) gives an equal value to A's job and B's job in terms of the demands made on a worker, or \n\tb) would give an equal value to A's job and B's job in those terms were the evaluation not made on a sex-specific system. \n5) A system is sex-specific if, for the purposes of one or more of the demands made on a worker, it sets values for men different from those it sets for women. \n6) A's work is of equal value to B's work if it is— \n\ta) neither like B's work nor rated as equivalent to B's work, but \n\tb) nevertheless equal to B's work in terms of the demands made on A by reference to factors such as effort, skill and decision-making. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/65",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/65",
    "legislation_id": "ukpga/2010/15",
    "title": "Equal work",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 65,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782000Z",
    "text": "Section 197) **Age**\n\n1) A Minister of the Crown may by order amend this Act to provide that any of the following does not contravene this Act so far as relating to age— \n\ta) specified conduct; \n\tb) anything done for a specified purpose; \n\tc) anything done in pursuance of arrangements of a specified description. \n2) Specified conduct is conduct— \n\ta) of a specified description, \n\tb) carried out in specified circumstances, or \n\tc) by or in relation to a person of a specified description. \n3) An order under this section may— \n\ta) confer on a Minister of the Crown or the Treasury a power to issue guidance about the operation of the order (including, in particular, guidance about the steps that may be taken by persons wishing to rely on an exception provided for by the order); \n\tb) require the Minister or the Treasury to carry out consultation before issuing guidance under a power conferred by virtue of paragraph (a); \n\tc) make provision (including provision to impose a requirement) that refers to guidance issued under a power conferred by virtue of paragraph (a). \n4) Guidance given by a Minister of the Crown or the Treasury in anticipation of the making of an order under this section is, on the making of the order, to be treated as if it has been issued in accordance with the order. \n5) For the purposes of satisfying a requirement imposed by virtue of subsection (3)(b), the Minister or the Treasury may rely on consultation carried out before the making of the order that imposes the requirement (including consultation carried out before the commencement of this section). \n6) Provision by virtue of subsection (3)(c) may, in particular, refer to provisions of the guidance that themselves refer to a document specified in the guidance. \n7) Guidance issued (or treated as issued) under a power conferred by virtue of subsection (3)(a) comes into force on such day as the person who issues the guidance may by order appoint; and an order under this subsection may include the text of the guidance or of extracts from it. \n8) This section is not affected by any provision of this Act which makes special provision in relation to age. \n9) The references to this Act in subsection (1) do not include references to— \n\ta) Part 5 (work); \n\tb) Chapter 2 of Part 6 (further and higher education). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/197",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/197",
    "legislation_id": "ukpga/2010/15",
    "title": "Age",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 197,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782278Z",
    "text": "SCHEDULE 9 Work: exceptions Section 83 ## Part 1\n## Occupational requirements\n\n*General*\n\n1) \n1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to work a requirement to have a particular protected characteristic, if A shows that, having regard to the nature or context of the work— \n\ta) it is an occupational requirement, \n\tb) the application of the requirement is a proportionate means of achieving a legitimate aim, and \n\tc) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). \n2) The provisions are— \n\ta) section 39(1)(a) or (c) or (2)(b) or (c); \n\tb) section 41(1)(b); \n\tc) section 44(1)(a) or (c) or (2)(b) or (c); \n\td) section 45(1)(a) or (c) or (2)(b) or (c); \n\te) section 49(3)(a) or (c) or (6)(b) or (c); \n\tf) section 50(3)(a) or (c) or (6)(b) or (c); \n\tg) section 51(1); \n\th) section 60A(1). \n3) The references in sub-paragraph (1) to a requirement to have a protected characteristic are to be read— \n\ta) in the case of gender reassignment, as references to a requirement not to be a transsexual person (and section 7(3) is accordingly to be ignored); \n\tb) in the case of marriage and civil partnership, as references to a requirement not to be married or a civil partner (and section 8(2) is accordingly to be ignored). \n4) In the case of a requirement to be of a particular sex, sub-paragraph (1) has effect as if in paragraph (c), the words from  “(or” to the end were omitted. *Religious requirements relating to sex, marriage etc., sexual orientation*\n\n2) \n1) A person (A) does not contravene a provision mentioned in sub-paragraph (2) by applying in relation to employment a requirement to which sub-paragraph (4) applies if A shows that— \n\ta) the employment is for the purposes of an organised religion, \n\tb) the application of the requirement engages the compliance or non-conflict principle, and \n\tc) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). \n2) The provisions are— \n\ta) section 39(1)(a) or (c) or (2)(b) or (c); \n\tb) section 49(3)(a) or (c) or (6)(b) or (c); \n\tc) section 50(3)(a) or (c) or (6)(b) or (c); \n\td) section 51(1); \n\te) section 60A(1). \n3) A person does not contravene section 53(1) or (2)(a) or (b) by applying in relation to a relevant qualification (within the meaning of that section) a requirement to which sub-paragraph (4) applies if the person shows that— \n\ta) the qualification is for the purposes of employment mentioned in sub-paragraph (1)(a), and \n\tb) the application of the requirement engages the compliance or non-conflict principle. \n4) This sub-paragraph applies to— \n\ta) a requirement to be of a particular sex; \n\tb) a requirement not to be a transsexual person; \n\tc) a requirement not to be married or a civil partner; \n\tca) a requirement not to be married to , or the civil partner of, a person of the same sex; \n\tcb) a requirement not to be the civil partner of a person of the opposite sex; \n\td) a requirement not to be married to, or the civil partner of, a person who has a living former spouse or civil partner; \n\te) a requirement relating to circumstances in which a marriage or civil partnership came to an end; \n\tf) a requirement related to sexual orientation. \n5) The application of a requirement engages the compliance principle if the requirement is applied so as to comply with the doctrines of the religion. \n6) The application of a requirement engages the non-conflict principle if, because of the nature or context of the employment, the requirement is applied so as to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers. \n7) A reference to employment includes a reference to an appointment to a personal or public office. \n8) In the case of a requirement within sub-paragraph (4)(a), sub-paragraph (1) has effect as if in paragraph (c) the words from  “(or” to the end were omitted. *Other requirements relating to religion or belief*\n\n3) A person (A) with an ethos based on religion or belief does not contravene a provision mentioned in paragraph 1(2) by applying in relation to work a requirement to be of a particular religion or belief if A shows that, having regard to that ethos and to the nature or context of the work— \n\ta) it is an occupational requirement, \n\tb) the application of the requirement is a proportionate means of achieving a legitimate aim, and \n\tc) the person to whom A applies the requirement does not meet it (or A has reasonable grounds for not being satisfied that the person meets it). *Armed forces*\n\n4) \n1) A person does not contravene section 39(1)(a) or (c) or (2)(b) or section 60A(1) by applying in relation to service in the armed forces a relevant requirement if the person shows that the application is a proportionate means of ensuring the combat effectiveness of the armed forces. \n2) A relevant requirement is— \n\ta) a requirement to be a man; \n\tb) a requirement not to be a transsexual person. \n3) This Part of this Act, so far as relating to age or disability, does not apply to service in the armed forces; and section 55, so far as relating to disability, does not apply to work experience in the armed forces. *Employment services*\n\n5) \n1) A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that A's treatment of another person relates only to work the offer of which could be refused to that other person in reliance on paragraph 1, 2, 3 or 4. \n2) A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that A's treatment of another person relates only to training for work of a description mentioned in sub-paragraph (1). \n3) A person (A) does not contravene section 55(1) or (2) or section 60A(1) if A shows that— \n\ta) A acted in reliance on a statement made to A by a person with the power to offer the work in question to the effect that, by virtue of sub-paragraph (1) or (2), A's action would be lawful, and \n\tb) it was reasonable for A to rely on the statement. \n4) A person commits an offence by knowingly or recklessly making a statement such as is mentioned in sub-paragraph (3)(a) which in a material respect is false or misleading. \n5) A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. *Interpretation*\n\n6) \n1) This paragraph applies for the purposes of this Part of this Schedule. \n2) A reference to contravening a provision of this Act is a reference to contravening that provision by virtue of section 13. \n3) A reference to work is a reference to employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office. \n4) A reference to a person includes a reference to an organisation. \n5) A reference to section 39(2)(b), 44(2)(b), 45(2)(b), 49(6)(b) or 50(6)(b) is to be read as a reference to that provision with the omission of the words  “or for receiving any other benefit, facility or service”. \n6) A reference to section 39(2)(c), 44(2)(c), 45(2)(c), 49(6)(c), 50(6)(c), 53(2)(a) or 55(2)(c) (dismissal, etc.) does not include a reference to that provision so far as relating to sex. \n7) The reference to paragraph (b) of section 41(1), so far as relating to sex, is to be read as if that paragraph read— \n\tb) by not allowing the worker to do the work. ## Part 2\n## Exceptions relating to age\n\n*Preliminary*\n\n7) For the purposes of this Part of this Schedule, a reference to an age contravention is a reference to a contravention of this Part of this Act, so far as relating to age. *Retirement*\n\n8)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Applicants at or approaching retirement age*\n\n9)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Benefits based on length of service*\n\n10) \n1) It is not an age contravention for a person (A) to put a person (B) at a disadvantage when compared with another (C), in relation to the provision of a benefit, facility or service in so far as the disadvantage is because B has a shorter period of service than C. \n2) If B's period of service exceeds 5 years, A may rely on sub-paragraph (1) only if A reasonably believes that doing so fulfils a business need. \n3) A person's period of service is whichever of the following A chooses— \n\ta) the period for which the person has been working for A at or above a level (assessed by reference to the demands made on the person) that A reasonably regards as appropriate for the purposes of this paragraph, or \n\tb) the period for which the person has been working for A at any level. \n4) The period for which a person has been working for A must be based on the number of weeks during the whole or part of which the person has worked for A. \n5) But for that purpose A may, so far as is reasonable, discount— \n\ta) periods of absence; \n\tb) periods that A reasonably regards as related to periods of absence. \n6) For the purposes of sub-paragraph (3)(b), a person is to be treated as having worked for A during any period in which the person worked for a person other than A if— \n\ta) that period counts as a period of employment with A as a result of section 218 of the Employment Rights Act 1996, or \n\tb) if sub-paragraph (a) does not apply, that period is treated as a period of employment by an enactment pursuant to which the person's employment was transferred to A. \n7) For the purposes of this paragraph, the reference to a benefit, facility or service does not include a reference to a benefit, facility or service which may be provided only by virtue of a person's ceasing to work. *The national minimum wage: young workers*\n\n11) \n1) It is not an age contravention for a person to pay a young worker (A) at a lower rate than that at which the person pays an older worker (B) if— \n\ta) the hourly rate for the national minimum wage for a person of A's age is lower than that for a person of B's age, and \n\tb) the rate at which A is paid is below the single hourly rate. \n2) A young worker is a person who qualifies for the national minimum wage at a lower rate than the single hourly rate; and an older worker is a person who qualifies for the national minimum wage at a higher rate than that at which the young worker qualifies for it. \n3) The single hourly rate is the rate prescribed under section 1(3) of the National Minimum Wage Act 1998. *The national minimum wage: apprentices*\n\n12) \n1) It is not an age contravention for a person to pay an apprentice who does not qualify for the national minimum wage at a lower rate than the person pays an apprentice who does. \n2) An apprentice is a person who— \n\ta) is employed under a contract of apprenticeship, or \n\tb) as a result of provision made by virtue of section 3(2)(a) of the National Minimum Wage Act 1998 (persons not qualifying), is treated as employed under a contract of apprenticeship. *Redundancy*\n\n13) \n1) It is not an age contravention for a person to give a qualifying employee an enhanced redundancy payment of an amount less than that of an enhanced redundancy payment which the person gives to another qualifying employee, if each amount is calculated on the same basis. \n2) It is not an age contravention to give enhanced redundancy payments only to those who are qualifying employees by virtue of sub-paragraph (3)(a) or (b). \n3) A person is a qualifying employee if the person— \n\ta) is entitled to a redundancy payment as a result of section 135 of the Employment Rights Act 1996, \n\tb) agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled, \n\tc) would have been so entitled but for section 155 of that Act (requirement for two years' continuous employment), or \n\td) agrees to the termination of the employment in circumstances where the person would, if dismissed, have been so entitled but for that section. \n4) An enhanced redundancy payment is a payment the amount of which is, subject to sub-paragraphs (5) and (6), calculated in accordance with section 162(1) to (3) of the Employment Rights Act 1996. \n5) A person making a calculation for the purposes of sub-paragraph (4)— \n\ta) may treat a week's pay as not being subject to a maximum amount; \n\tb) may treat a week's pay as being subject to a maximum amount above that for the time being specified in section 227(1) of the Employment Rights Act 1996; \n\tc) may multiply the appropriate amount for each year of employment by a figure of more than one. \n6) Having made a calculation for the purposes of sub-paragraph (4) (whether or not in reliance on sub-paragraph (5)), a person may multiply the amount calculated by a figure of more than one. \n7) In sub-paragraph (5),  “the appropriate amount” has the meaning given in section 162 of the Employment Rights Act 1996, and  “a week's pay” is to be read with Chapter 2 of Part 14 of that Act. \n8) For the purposes of sub-paragraphs (4) to (6), the reference to  “the relevant date” in subsection (1)(a) of section 162 of that Act is, in the case of a person who is a qualifying employee by virtue of sub-paragraph (3)(b) or (d), to be read as reference to the date of the termination of the employment. *Insurance etc.*\n\n14) \n1) It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of an employee for a period ending when the employee attains whichever is the greater of— \n\ta) the age of 65, and \n\tb) the state pensionable age. \n2) It is not an age contravention for an employer to make arrangements for, or afford access to, the provision of insurance or a related financial service to or in respect of only such employees as have not attained whichever is the greater of— \n\ta) the age of 65, and \n\tb) the state pensionable age. \n3) Sub-paragraphs (1) and (2) apply only where the insurance or related financial service is, or is to be, provided to the employer's employees or a class of those employees— \n\ta) in pursuance of an arrangement between the employer and another person, or \n\tb) where the employer's business includes the provision of insurance or financial services of the description in question, by the employer. \n4) The state pensionable age is the pensionable age determined in accordance with the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995. *Child care*\n\n15) \n1) A person does not contravene a relevant provision, so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group. \n2) The relevant provisions are— \n\ta) section 39(2)(b); \n\tb) section 41(1)(c); \n\tc) section 44(2)(b); \n\td) section 45(2)(b); \n\te) section 47(2)(b); \n\tf) section 48(2)(b); \n\tg) section 49(6)(b); \n\th) section 50(6)(b); \n\ti) section 57(2)(a); \n\tj) section 58(3)(a). \n3) Facilitating the provision of care for a child includes— \n\ta) paying for some or all of the cost of the provision; \n\tb) helping a parent of the child to find a suitable person to provide care for the child; \n\tc) enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child. \n4) A child is a person who has not attained the age of 17. \n5) A reference to care includes a reference to supervision. *Contributions to personal pension schemes*\n\n16) \n1) A Minister of the Crown may by order provide that it is not an age contravention for an employer to maintain or use, with respect to contributions to personal pension schemes, practices, actions or decisions relating to age which are of a specified description. \n2) An order authorising the use of practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate. \n3) “Personal pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993; and  “employer”, in relation to a personal pension scheme, has the meaning given in section 318(1) of the Pensions Act 2004. ## Part 3\n## Other exceptions\n\n*Non-contractual payments to women on maternity leave*\n\n17) \n1) A person does not contravene section 39(1)(b) or (2), so far as relating to pregnancy and maternity, by depriving a woman who is on maternity leave of any benefit from the terms of her employment relating to pay. \n2) The reference in sub-paragraph (1) to benefit from the terms of a woman's employment relating to pay does not include a reference to— \n\ta) maternity-related pay (including maternity-related pay that is increase-related), \n\tb) pay (including increase-related pay) in respect of times when she is not on maternity leave, or \n\tc) pay by way of bonus in respect of times when she is on compulsory maternity leave. \n3) For the purposes of sub-paragraph (2), pay is increase-related in so far as it is to be calculated by reference to increases in pay that the woman would have received had she not been on maternity leave. \n4) A reference to terms of her employment is a reference to terms of her employment that are not in her contract of employment, her contract of apprenticeship or her contract to do work personally. \n5) “Pay” means benefits— \n\ta) that consist of the payment of money to an employee by way of wages or salary, and \n\tb) that are not benefits whose provision is regulated by the contract referred to in sub-paragraph (4). \n6) “Maternity-related pay” means pay to which a woman is entitled— \n\ta) as a result of being pregnant, or \n\tb) in respect of times when she is on maternity leave. *Benefits dependent on marital status, etc.*\n\n18) \n1) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by doing anything which prevents or restricts a person who is not within sub-paragraph (1A) from having access to a benefit, facility or service— \n\ta) the right to which accrued before 5 December 2005 (the day on which section 1 of the Civil Partnership Act 2004 came into force), or \n\tb) which is payable in respect of periods of service before that date. \n1A) A person is within this sub-paragraph if the person is— \n\ta) a man who is married to a woman, or \n\tb) a woman who is married to a man, or \n\tc) married to a person of the same sex in a relevant gender change case. \n1B) The reference in sub-paragraph (1A)(c) to a relevant gender change case is a reference to a case where— \n\ta) the married couple were of the opposite sex at the time of their marriage, and \n\tb) a full gender recognition certificate has been issued to one of the couple under the Gender Recognition Act 2004. \n1C) Sub-paragraph (1) does not apply in relation to access to a benefit payable under an occupational pension scheme to the surviving spouse or surviving civil partner of a deceased member or deceased pension credit member of the scheme. \n2) A person does not contravene this Part of this Act, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service. *Provision of services etc. to the public*\n\n19) \n1) A does not contravene a provision mentioned in sub-paragraph (2) in relation to the provision of a benefit, facility or service to B if A is concerned with the provision (for payment or not) of a benefit, facility or service of the same description to the public. \n2) The provisions are— \n\ta) section 39(2) and (4); \n\tb) section 41(1) and (3); \n\tc) sections 44(2) and (6) and 45(2) and (6); \n\td) sections 49(6) and (8) and 50(6), (7), (9) and (10). \n3) Sub-paragraph (1) does not apply if— \n\ta) the provision by A to the public differs in a material respect from the provision by A to comparable persons, \n\tb) the provision to B is regulated by B's terms, or \n\tc) the benefit, facility or service relates to training. \n4) “Comparable persons” means— \n\ta) in relation to section 39(2) or (4), the other employees; \n\tb) in relation to section 41(1) or (3), the other contract workers supplied to the principal; \n\tc) in relation to section 44(2) or (6), the other partners of the firm; \n\td) in relation to section 45(2) or (6), the other members of the LLP; \n\te) in relation to section 49(6) or (8) or 50(6), (7), (9) or (10), persons holding offices or posts not materially different from that held by B. \n5) “B's terms” means— \n\ta) the terms of B's employment, \n\tb) the terms on which the principal allows B to do the contract work, \n\tc) the terms on which B has the position as a partner or member, or \n\td) the terms of B's appointment to the office. \n6) A reference to the public includes a reference to a section of the public which includes B. *Insurance contracts, etc.*\n\n20) \n1) It is not a contravention of this Part of this Act, so far as relating to relevant discrimination, to do anything in relation to an annuity, life insurance policy, accident insurance policy or similar matter involving the assessment of risk if— \n\ta) that thing is done by reference to actuarial or other data from a source on which it is reasonable to rely, and \n\tb) it is reasonable to do it. \n2) “Relevant discrimination” is— \n\ta) gender reassignment discrimination; \n\tb) marriage and civil partnership discrimination; \n\tc) pregnancy and maternity discrimination; \n\td) sex discrimination. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/9",
    "legislation_id": "ukpga/2010/15",
    "title": "Work: exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
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    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781104Z",
    "text": "Section 9) **Race**\n\n1) Race includes— \n\ta) colour; \n\tb) nationality; \n\tc) ethnic or national origins. \n2) In relation to the protected characteristic of race— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a person of a particular racial group; \n\tb) a reference to persons who share a protected characteristic is a reference to persons of the same racial group. \n3) A racial group is a group of persons defined by reference to race; and a reference to a person's racial group is a reference to a racial group into which the person falls. \n4) The fact that a racial group comprises two or more distinct racial groups does not prevent it from constituting a particular racial group. \n5) A Minister of the Crown  ...— \n\ta) must by order amend this section so as to provide for caste to be an aspect of race; \n\tb) may by order amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to caste in specified circumstances. \n6) The power under section 207(4)(b), in its application to subsection (5), includes power to amend this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/9",
    "legislation_id": "ukpga/2010/15",
    "title": "Race",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781092Z",
    "text": "Section 6) **Disability**\n\n1) A person (P) has a disability if— \n\ta) P has a physical or mental impairment, and \n\tb) the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities. \n2) A reference to a disabled person is a reference to a person who has a disability. \n3) In relation to the protected characteristic of disability— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a person who has a particular disability; \n\tb) a reference to persons who share a protected characteristic is a reference to persons who have the same disability. \n4) This Act (except Part 12 and section 190) applies in relation to a person who has had a disability as it applies in relation to a person who has the disability; accordingly (except in that Part and that section)— \n\ta) a reference (however expressed) to a person who has a disability includes a reference to a person who has had the disability, and \n\tb) a reference (however expressed) to a person who does not have a disability includes a reference to a person who has not had the disability. \n5) A Minister of the Crown may issue guidance about matters to be taken into account in deciding any question for the purposes of subsection (1). \n6) Schedule 1 (disability: supplementary provision) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/6",
    "legislation_id": "ukpga/2010/15",
    "title": "Disability",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781170Z",
    "text": "Section 24) **Irrelevance of alleged discriminator's characteristics**\n\n1) For the purpose of establishing a contravention of this Act by virtue of section 13(1), it does not matter whether A has the protected characteristic. \n2) For the purpose of establishing a contravention of this Act by virtue of section 14(1), it does not matter— \n\ta) whether A has one of the protected characteristics in the combination; \n\tb) whether A has both. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/24",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/24",
    "legislation_id": "ukpga/2010/15",
    "title": "Irrelevance of alleged discriminator's characteristics",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 24,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782012Z",
    "text": "Section 200) **Amendment of Married Women's Property Act 1964**\n\n1) In section 1 of the Married Women's Property Act 1964 (money and property derived from housekeeping allowance made by husband to be treated as belonging to husband and wife in equal shares)— \n\ta) for  “the husband for” substitute “\n                      either of them for\n             ” , and \n\tb) for  “the husband and the wife” substitute “\n                      them\n             ” . \n2) Accordingly, that Act may be cited as the Matrimonial Property Act 1964. \n3) The amendments made by this section do not have effect in relation to any allowance made before the commencement of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/200",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/200",
    "legislation_id": "ukpga/2010/15",
    "title": "Amendment of Married Women's Property Act 1964",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 200,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781687Z",
    "text": "Section 139A) **Equal pay audits**\n\n1) Regulations may make provision requiring an employment tribunal to order the respondent to carry out an equal pay audit in any case where the tribunal finds that there has been an equal pay breach. \n2) An equal pay breach is— \n\ta) a breach of an equality clause, or \n\tb) a contravention in relation to pay of section 39(2), 49(6) or 50(6), so far as relating to sex discrimination. \n3) An equal pay audit is an audit designed to identify action to be taken to avoid equal pay breaches occurring or continuing. \n4) The regulations may make further provision about equal pay audits, including provision about— \n\ta) the content of an audit; \n\tb) the powers and duties of a tribunal for deciding whether its order has been complied with; \n\tc) any circumstances in which an audit may be required to be published or may be disclosed to any person. \n5) The regulations must provide for an equal pay audit not to be ordered where the tribunal considers that— \n\ta) an audit completed by the respondent in the previous 3 years meets requirements prescribed for this purpose, \n\tb) it is clear without an audit whether any action is required to avoid equal pay breaches occurring or continuing, \n\tc) the breach the tribunal has found gives no reason to think that there may be other breaches, or \n\td) the disadvantages of an equal pay audit would outweigh its benefits. \n6) The regulations may provide for an employment tribunal to have power, where a person fails to comply with an order to carry out an equal pay audit, to order that person to pay a penalty to the Secretary of State of not more than an amount specified in the regulations. \n7) The regulations may provide for that power— \n\ta) to be exercisable in prescribed circumstances; \n\tb) to be exercisable more than once, if the failure to comply continues. \n8) The first regulations made by virtue of subsection (6) must not specify an amount of more than £5,000. \n9) Sums received by the Secretary of State under the regulations must be paid into the Consolidated Fund. \n10) The first regulations under this section must specify an exemption period during which the requirement to order an equal pay audit does not apply in the case of a business that— \n\ta) had fewer than 10 employees immediately before a specified time, or \n\tb) was begun as a new business in a specified period. \n11) For the purposes of subsection (10)— \n\ta) “specified” means specified in the regulations, and \n\tb) the number of employees a business had or the time when a business was begun as a new business is to be determined in accordance with the regulations. \n12) Before making regulations under this section, a Minister of the Crown must consult any other Minister of the Crown with responsibility for employment tribunals. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/139A",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/139A",
    "legislation_id": "ukpga/2010/15",
    "title": "Equal pay audits",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781411Z",
    "text": "Section 73) **Maternity equality clause**\n\n1) If the terms of the woman's work do not (by whatever means) include a maternity equality clause, they are to be treated as including one. \n2) A maternity equality clause is a provision that, in relation to the terms of the woman's work, has the effect referred to in section 74(1), (6) and (8). \n3) In the case of a term relating to membership of or rights under an occupational pension scheme, a maternity equality clause has only such effect as a maternity equality rule would have. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/73",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/73",
    "legislation_id": "ukpga/2010/15",
    "title": "Maternity equality clause",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 73,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782251Z",
    "text": "SCHEDULE 3 Services and public functions: exceptions Section 31 ## Part 1\n## Constitutional matters\n\n*Parliament*\n\n1) \n1) Section 29 does not apply to the exercise of— \n\ta) a function of Parliament; \n\tb) a function exercisable in connection with proceedings in Parliament. \n2) Sub-paragraph (1) does not permit anything to be done to or in relation to an individual unless it is done by or in pursuance of a resolution or other deliberation of either House or of a Committee of either House. *Legislation*\n\n2) \n1) Section 29 does not apply to preparing, making or considering— \n\ta) an Act of Parliament; \n\tb) a Bill for an Act of Parliament; \n\tc) an Act of the Scottish Parliament; \n\td) a Bill for an Act of the Scottish Parliament; \n\te) an Act of the National Assembly for Wales; \n\tf) a Bill for an Act of the National Assembly for Wales. \n2) Section 29 does not apply to preparing, making, approving or considering— \n\ta) a Measure of the National Assembly for Wales; \n\tb) a proposed Measure of the National Assembly for Wales. \n3) Section 29 does not apply to preparing, making, confirming, approving or considering an instrument which is made under an enactment by— \n\ta) a Minister of the Crown; \n\tb) the Scottish Ministers or a member of the Scottish Executive; \n\tc) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government. \n4) Section 29 does not apply to preparing, making, confirming, approving or considering an instrument to which paragraph 6(a) of Schedule 2 to the Synodical Government Measure 1969 (1969 No. 2)\n\t\t\t\t\t(Measures, Canons, Acts of Synod, orders, etc.) applies. \n5) Section 29 does not apply to anything done in connection with the preparation, making, consideration, approval or confirmation of an instrument made by— \n\ta) Her Majesty in Council; \n\tb) the Privy Council. \n6) Section 29 does not apply to anything done in connection with the imposition of a requirement or condition which comes within Schedule 22 (statutory provisions). *Judicial functions*\n\n3) \n1) Section 29 does not apply to— \n\ta) a judicial function; \n\tb) anything done on behalf of, or on the instructions of, a person exercising a judicial function; \n\tc) a decision not to commence or continue criminal proceedings; \n\td) anything done for the purpose of reaching, or in pursuance of, a decision not to commence or continue criminal proceedings. \n2) A reference in sub-paragraph (1) to a judicial function includes a reference to a judicial function conferred on a person other than a court or tribunal. *Armed forces*\n\n4) \n1) Section 29(6), so far as relating to relevant discrimination, does not apply to anything done for the purpose of ensuring the combat effectiveness of the armed forces. \n2) “Relevant discrimination” is— \n\ta) age discrimination; \n\tb) disability discrimination; \n\tc) gender reassignment discrimination; \n\td) sex discrimination. *Security services, etc.*\n\n5) Section 29 does not apply to— \n\ta) the Security Service; \n\tb) the Secret Intelligence Service; \n\tc) the Government Communications Headquarters; \n\td) a part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters. ## Part 2\n## Education\n\n\n6) In its application to a local authority in England and Wales, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to— \n\ta) the exercise of the authority's functions under section 14 of the Education Act 1996 (provision of schools); \n\tb) the exercise of its function under section 13 of that Act in so far as it relates to a function of its under section 14 of that Act. \n7) In its application to an education authority, section 29, so far as relating to age discrimination or religious or belief-related discrimination, does not apply to— \n\ta) the exercise of the authority's functions under section 17 of the Education (Scotland) Act 1980 (provision of schools); \n\tb) the exercise of its functions under section 1 of that Act, section 2 of the Standards in Scotland's Schools etc. Act 2000 (asp 6) or section 4 or 5 of the Education (Additional Support for Learning)\n\t\t\t\t\t(Scotland) Act 2004 (asp 4)\n\t\t\t\t\t(general responsibility for education) in so far as it relates to a matter specified in paragraph (a); \n\tc) the exercise of its functions under subsection (1) of section 50 of the Education (Scotland) Act 1980 (education of pupils in exceptional circumstances) in so far as it consists of making arrangements of the description referred to in subsection (2) of that section. \n8) \n1) In its application to a local authority in England and Wales or an education authority, section 29, so far as relating to sex discrimination, does not apply to the exercise of the authority's functions in relation to the establishment of a school. \n2) But nothing in sub-paragraph (1) is to be taken as disapplying section 29 in relation to the exercise of the authority's functions under section 14 of the Education Act 1996 or section 17 of the Education (Scotland) Act 1980. \n9) Section 29, so far as relating to age discrimination, does not apply in relation to anything done in connection with— \n\ta) the curriculum of a school, \n\tb) admission to a school, \n\tc) transport to or from a school, or \n\td) the establishment, alteration or closure of schools. \n10) \n1) Section 29, so far as relating to disability discrimination, does not require a local authority in England or Wales exercising functions under the Education Acts or an education authority exercising relevant functions to remove or alter a physical feature. \n2) Relevant functions are functions under— \n\ta) the Education (Scotland) Act 1980, \n\tb) the Education (Scotland) Act 1996, \n\tc) the Standards in Scotland's Schools etc. Act 2000, or \n\td) the Education (Additional Support for Learning)\n\t\t\t\t\t\t\t(Scotland) Act 2004. \n11) Section 29, so far as relating to religious or belief-related discrimination, does not apply in relation to anything done in connection with— \n\ta) the curriculum of a school; \n\tb) admission to a school which has a religious ethos; \n\tc) acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum); \n\td) the responsible body of a school which has a religious ethos; \n\te) transport to or from a school; \n\tf) the establishment, alteration or closure of schools. \n12) This Part of this Schedule is to be construed in accordance with Chapter 1 of Part 6. ## Part 3\n## Health and care\n\n*Blood services*\n\n13) \n1) A person operating a blood service does not contravene section 29 only by refusing to accept a donation of an individual's blood if— \n\ta) the refusal is because of an assessment of the risk to the public, or to the individual, based on clinical, epidemiological or other data obtained from a source on which it is reasonable to rely, and \n\tb) the refusal is reasonable. \n2) A blood service is a service for the collection and distribution of human blood for the purposes of medical services. \n3) “Blood” includes blood components. *Health and safety*\n\n14) \n1) A service-provider (A) who refuses to provide the service to a pregnant woman does not discriminate against her in contravention of section 29 because she is pregnant if— \n\ta) A reasonably believes that providing her with the service would, because she is pregnant, create a risk to her health or safety, \n\tb) A refuses to provide the service to persons with other physical conditions, and \n\tc) the reason for that refusal is that A reasonably believes that providing the service to such persons would create a risk to their health or safety. \n2) A service-provider (A) who provides, or offers to provide, the service to a pregnant woman on conditions does not discriminate against her in contravention of section 29 because she is pregnant if— \n\ta) the conditions are intended to remove or reduce a risk to her health or safety, \n\tb) A reasonably believes that the provision of the service without the conditions would create a risk to her health or safety, \n\tc) A imposes conditions on the provision of the service to persons with other physical conditions, and \n\td) the reason for the imposition of those conditions is that A reasonably believes that the provision of the service to such persons without those conditions would create a risk to their health or safety. *Care within the family*\n\n15) A person (A) does not contravene section 29 only by participating in arrangements under which (whether or not for reward) A takes into A's home, and treats as members of A's family, persons requiring particular care and attention. ## Part 4\n## Immigration\n\n*Age*\n\n15A) \n1) This paragraph applies in relation to age discrimination. \n2) Section 29 does not apply to anything done by a relevant person in the exercise of relevant functions . \n3) A relevant person is — \n\ta) a Minister of the Crown acting personally, or \n\tb) a person acting in accordance with a relevant authorisation. \n4) A relevant authorisation is a requirement imposed or express authorisation given— \n\ta) with respect to a particular case or class of case, by or under anything mentioned in sub-paragraph (5)(a) to (c) ; \n\tb) with respect to a particular class of case, by a relevant enactment or by an instrument made under or by virtue of a relevant enactment. \n5) “Relevant functions” means functions exercisable by virtue of — \n\ta) the Immigration Acts, \n\tb) the Special Immigration Appeals Commission Act 1997, or \n\tc) anything which forms part of assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and (in either case) relates to immigration or asylum.  ... \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to— \n\ta) sections 28A to 28K of the Immigration Act 1971\n\t\t\t\t\t\t\t(powers of arrest, entry and search, etc. ), or \n\tb) section 14 of the Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004\n\t\t\t\t\t\t\t(power of arrest). *Disability*\n\n16) \n1) This paragraph applies in relation to disability discrimination. \n2) Section 29 does not apply to— \n\ta) a decision within sub-paragraph (3); \n\tb) anything done for the purposes of or in pursuance of a decision within that sub-paragraph. \n3) A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) to do any of the following on the ground that doing so is necessary for the public good— \n\ta) to refuse entry clearance; \n\tb) to refuse leave to enter or remain in the United Kingdom; \n\tc) to cancel leave to enter or remain in the United Kingdom; \n\td) to vary leave to enter or remain in the United Kingdom; \n\te) to refuse an application to vary leave to enter or remain in the United Kingdom. \n4) Section 29 does not apply to— \n\ta) a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3); \n\tb) a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within that sub-paragraph. *Nationality and ethnic or national origins*\n\n17) \n1) This paragraph applies in relation to race discrimination so far as relating to— \n\ta) nationality, or \n\tb) ethnic or national origins. \n2) Section 29 does not apply to anything done by a relevant person in the exercise of relevant functions . \n3) A relevant person is— \n\ta) a Minister of the Crown acting personally, or \n\tb) a person acting in accordance with a relevant authorisation. \n4) A relevant authorisation is a requirement imposed or express authorisation given— \n\ta) with respect to a particular case or class of case, by a Minister of the Crown acting personally; \n\tb) with respect to a particular class of case, by or under anything mentioned in sub-paragraph (5)(a) to (c) . \n5) “Relevant functions” means functions exercisable by virtue of — \n\ta) the Immigration Acts, \n\tb) the Special Immigration Appeals Commission Act 1997, or \n\tc) anything which forms part of assimilated law and was made under section 2(2) of, or paragraph 1A of Schedule 2 to, the European Communities Act 1972 or forms part of assimilated law by virtue of section 3 of the European Union (Withdrawal) Act 2018 and (in either case) relates to immigration or asylum.  ... \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) The reference in sub-paragraph (5)(a) to the Immigration Acts does not include a reference to— \n\ta) sections 28A to 28K of the Immigration Act 1971 (powers of arrest, entry and search, etc.), or \n\tb) section 14 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (power of arrest). *Religion or belief*\n\n18) \n1) This paragraph applies in relation to religious or belief-related discrimination. \n2) Section 29 does not apply to a decision within sub-paragraph (3) or anything done for the purposes of or in pursuance of a decision within that sub-paragraph. \n3) A decision is within this sub-paragraph if it is a decision taken in accordance with immigration rules— \n\ta) to refuse entry clearance or leave to enter the United Kingdom, or to cancel leave to enter or remain in the United Kingdom, on the grounds that the exclusion of the person from the United Kingdom is conducive to the public good, or \n\tb) to vary leave to enter or remain in the United Kingdom, or to refuse an application to vary leave to enter or remain in the United Kingdom, on the grounds that it is undesirable to permit the person to remain in the United Kingdom. \n4) Section 29 does not apply to a decision within sub-paragraph (5), or anything done for the purposes of or in pursuance of a decision within that sub-paragraph, if the decision is taken on grounds mentioned in sub-paragraph (6). \n5) A decision is within this sub-paragraph if it is a decision (whether or not taken in accordance with immigration rules) in connection with an application for entry clearance or for leave to enter or remain in the United Kingdom. \n6) The grounds referred to in sub-paragraph (4) are— \n\ta) the grounds that a person holds an office or post in connection with a religion or belief or provides a service in connection with a religion or belief, \n\tb) the grounds that a religion or belief is not to be treated in the same way as certain other religions or beliefs, or \n\tc) the grounds that the exclusion from the United Kingdom of a person to whom paragraph (a) applies is conducive to the public good. \n7) Section 29 does not apply to— \n\ta) a decision taken, or guidance given, by the Secretary of State in connection with a decision within sub-paragraph (3) or (5); \n\tb) a decision taken in accordance with guidance given by the Secretary of State in connection with a decision within either of those sub-paragraphs. *Interpretation*\n\n19) A reference to entry clearance, leave to enter or remain or immigration rules is to be construed in accordance with the Immigration Act 1971. ## Part 5\n## Insurance and other financial services\n\n*Services arranged by employer*\n\n20) \n1) Section 29 does not apply to the provision of a relevant financial service if the provision is in pursuance of arrangements made by an employer for the service-provider to provide the service to the employer's employees, and other persons, as a consequence of the employment. \n2) “Relevant financial service” means— \n\ta) insurance or a related financial service, or \n\tb) a service relating to membership of or benefits under a personal pension scheme (within the meaning given by section 1 of the Pension Schemes Act 1993). *Age*\n\n20A) \n1) A person (A) does not contravene section 29, so far as relating to age discrimination, by doing anything in connection with the provision of a financial service. \n2) Where A conducts an assessment of risk for the purposes of providing the financial service to another person (B), A may rely on sub-paragraph (1) only if the assessment of risk, so far as it involves a consideration of B's age, is carried out by reference to information which is relevant to the assessment of risk and from a source on which it is reasonable to rely. \n3) In this paragraph,  “financial service” includes a service of a banking, credit, insurance, personal pension, investment or payment nature. *Disability*\n\n21) \n1) It is not a contravention of section 29, so far as relating to disability discrimination, to do anything in connection with insurance business if— \n\ta) that thing is done by reference to information that is both relevant to the assessment of the risk to be insured and from a source on which it is reasonable to rely, and \n\tb) it is reasonable to do that thing. \n2) “Insurance business” means business which consists of effecting or carrying out contracts of insurance; and that definition is to be read with— \n\ta) section 22 of the Financial Services and Markets Act 2000, \n\tb) any relevant order under that Act, and \n\tc) Schedule 2 to that Act. *Sex, gender reassignment, pregnancy and maternity*\n\n22)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Existing insurance policies*\n\n23) \n1) It is not a contravention of section 29, so far as relating to relevant discrimination, to do anything in connection with insurance business in relation to an existing insurance policy. \n2) “Relevant discrimination” is— \n\ta) age discrimination; \n\tb) disability discrimination; \n\tc) gender reassignment discrimination; \n\td) pregnancy and maternity discrimination; \n\te) race discrimination; \n\tf) religious or belief-related discrimination; \n\tg) sex discrimination; \n\th) sexual orientation discrimination. \n3) An existing insurance policy is a policy of insurance entered into before the date on which this paragraph comes into force. \n4) Sub-paragraph (1) does not apply where an existing insurance policy was renewed, or the terms of such a policy were reviewed, on or after the date on which this paragraph comes into force. \n5) A review of an existing insurance policy which was part of, or incidental to, a general reassessment by the service-provider of the pricing structure for a group of policies is not a review for the purposes of sub-paragraph (4). \n6) “Insurance business” has the meaning given in paragraph 21. ## Part 6\n## Marriage: gender reassignment\n\n*Gender reassignment: England and Wales*\n\n24) \n1) A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in reliance on section 5B of the Marriage Act 1949 (solemnisation of marriages involving person of acquired gender). \n2) A person (A) whose consent to the solemnisation of the marriage of a person (B) is required under section 44(1) of the Marriage Act 1949 (solemnisation in registered building) does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to consent if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. \n3) Sub-paragraph (4) applies to a person (A) who may, in a case that comes within the Marriage Act 1949 (other than the case mentioned in sub-paragraph (1)), solemnise marriages according to a form, rite or ceremony of a body of persons who meet for religious worship. \n4) A does not contravene section 29, so far as relating to gender reassignment discrimination, by refusing to solemnise, in accordance with a form, rite or ceremony as described in sub-paragraph (3), the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. ## PART 6ZA\n## MARRIAGE AND CIVIL PARTNERSHIP: SCOTLAND\n\n*Gender reassignment: Scotland*\n\n25) \n1) An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to solemnise the marriage of a person (B) if A reasonably believes that B's gender has become the acquired gender under the Gender Recognition Act 2004. \n2) In sub-paragraph (1)\n\t\t\t\t\t “approved celebrant” has the meaning given in section 8(2)(a) of the Marriage (Scotland) Act 1977 (persons who may solemnise marriage). \n3) An approved celebrant (A) does not contravene section 29, so far as relating to gender reassignment discrimination, only by refusing to register the civil partnership of a person (B) if A reasonably believes that B’s gender has become the acquired gender under the Gender Recognition Act 2004. \n4) In sub-paragraph (3) “approved celebrant” has the meaning given in section 94A(4)(a) of the Civil Partnership Act 2004 . ## PART 6A\n## Marriage of same sex couples and Civil Partnership  in England and Wales\n\n\n\nSection 25A) **Marriage according to religious rites: no compulsion to solemnize \netc**\n\n1) A person does not contravene section 29 only because the person— \n\ta) does not conduct a relevant marriage, \n\tb) is not present at, does not carry out, or does not otherwise participate in, a relevant marriage, or \n\tc) does not consent to a relevant marriage being conducted, for the reason that the marriage is the marriage of a same sex couple. \n2) Expressions used in this paragraph and in section 2 of the Marriage (Same Sex Couples) Act 2013 have the same meanings in this paragraph as in that section. \n\nSection 25AA) **No compulsion for religious organisations or persons acting on their behalf to act in relation to civil partnerships**\n\n1) A protected person does not contravene section 29 only because the person— \n\ta) does not allow religious premises to be used as the place at which two people register as civil partners of each other under Part 2 of the Civil Partnership Act 2004 (“the 2004 Act”), or \n\tb) does not provide, arrange, facilitate or participate in, or is not present at— \n\t\ti) an occasion during which two people register as civil partners of each other on religious premises under Part 2 of the 2004 Act, or \n\t\tii) a ceremony or event in England or Wales to mark the formation of a civil partnership, for the reason that the person does not wish to do things of that sort in relation to civil partnerships generally, or those between two people of the same sex, or those between two people of the opposite sex. \n2) An employer or principal does not contravene section 29 only because the employer or principal is treated under section 109 as doing something that does not, by virtue of sub-paragraph (1), amount to a contravention of section 29 by the employee or agent who in fact does it. \n3) In this paragraph— \n\t- “protected person” has the meaning given by section 30ZA(2) of the 2004 Act;\n\t- “religious premises” has the meaning given by section 6A(3C) of the 2004 Act.## PART 6B\n## CIVIL PARTNERSHIP, MARRIAGE OF SAME SEX COUPLES AND MARRIAGE OF CIVIL PARTNERS: SCOTLAND\n\n\n\nSection 25B) **Marriage and civil partnership: Scotland**\n\n1) An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex. \n1A) An approved celebrant does not contravene section 29 only by refusing to solemnise a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the opposite sex who are in a civil partnership with each other. \n2) An approved celebrant does not contravene section 29 only by refusing to register a relevant Scottish civil partnership for the reason that the approved celebrant does not wish to register civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex . \n3) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is the marriage of two persons of the same sex. \n3A) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the solemnising of a relevant Scottish marriage for the reason that the marriage is a marriage of two persons of the opposite sex who are in a civil partnership with each other. \n4) A person does not contravene section 29 only by refusing to participate in a religious or belief ceremony forming part of, or connected with, the registration of a relevant Scottish civil partnership for the reason that the person does not wish to participate in such ceremonies in relation to civil partnerships generally, or those between two persons of the same sex, or those between two persons of the opposite sex . \n5) For the purposes of this paragraph, a person is an approved celebrant for the purposes of both marriage and civil partnership whether the person is an approved celebrant within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977 or section 94A(4)(a) of the Civil Partnership Act 2004. \n6) In this paragraph— \n\t- “relevant Scottish civil partnership” means a religious or belief civil partnership within the meaning of section 94A(4)(b) of the Civil Partnership Act 2004;\n\t- “relevant Scottish marriage” means a religious or belief marriage ... within the meaning of section 8(2)(a) of the Marriage (Scotland) Act 1977.\n\nSection 25C) **Marriage of same sex couples: Scottish forces marriages**\n\n1) A chaplain does not contravene section 29 only by refusing to solemnise a relevant Scottish forces marriage according to religious rites or usages for the reason that the marriage is the marriage of two persons of the same sex. \n2) In this paragraph— \n\t- “chaplain” has the meaning given by paragraph (a) of the definition of “authorised person” in paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013;\n\t- “forces marriage” has the meaning given by paragraph 12(2) of Schedule 6 to the Marriage (Same Sex Couples) Act 2013;\n\t- “relevant Scottish forces marriage” means a forces marriage of two persons of the same sex where Scotland is the relevant part of the United Kingdom within the meaning of paragraph 12 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013.## Part 7\n## Separate, single and concessionary services, \netc\n\n*Separate services for the sexes*\n\n26) \n1) A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services for persons of each sex if— \n\ta) a joint service for persons of both sexes would be less effective, and \n\tb) the limited provision is a proportionate means of achieving a legitimate aim. \n2) A person does not contravene section 29, so far as relating to sex discrimination, by providing separate services differently for persons of each sex if— \n\ta) a joint service for persons of both sexes would be less effective, \n\tb) the extent to which the service is required by one sex makes it not reasonably practicable to provide the service otherwise than as a separate service provided differently for each sex, and \n\tc) the limited provision is a proportionate means of achieving a legitimate aim. \n3) This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service. *Single-sex services*\n\n27) \n1) A person does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex if— \n\ta) any of the conditions in sub-paragraphs (2) to (7) is satisfied, and \n\tb) the limited provision is a proportionate means of achieving a legitimate aim. \n2) The condition is that only persons of that sex have need of the service. \n3) The condition is that— \n\ta) the service is also provided jointly for persons of both sexes, and \n\tb) the service would be insufficiently effective were it only to be provided jointly. \n4) The condition is that— \n\ta) a joint service for persons of both sexes would be less effective, and \n\tb) the extent to which the service is required by persons of each sex makes it not reasonably practicable to provide separate services. \n5) The condition is that the service is provided at a place which is, or is part of— \n\ta) a hospital, or \n\tb) another establishment for persons requiring special care, supervision or attention. \n6) The condition is that— \n\ta) the service is provided for, or is likely to be used by, two or more persons at the same time, and \n\tb) the circumstances are such that a person of one sex might reasonably object to the presence of a person of the opposite sex. \n7) The condition is that— \n\ta) there is likely to be physical contact between a person (A) to whom the service is provided and another person (B), and \n\tb) B might reasonably object if A were not of the same sex as B. \n8) This paragraph applies to a person exercising a public function in relation to the provision of a service as it applies to the person providing the service. *Gender reassignment*\n\n28) \n1) A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim. \n2) The matters are— \n\ta) the provision of separate services for persons of each sex; \n\tb) the provision of separate services differently for persons of each sex; \n\tc) the provision of a service only to persons of one sex. *Services relating to religion*\n\n29) \n1) A minister does not contravene section 29, so far as relating to sex discrimination, by providing a service only to persons of one sex or separate services for persons of each sex, if— \n\ta) the service is provided for the purposes of an organised religion, \n\tb) it is provided at a place which is (permanently or for the time being) occupied or used for those purposes, and \n\tc) the limited provision of the service is necessary in order to comply with the doctrines of the religion or is for the purpose of avoiding conflict with the strongly held religious convictions of a significant number of the religion's followers. \n2) The reference to a minister is a reference to a minister of religion, or other person, who— \n\ta) performs functions in connection with the religion, and \n\tb) holds an office or appointment in, or is accredited, approved or recognised for purposes of, a relevant organisation in relation to the religion. \n3) An organisation is a relevant organisation in relation to a religion if its purpose is— \n\ta) to practise the religion, \n\tb) to advance the religion, \n\tc) to teach the practice or principles of the religion, \n\td) to enable persons of the religion to receive benefits, or to engage in activities, within the framework of that religion, or \n\te) to foster or maintain good relations between persons of different religions. \n4) But an organisation is not a relevant organisation in relation to a religion if its sole or main purpose is commercial. *Services generally provided only for persons who share a protected characteristic*\n\n30) If a service is generally provided only for persons who share a protected characteristic, a person (A) who normally provides the service for persons who share that characteristic does not contravene section 29(1) or (2)— \n\ta) by insisting on providing the service in the way A normally provides it, or \n\tb) if A reasonably thinks it is impracticable to provide the service to persons who do not share that characteristic, by refusing to provide the service. *Concessions*\n\n30A) \n1) A person does not contravene section 29, so far as relating to age discrimination, by giving a concession in respect of a service to persons of a particular age group. \n2) The reference to a concession in respect of a service is a reference to a benefit, right or privilege having the effect that the manner in which the service is provided is, or the terms on which it is provided are, more favourable than the manner in which, or the terms on which, it is usually provided to the public (or, where it is provided to a section of the public, that section). *Age related holidays*\n\n30B) \n1) A person (P) does not contravene section 29, so far as relating to age discrimination, by providing a relevant holiday service to persons of a particular age group. \n2) In sub-paragraph (1)\n\t\t\t\t\t “relevant holiday service” means a service— \n\ta) which involves the provision of at least two of the following together for a single price— \n\t\ti) travel; \n\t\tii) accommodation; \n\t\tiii) access to activities or services not ancillary to travel or accommodation which form a significant part of the service or its cost; \n\tb) the provision of which is for a period of more than 24 hours or includes the provision of overnight accommodation; \n\tc) which P provides only to persons of the age group in question; and \n\td) an essential feature of which is the bringing together of persons of that age group with a view to facilitating their enjoyment of facilities or services designed with particular regard to persons of that age group. \n3) P may not rely on sub-paragraph (1) unless, before providing a person with a relevant holiday service, P provides the person with a written statement that the service is provided only to persons of the age group in question. \n4) For the purpose of sub-paragraph (2)(a)(i),  “travel” includes an option for an individual to make alternative travel arrangements to those included in the relevant holiday service as offered by P. *Age restricted services*\n\n30C) \n1) This paragraph applies where a person (P)— \n\ta) provides a service the provision of which is prohibited by or under an enactment to persons under the age specified in or under the enactment (“the statutory age”), and \n\tb) displays on the premises on which the service is provided an age warning in relation to the provision of the service. \n2) An age warning in relation to the provision of a service is a statement to the effect that the service will not be provided to a person who— \n\ta) appears to P, or an employee or agent of P's, to be under the age specified in the statement, and \n\tb) on being required to do so by P or the employee or agent, fails to produce satisfactory identification. \n3) P does not contravene section 29, so far as relating to age discrimination, by not providing the service to a person, who— \n\ta) appears to P, or an employee or agent of P's, to be under the age specified in the age warning in relation to the provision of the service, and \n\tb) on being required to do so by P or the employee or agent, fails to produce satisfactory identification. \n4) In this paragraph— \n\ta) a reference to the provision of a service includes a reference to provision of access to the service, and \n\tb) “satisfactory identification”, in relation to a person, means a valid document which— \n\t\ti) in the case of licensed premises where an age condition applies, meets that condition, and \n\t\tii) in any other case includes a photograph of the person and establishes that the person has attained the statutory age in relation to the provision of a service; \n\t\t- “licensed premises” means premises in respect of which a relevant premises licence within the meaning of section 19A of the Licensing Act 2003\n\t\t\t\t\t\t\t\t\t(mandatory conditions where alcohol sold) has effect; and\n\t\t- “age condition” means a condition specified in an order under subsection (1) of section 19A of that Act requiring the age of certain persons to be verified in the manner specified in the condition before they are served alcohol in premises where the condition applies.*Residential mobile homes*\n\n30D) \n1) A person (A) who is the owner of a protected site does not contravene section 29, so far as relating to age discrimination, by— \n\ta) entering into a mobile home agreement with a person (B) that entitles only persons who have attained a particular age to station and occupy a mobile home on land forming part of the site, or \n\tb) refusing to permit assignment by B of a mobile home agreement to any person other than a person who has attained a particular age. \n2) A does not contravene section 29, so far as relating to age discrimination, by imposing a requirement in park rules that mobile homes stationed on land forming part of the site and occupied under mobile home agreements may be occupied only by persons who have attained a particular age. \n3) A does not contravene section 29, so far as relating to age discrimination, by— \n\ta) imposing in or under a mobile home rental agreement with a person (C) a requirement that the mobile home to which the agreement relates may be occupied only by persons who have attained a particular age, or \n\tb) refusing to permit assignment by C of a mobile home rental agreement to any person other than a person who has attained a particular age. \n4) But A may not rely on sub-paragraph (1) or (3) unless, before doing something mentioned in that sub-paragraph, A provides B or C, as the case may be, with a written statement to the effect that the mobile home in question may be occupied only by persons who have attained the age in question. \n5) In this paragraph, \n\t- “mobile home agreement” means an agreement to which the Mobile Homes Act 1983 or Part 4 of the Mobile Homes (Wales) Act 2013 applies; and  “owner”,  “protected site” and  “mobile home” have the same meaning as in that Act or that Part of that Act ;\n\t- “park rules” means rules applying to residents of mobile homes on the protected site and required to be observed by a term in the mobile home agreement or the mobile home rental agreement as the case may be;\n\t- “mobile home rental agreement” means an agreement (other than an arrangement to occupy a mobile home for the purposes of a holiday) under which a person (“the occupier”) is entitled to occupy a mobile home on the protected site as the occupier's residence whether for a specified period or for successive periods of a specified duration subject to payment of money and the performance of other obligations.## Part 8\n## Television, radio and on-line broadcasting and distribution\n\n\n31) \n1) Section 29 does not apply to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003). \n2) Sub-paragraph (1) does not apply to the provision of an electronic communications network, electronic communications service or associated facility (each of which has the same meaning as in that Act). ## Part 9\n## Transport\n\n*Application to disability*\n\n32) This Part of this Schedule applies in relation to disability discrimination. *Transport by air*\n\n33) \n1) Section 29 does not apply to— \n\ta) transporting people by air; \n\tb) a service provided on a vehicle for transporting people by air. \n2) Section 29 does not apply to anything governed by Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air. *Transport by land: road*\n\n34) \n1) Section 29 does not apply to transporting people by land, unless the vehicle concerned is— \n\ta) a hire-vehicle designed and constructed for the carriage of passengers and comprising no more than 8 seats in addition to the driver's seat, \n\tb) a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes, \n\tc) a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes, \n\td) a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions), \n\te) a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982), \n\tf) a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981), \n\tg) a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992), \n\th) a taxi, \n\ti) a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or \n\tj) a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992). \n1A) Sections 20 to 22 and section 29 do not apply to anything that is governed by Regulation ( EU ) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 . \n2) Paragraph 4 of Schedule 2 applies for the purposes of this paragraph as it applies for the purposes of paragraph 3 of that Schedule. *Transport by land: rail*\n\n34A) Section 29 does not apply to anything governed by Regulation (\n\nEC\n\n) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations.  ## Part 10\n## Supplementary\n\n*Power to amend*\n\n35) \n1) A Minister of the Crown may by order amend this Schedule— \n\ta) so as to add, vary or omit an exception to section 29, so far as relating to disability, religion or belief or sexual orientation; \n\tb) so as to add, vary or omit an exception to section 29(6), so far as relating to gender reassignment, pregnancy and maternity, race or sex. \n2) But provision by virtue of sub-paragraph (1) may not amend this Schedule— \n\ta) so as to omit an exception in paragraph 1, 2 or 3; \n\tb) so as to reduce the extent to which an exception in paragraph 1, 2 or 3 applies. \n3) For the purposes of an order under sub-paragraph (1)(a), so far as relating to disability, which makes provision in relation to transport by air, it does not matter whether the transport is within or outside the United Kingdom. \n4) Before making an order under this paragraph the Minister must consult the Commission. \n5) Nothing in this paragraph affects the application of any other provision of this Act to conduct outside England and Wales or Scotland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/3",
    "legislation_id": "ukpga/2010/15",
    "title": "Services and public functions: exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781554Z",
    "text": "Section 108) **Relationships that have ended**\n\n1) A person (A) must not discriminate against another (B) if— \n\ta) the discrimination arises out of and is closely connected to a relationship which used to exist between them, and \n\tb) conduct of a description constituting the discrimination would, if it occurred during the relationship, contravene this Act. \n2) A person (A) must not harass another (B) if— \n\ta) the harassment arises out of and is closely connected to a relationship which used to exist between them, and \n\tb) conduct of a description constituting the harassment would, if it occurred during the relationship, contravene this Act. \n3) It does not matter whether the relationship ends before or after the commencement of this section. \n4) A duty to make reasonable adjustments applies to A if B is placed at a substantial disadvantage as mentioned in section 20. \n5) For the purposes of subsection (4), sections 20, 21 and 22 and the applicable Schedules are to be construed as if the relationship had not ended. \n6) For the purposes of Part 9 (enforcement), a contravention of this section relates to the Part of this Act that would have been contravened if the relationship had not ended. \n7) But conduct is not a contravention of this section in so far as it also amounts to victimisation of B by A. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/108",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/108",
    "legislation_id": "ukpga/2010/15",
    "title": "Relationships that have ended",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 108,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782287Z",
    "text": "SCHEDULE 11 Schools: exceptions Section 89 ## Part 1\n## Sex discrimination\n\n*Admission to single-sex schools*\n\n1) \n1) Section 85(1), so far as relating to sex, does not apply in relation to a single-sex school. \n2) A single-sex school is a school which— \n\ta) admits pupils of one sex only, or \n\tb) on the basis of the assumption in sub-paragraph (3), would be taken to admit pupils of one sex only. \n3) That assumption is that pupils of the opposite sex are to be disregarded if— \n\ta) their admission to the school is exceptional, or \n\tb) their numbers are comparatively small and their admission is confined to particular courses or classes. \n4) In the case of a school which is a single-sex school by virtue of sub-paragraph (3)(b), section 85(2)(a) to (d), so far as relating to sex, does not prohibit confining pupils of the same sex to particular courses or classes. *Single-sex boarding at schools*\n\n2) \n1) Section 85(1), so far as relating to sex, does not apply in relation to admission as a boarder to a school to which this paragraph applies. \n2) Section 85(2)(a) to (d), so far as relating to sex, does not apply in relation to boarding facilities at a school to which this paragraph applies. \n3) This paragraph applies to a school (other than a single-sex school) which has some pupils as boarders and others as non-boarders and which— \n\ta) admits as boarders pupils of one sex only, or \n\tb) on the basis of the assumption in sub-paragraph (4), would be taken to admit as boarders pupils of one sex only. \n4) That assumption is that pupils of the opposite sex admitted as boarders are to be disregarded if their numbers are small compared to the numbers of other pupils admitted as boarders. *Single-sex schools turning co-educational*\n\n3) \n1) If the responsible body of a single-sex school decides to alter its admissions arrangements so that the school will cease to be a single-sex school, the body may apply for a transitional exemption order in relation to the school. \n2) If the responsible body of a school to which paragraph 2 applies decides to alter its admissions arrangements so that the school will cease to be one to which that paragraph applies, the body may apply for a transitional exemption order in relation to the school. \n3) A transitional exemption order in relation to a school is an order which, during the period specified in the order as the transitional period, authorises— \n\ta) sex discrimination by the responsible body of the school in the arrangements it makes for deciding who is offered admission as a pupil; \n\tb) the responsible body, in the circumstances specified in the order, not to admit a person as a pupil because of the person's sex. \n4) Paragraph 4 applies in relation to the making of transitional exemption orders. \n5) The responsible body of a school does not contravene this Act, so far as relating to sex discrimination, if— \n\ta) in accordance with a transitional exemption order, or \n\tb) pending the determination of an application for a transitional exemption order in relation to the school, it does not admit a person as a pupil because of the person's sex. \n4) \n1) In the case of a maintained school within the meaning given by section 32 of the Education and Inspections Act 2006, a transitional exemption order may be made in accordance with such provision as is made in regulations under section 21 of that Act (orders made by local authority or adjudicator in relation to schools in England). \n2) In the case of a school in Wales maintained by a local authority, a transitional exemption order may be made in accordance with section 82 of, or Part 3 of Schedule 3 to, the School Standards and Organisation (Wales) Act 2013 (orders made by Welsh Ministers). \n3) In the case of a school in Scotland managed by an education authority or in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980— \n\ta) the responsible body may submit to the Scottish Ministers an application for the making of a transitional exemption order, and \n\tb) the Scottish Ministers may make the order. \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) Where proposals are made to the Welsh Ministers under section 113A of the Learning and Skills Act 2000 for an alteration in the admissions arrangements of a single-sex school or a school to which paragraph 2 applies— \n\ta) the making of the proposals is to be treated as an application to the Welsh Ministers for the making of a transitional exemption order, and \n\tb) the Welsh Ministers may make the order. \n6) In the case of a school in England or Wales not coming within sub-paragraph (1), (2), (4) or (5) or an independent school in Scotland— \n\ta) the responsible body may submit to the Commission an application for the making of a transitional exemption order, and \n\tb) the Commission may make the order. \n7) An application under sub-paragraph (6) must specify— \n\ta) the period proposed by the responsible body as the transitional period to be specified in the order, \n\tb) the stages within that period by which the body proposes to move to the position where section 85(1)(a) and (c), so far as relating to sex, is complied with, and \n\tc) any other matters relevant to the terms and operation of the order applied for. \n8) The Commission must not make an order on an application under sub-paragraph (6) unless satisfied that the terms of the application are reasonable, having regard to— \n\ta) the nature of the school's premises, \n\tb) the accommodation, equipment and facilities available, and \n\tc) the responsible body's financial resources. ## Part 2\n## Religious or belief-related discrimination\n\n*School with religious character etc.*\n\n5) Section 85(1) and (2)(a) to (d), so far as relating to religion or belief, does not apply in relation to— \n\ta) a school designated under section 68A or 69(3) of the School Standards and Framework Act 1998 (foundation or voluntary school with religious character); \n\tb) a school (other than an alternative provision Academy) listed in the register of independent schools for England or for Wales, if the school's entry in the register records that the school has a religious ethos; \n\tc) a school transferred to an education authority under section 16 of the Education (Scotland) Act 1980 (transfer of certain schools to education authorities) which is conducted in the interest of a church or denominational body; \n\td) a school provided by an education authority under section 17(2) of that Act (denominational schools); \n\te) a grant-aided school (within the meaning of that Act) which is conducted in the interest of a church or denominational body; \n\tf) a school registered in the register of independent schools for Scotland if the school admits only pupils who belong, or whose parents belong, to one or more particular denominations; \n\tg) a school registered in that register if the school is conducted in the interest of a church or denominational body. *Curriculum, worship, etc.*\n\n6) Section 85(2)(a) to (d), so far as relating to religion or belief, does not apply in relation to anything done in connection with acts of worship or other religious observance organised by or on behalf of a school (whether or not forming part of the curriculum). *Power to amend*\n\n7) \n1) A Minister of the Crown may by order amend this Part of this Schedule— \n\ta) so as to add, vary or omit an exception to section 85; \n\tb) so as to make provision about the construction or application of section 19(2)(d) in relation to section 85. \n2) The power under sub-paragraph (1) is exercisable only in relation to religious or belief-related discrimination. \n3) Before making an order under this paragraph the Minister must consult— \n\ta) the Welsh Ministers, \n\tb) the Scottish Ministers, and \n\tc) such other persons as the Minister thinks appropriate. ## Part 3\n## Disability discrimination\n\n*Permitted form of selection*\n\n8) \n1) A person does not contravene section 85(1), so far as relating to disability, only by applying a permitted form of selection. \n2) In relation to England and Wales, a permitted form of selection is— \n\ta) in the case of a maintained school which is not designated as a grammar school under section 104 of the School Standards and Framework Act 1998, a form of selection mentioned in section 99(2) or (4) of that Act; \n\tb) in the case of a maintained school which is so designated, its selective admission arrangements (within the meaning of section 104 of that Act); \n\tc) in the case of an independent educational institution, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. \n3) In relation to Scotland, a permitted form of selection is— \n\ta) in the case of a school managed by an education authority, arrangements approved by the Scottish Ministers for the selection of pupils for admission; \n\tb) in the case of an independent school, arrangements which provide for some or all of its pupils to be selected by reference to general or special ability or aptitude, with a view to admitting only pupils of high ability or aptitude. \n4) “Maintained school” has the meaning given in section 22 of the School Standards and Framework Act 1998. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/11",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/11",
    "legislation_id": "ukpga/2010/15",
    "title": "Schools: exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781420Z",
    "text": "Section 75) **Maternity equality rule**\n\n1) If an occupational pension scheme does not include a maternity equality rule, it is to be treated as including one. \n2) A maternity equality rule is a provision that has the effect set out in subsections (3) and (4). \n3) If a relevant term does not treat time when the woman is on maternity leave as it treats time when she is not, the term is modified so as to treat time when she is on maternity leave as time when she is not. \n4) If a term confers a relevant discretion capable of being exercised so that time when she is on maternity leave is treated differently from time when she is not, the term is modified so as not to allow the discretion to be exercised in that way. \n5) A term is relevant if it is— \n\ta) a term relating to membership of the scheme, \n\tb) a term relating to the accrual of rights under the scheme, or \n\tc) a term providing for the determination of the amount of a benefit payable under the scheme. \n6) A discretion is relevant if its exercise is capable of affecting— \n\ta) membership of the scheme, \n\tb) the accrual of rights under the scheme, or \n\tc) the determination of the amount of a benefit payable under the scheme. \n7) This section does not require the woman's contributions to the scheme in respect of time when she is on maternity leave to be determined otherwise than by reference to the amount she is paid in respect of that time. \n8) This section, so far as relating to time when she is on ordinary maternity leave but is not being paid by her employer, applies only in a case where the expected week of childbirth began on or after 6 April 2003. \n9) This section, so far as relating to time when she is on additional maternity leave but is not being paid by her employer— \n\ta) does not apply to the accrual of rights under the scheme in any case; \n\tb) applies for other purposes only in a case where the expected week of childbirth began on or after 5 October 2008. \n10) In this section— \n\ta) a reference to being on maternity leave includes a reference to having been on maternity leave, and \n\tb) a reference to being paid by the employer includes a reference to receiving statutory maternity pay from the employer. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/75",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/75",
    "legislation_id": "ukpga/2010/15",
    "title": "Maternity equality rule",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 75,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781399Z",
    "text": "Section 70) **Exclusion of sex discrimination provisions**\n\n1) The relevant sex discrimination provision has no effect in relation to a term of A's that— \n\ta) is modified by, or included by virtue of, a sex equality clause or rule, or \n\tb) would be so modified or included but for section 69 or Part 2 of Schedule 7. \n2) Neither of the following is sex discrimination for the purposes of the relevant sex discrimination provision— \n\ta) the inclusion in A's terms of a term that is less favourable as referred to in section 66(2)(a); \n\tb) the failure to include in A's terms a corresponding term as referred to in section 66(2)(b). \n3) The relevant sex discrimination provision is, in relation to work of a description given in the first column of the table, the provision referred to in the second column so far as relating to sex. Description of workProvisionEmploymentSection 39(2)Appointment to a personal officeSection 49(6)Appointment to a public officeSection 50(6) ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/70",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/70",
    "legislation_id": "ukpga/2010/15",
    "title": "Exclusion of sex discrimination provisions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 70,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781289Z",
    "text": "Section 44) **Partnerships**\n\n1) A firm or proposed firm must not discriminate against a person— \n\ta) in the arrangements it makes for deciding to whom to offer a position as a partner; \n\tb) as to the terms on which it offers the person a position as a partner; \n\tc) by not offering the person a position as a partner. \n2) A firm (A) must not discriminate against a partner (B)— \n\ta) as to the terms on which B is a partner; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by expelling B; \n\td) by subjecting B to any other detriment. \n3) A firm must not, in relation to a position as a partner, harass— \n\ta) a partner; \n\tb) a person who has applied for the position. \n4) A proposed firm must not, in relation to a position as a partner, harass a person who has applied for the position. \n5) A firm or proposed firm must not victimise a person— \n\ta) in the arrangements it makes for deciding to whom to offer a position as a partner; \n\tb) as to the terms on which it offers the person a position as a partner; \n\tc) by not offering the person a position as a partner. \n6) A firm (A) must not victimise a partner (B)— \n\ta) as to the terms on which B is a partner; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by expelling B; \n\td) by subjecting B to any other detriment. \n7) A duty to make reasonable adjustments applies to— \n\ta) a firm; \n\tb) a proposed firm. \n8) In the application of this section to a limited partnership within the meaning of the Limited Partnerships Act 1907,  “partner” means a general partner within the meaning of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/44",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/44",
    "legislation_id": "ukpga/2010/15",
    "title": "Partnerships",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 44,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781395Z",
    "text": "Section 69) **Defence of material factor**\n\n1) The sex equality clause in A's terms has no effect in relation to a difference between A's terms and B's terms if the responsible person shows that the difference is because of a material factor reliance on which— \n\ta) does not involve treating A less favourably because of A's sex than the responsible person treats B, and \n\tb) if the factor is within subsection (2), is a proportionate means of achieving a legitimate aim. \n2) A factor is within this subsection if A shows that, as a result of the factor, A and persons of the same sex doing work equal to A's are put at a particular disadvantage when compared with persons of the opposite sex doing work equal to A's. \n3) For the purposes of subsection (1), the long-term objective of reducing inequality between men's and women's terms of work is always to be regarded as a legitimate aim. \n4) A sex equality rule has no effect in relation to a difference between A and B in the effect of a relevant matter if the trustees or managers of the scheme in question show that the difference is because of a material factor which is not the difference of sex. \n5) “Relevant matter” has the meaning given in section 67. \n6) For the purposes of this section, a factor is not material unless it is a material difference between A's case and B's. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/69",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/69",
    "legislation_id": "ukpga/2010/15",
    "title": "Defence of material factor",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 69,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782246Z",
    "text": "SCHEDULE 2 Services and public functions: reasonable adjustments Section 31 *Preliminary*\n\n1) This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. *The duty*\n\n2) \n1) A must comply with the first, second and third requirements. \n2) For the purposes of this paragraph, the reference in section 20(3), (4) or (5) to a disabled person is to disabled persons generally. \n3) Section 20 has effect as if, in subsection (4), for  “to avoid the disadvantage” there were substituted— \n\ta) to avoid the disadvantage, or \n\tb) to adopt a reasonable alternative method of providing the service or exercising the function. \n4) In relation to each requirement, the relevant matter is the provision of the service, or the exercise of the function, by A. \n5) Being placed at a substantial disadvantage in relation to the exercise of a function means— \n\ta) if a benefit is or may be conferred in the exercise of the function, being placed at a substantial disadvantage in relation to the conferment of the benefit, or \n\tb) if a person is or may be subjected to a detriment in the exercise of the function, suffering an unreasonably adverse experience when being subjected to the detriment. \n6) In relation to the second requirement, a physical feature includes a physical feature brought by or on behalf of A, in the course of providing the service or exercising the function, on to premises other than those that A occupies (as well as including a physical feature in or on premises that A occupies). \n7) If A is a service-provider, nothing in this paragraph requires A to take a step which would fundamentally alter— \n\ta) the nature of the service, or \n\tb) the nature of A's trade or profession. \n8) If A exercises a public function, nothing in this paragraph requires A to take a step which A has no power to take. *Special provision about transport*\n\n3) \n1) This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water. \n2) It is never reasonable for A to have to take a step which would— \n\ta) involve the alteration or removal of a physical feature of a vehicle used in providing the service; \n\tb) affect whether vehicles are provided; \n\tc) affect what vehicles are provided; \n\td) affect what happens in the vehicle while someone is travelling in it. \n3) But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is— \n\ta) a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes, \n\tb) a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes, \n\tc) a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions), \n\td) a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982), \n\te) a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981), \n\tf) a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992), \n\tg) a taxi, \n\th) a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or \n\ti) a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992). \n4) In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h). \n5) A may not, for the purpose of complying with the first, second or third requirement rely on sub-paragraph (2) of this paragraph if A provides the service by way of a hire-vehicle built to carry no more than 8 passengers. \n6) For the purposes of sub-paragraph (5) in its application to the second requirement, a part of a vehicle is to be regarded as a physical feature if it requires alteration in order to facilitate the provision of— \n\ta) hand controls to enable a disabled person to operate braking and accelerator systems in the vehicle, or \n\tb) facilities for the stowage of a wheelchair. \n7) For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical systems are not physical features; and for the purposes of sub-paragraph (6)(b), fixed seating is not a physical feature. \n8) In the case of a vehicle within sub-paragraph (3), a relevant device is not an auxiliary aid for the purposes of the third requirement. \n9) A relevant device is a device or structure, or equipment, the installation, operation or maintenance of which would necessitate making a permanent alteration to, or which would have a permanent effect on, the internal or external fabric of the vehicle. \n10) Regulations may amend this paragraph so as to provide for sub-paragraph (2) not to apply, or to apply only so far as is prescribed, in relation to vehicles of a prescribed description. *Interpretation*\n\n4) \n1) This paragraph applies for the purposes of paragraph 3. \n2) A  “hire-vehicle” is a vehicle hired (by way of a trade) under a hiring agreement to which section 66 of the Road Traffic Offenders Act 1988 applies. \n3) A  “taxi”, in England and Wales, is a vehicle— \n\ta) licensed under section 37 of the Town Police Clauses Act 1847, \n\tb) licensed under section 6 of the Metropolitan Public Carriage Act 1869, or \n\tc) drawn by one or more persons or animals. \n4) A  “taxi”, in Scotland, is— \n\ta) a hire car engaged, by arrangements made in a public place between the person to be transported (or a person acting on that person's behalf) and the driver, for a journey starting there and then, or \n\tb) a vehicle drawn by one or more persons or animals. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/2",
    "legislation_id": "ukpga/2010/15",
    "title": "Services and public functions: reasonable adjustments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781494Z",
    "text": "Section 93) **Recreational or training facilities**\n\n1) The responsible body in relation to facilities to which this section applies must not discriminate against a person— \n\ta) in the arrangements it makes for deciding who is provided with the facilities; \n\tb) as to the terms on which it offers to provide the facilities to the person; \n\tc) by not accepting the person's application for provision of the facilities. \n2) The responsible body in relation to such facilities must not discriminate against a person who is provided with the facilities in the services it provides or offers to provide. \n3) The responsible body in relation to such facilities must not harass a person who— \n\ta) seeks to have the facilities provided; \n\tb) is provided with the facilities; \n\tc) is a user of services provided by the body in relation to the facilities. \n4) The responsible body in relation to such facilities must not victimise a person— \n\ta) in the arrangements it makes for deciding who is provided with the facilities; \n\tb) as to the terms on which it offers to provide the facilities to the person; \n\tc) by not accepting the person's application for provision of the facilities. \n5) The responsible body in relation to such facilities must not victimise a person who is provided with the facilities in the services it provides or offers to provide. \n6) A duty to make reasonable adjustments applies to the responsible body. \n7) This section applies to— \n\ta) facilities secured by a local authority in England under section 507A or 507B of the Education Act 1996; \n\tb) facilities secured by a local authority in Wales under section 508 of that Act; \n\tc) recreational or training facilities provided by an education authority in Scotland. \n8) A responsible body is— \n\ta) a local authority in England, for the purposes of subsection (7)(a); \n\tb) a local authority in Wales, for the purposes of subsection (7)(b); \n\tc) an education authority in Scotland, for the purposes of subsection (7)(c). \n9) This section does not apply to the protected characteristic of age, so far as relating to persons who have not attained the age of 18. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/93",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/93",
    "legislation_id": "ukpga/2010/15",
    "title": "Recreational or training facilities",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 93,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781195Z",
    "text": "Section 30) **Ships and hovercraft**\n\n1) This Part (subject to subsection (2)) applies only in such circumstances as are prescribed in relation to— \n\ta) transporting people by ship or hovercraft; \n\tb) a service provided on a ship or hovercraft. \n2) Section 29(6) applies in relation to the matters referred to in paragraphs (a) and (b) of subsection (1); but in so far as it relates to disability discrimination, section 29(6) applies to those matters only in such circumstances as are prescribed. \n3) It does not matter whether the ship or hovercraft is within or outside the United Kingdom. \n4) “Ship” has the same meaning as in the Merchant Shipping Act 1995. \n5) “Hovercraft” has the same meaning as in the Hovercraft Act 1968. \n6) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/30",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/30",
    "legislation_id": "ukpga/2010/15",
    "title": "Ships and hovercraft",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 30,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782282Z",
    "text": "SCHEDULE 10 Accessibility for disabled pupils Section 88 *Accessibility strategies*\n\n1) \n1) A local authority in England and Wales must, in relation to schools for which it is the responsible body, prepare— \n\ta) an accessibility strategy; \n\tb) further such strategies at such times as may be prescribed. \n2) An accessibility strategy is a strategy for, over a prescribed period— \n\ta) increasing the extent to which disabled pupils can participate in the schools' curriculums; \n\tb) improving the physical environment of the schools for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the schools; \n\tc) improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled. \n3) The delivery in sub-paragraph (2)(c) must be— \n\ta) within a reasonable time; \n\tb) in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents. \n4) An accessibility strategy must be in writing. \n5) A local authority must keep its accessibility strategy under review during the period to which it relates and, if necessary, revise it. \n6) A local authority must implement its accessibility strategy. \n2) \n1) In preparing its accessibility strategy, a local authority must have regard to— \n\ta) the need to allocate adequate resources for implementing the strategy; \n\tb) guidance as to the matters mentioned in sub-paragraph (3). \n2) The authority must also have regard to guidance as to compliance with paragraph 1(5). \n3) The matters are— \n\ta) the content of an accessibility strategy; \n\tb) the form in which it is to be produced; \n\tc) persons to be consulted in its preparation. \n4) Guidance may be issued— \n\ta) for England, by a Minister of the Crown; \n\tb) for Wales, by the Welsh Ministers. \n5) A local authority must, if asked, make a copy of its accessibility strategy available for inspection at such reasonable times as it decides. \n6) A local authority in England must, if asked by a Minister of the Crown, give the Minister a copy of its accessibility strategy. \n7) A local authority in Wales must, if asked by the Welsh Ministers, give them a copy of its accessibility strategy. *Accessibility plans*\n\n3) \n1) The responsible body of a school in England and Wales must prepare— \n\ta) an accessibility plan; \n\tb) further such plans at such times as may be prescribed. \n2) An accessibility plan is a plan for, over a prescribed period— \n\ta) increasing the extent to which disabled pupils can participate in the school's curriculum, \n\tb) improving the physical environment of the school for the purpose of increasing the extent to which disabled pupils are able to take advantage of education and benefits, facilities or services provided or offered by the school, and \n\tc) improving the delivery to disabled pupils of information which is readily accessible to pupils who are not disabled. \n3) The delivery in sub-paragraph (2)(c) must be— \n\ta) within a reasonable time; \n\tb) in ways which are determined after taking account of the pupils' disabilities and any preferences expressed by them or their parents. \n4) An accessibility plan must be in writing. \n5) The responsible body must keep its accessibility plan under review during the period to which it relates and, if necessary, revise it. \n6) The responsible body must implement its accessibility plan. \n7) A relevant inspection may extend to the performance by the responsible body of its functions in relation to the preparation, publication, review, revision and implementation of its accessibility plan. \n8) A relevant inspection is an inspection under— \n\ta) Part 1 of the Education Act 2005, or \n\tb) Chapter 1 of Part 4 of the Education and Skills Act 2008 (regulation and inspection of independent education provision in England). \n4) \n1) In preparing an accessibility plan, the responsible body must have regard to the need to allocate adequate resources for implementing the plan. \n2) The proprietor of an independent educational institution (other than an Academy) must, if asked, make a copy of the school's accessibility plan available for inspection at such reasonable times as the proprietor decides. \n3) The proprietor of an independent educational institution in England (other than an Academy) must, if asked by a Minister of the Crown, give the Minister a copy of the school's accessibility plan. \n4) The proprietor of an independent school in Wales (other than an Academy) must, if asked by the Welsh Ministers, give them a copy of the school's accessibility plan. *Power of direction*\n\n5) \n1) This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body— \n\ta) has acted or is proposing to act unreasonably in the discharge of a duty under this Schedule, or \n\tb) has failed to discharge such a duty. \n2) This sub-paragraph applies if the appropriate authority is satisfied (whether or not on a complaint) that a responsible body of a school specified in sub-paragraph (3)— \n\ta) has acted or is proposing to act unreasonably in the discharge of a duty the body has in relation to the provision to the authority of copies of the body's accessibility plan or the inspection of that plan, or \n\tb) has failed to discharge the duty. \n3) The schools are— \n\ta) schools approved under section 342 of the Education Act 1996 (non-maintained special schools); \n\tb) Academy schools; \n\tc) alternative provision Academies. \n4) This sub-paragraph applies if a Tribunal has made an order under paragraph 5 of Schedule 17 and the appropriate authority is satisfied (whether or not on a complaint) that the responsible body concerned— \n\ta) has acted or is proposing to act unreasonably in complying with the order, or \n\tb) has failed to comply with the order. \n5) If sub-paragraph (1), (2) or (4) applies, the appropriate authority may give a responsible body such directions as the authority thinks expedient as to— \n\ta) the discharge by the body of the duty, or \n\tb) compliance by the body with the order. \n6) A direction may be given in relation to sub-paragraph (1) or (2) even if the performance of the duty is contingent on the opinion of the responsible body. \n7) A direction may not, unless sub-paragraph (8) applies, be given to the responsible body of a school in England in respect of a matter— \n\ta) that has been complained about to a Local Commissioner in accordance with Chapter 2 of Part 10 of the Apprenticeships, Skills, Children and Learning Act 2009 (parental complaints against governing bodies etc.), or \n\tb) that the appropriate authority thinks could have been so complained about. \n8) This sub-paragraph applies if— \n\ta) the Local Commissioner has made a recommendation to the responsible body under section 211(4) of the Apprenticeships, Skills, Children and Learning Act 2009 (statement following investigation) in respect of the matter, and \n\tb) the responsible body has not complied with the recommendation. \n9) A direction— \n\ta) may be varied or revoked by the appropriate authority; \n\tb) may be enforced, on the application of the appropriate authority, by a mandatory order obtained in accordance with section 31 of the Senior Courts Act 1981. \n10) The appropriate authority is— \n\ta) in relation to the responsible body of a school in England, the Secretary of State; \n\tb) in relation to the responsible body of a school in Wales, the Welsh Ministers. *Supplementary*\n\n6) \n1) This paragraph applies for the purposes of this Schedule. \n2) Regulations may prescribe services which are, or are not, to be regarded as being— \n\ta) education; \n\tb) a benefit, facility or service. \n3) The power to make regulations is exercisable by— \n\ta) in relation to England, a Minister of the Crown; \n\tb) in relation to Wales, the Welsh Ministers. \n4) “Disabled pupil” includes a disabled person who may be admitted to the school as a pupil. \n5) “Responsible body” means— \n\ta) in relation to a maintained school or a maintained nursery school, the local authority or governing body; \n\tb) in relation to a pupil referral unit, the local authority; \n\tc) in relation to an independent educational institution or an alternative provision Academy that is not an independent educational institution , the proprietor; \n\td) in relation to a special school not maintained by a local authority, the proprietor. \n6) “Governing body”, in relation to a maintained school, means the body corporate (constituted in accordance with regulations under section 19 of the Education Act 2002) which the school has as a result of that section. \n7) “Maintained school” has the meaning given in section 20 of the School Standards and Framework Act 1998; and  “maintained nursery school” has the meaning given in section 22 of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/10",
    "legislation_id": "ukpga/2010/15",
    "title": "Accessibility for disabled pupils",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782216Z",
    "text": "Section 217) **Extent**\n\n1) This Act forms part of the law of England and Wales. \n2) This Act, apart from section 190 (improvements to let dwelling houses) and Part 15 (family property), forms part of the law of Scotland. \n3) Each of the following also forms part of the law of Northern Ireland— \n\ta) section 82 (offshore work); \n\tb) section 105(3) and (4) (expiry of Sex Discrimination (Election Candidates) Act 2002); \n\tc) section 199 (abolition of presumption of advancement). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/217",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/217",
    "legislation_id": "ukpga/2010/15",
    "title": "Extent",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 217,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781057Z",
    "text": "Section 1) **Public sector duty regarding socio-economic inequalities**\n\n1) An authority to which this section applies must, when making decisions of a strategic nature about how to exercise its functions, have due regard to the desirability of exercising them in a way that is designed to reduce the inequalities of outcome which result from socio-economic disadvantage. \n2) In deciding how to fulfil a duty to which it is subject under subsection (1), an authority must take into account any guidance issued in accordance with subsection (2A) . \n2A) The guidance to be taken into account under subsection (2) is— \n\ta) in the case of a duty imposed on an authority in relation to devolved Scottish functions, guidance issued by the Scottish Ministers; \n\taa) in the case of a duty imposed on an authority in relation to devolved Welsh functions, guidance issued by the Welsh Ministers; \n\tb) in any other case, guidance issued by a Minister of the Crown. \n3) The authorities to which this section applies are— \n\ta) a Minister of the Crown; \n\tb) a government department other than the Security Service, the Secret Intelligence Service or the Government Communications Head-quarters; \n\tba) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021; \n\tc) a county council or district council in England; \n\td) the Greater London Authority; \n\te) a London borough council; \n\tf) the Common Council of the City of London in its capacity as a local authority; \n\tg) the Council of the Isles of Scilly; \n\th) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\ti) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tk) a police and crime commissioner established for an area in England. \n3) The authorities to which this section applies are— \n\ta) the Scottish Ministers; \n\tb) Food Standards Scotland; \n\tc) Keeper of the Registers of Scotland; \n\td) National Records of Scotland; \n\te) Revenue Scotland; \n\tf) Scottish Courts and Tribunals Service; \n\tg) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; \n\th) an integration joint board established under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014; \n\ti) a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978; \n\tj) a Special Health Board constituted under section 2(1)(b) of that Act; \n\tk) Scottish Police Authority; \n\tl) Highlands and Islands Enterprise; \n\tm) Scottish Enterprise. \n\tn) Scottish National Investment Bank p.l.c.; \n\to) South of Scotland Enterprise. \n3A) This section also applies to the following authorities— \n\ta) the Welsh Ministers; \n\tb) a county council or county borough council in Wales; \n\tc) a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; \n\td) an NHS Trust established under section 18 of the National Health Service (Wales) Act 2006; \n\te) a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006 other than a cross-border Special Health Authority (within the meaning of section 8A(5) of the National Health Service (Wales) Act 2006); \n\tf) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales; \n\tg) a National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales; \n\th) the Welsh Revenue Authority or Awdurdod Cyllid Cymru. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) The reference to inequalities in subsection (1) does not include any inequalities experienced by a person as a result of being a person subject to immigration control within the meaning given by section 115(9) of the Immigration and Asylum Act 1999. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/1",
    "legislation_id": "ukpga/2010/15",
    "title": "Public sector duty regarding socio-economic inequalities",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781490Z",
    "text": "Section 92) **Further and higher education courses**\n\n1) The responsible body in relation to a course to which this section applies must not discriminate against a person— \n\ta) in the arrangements it makes for deciding who is enrolled on the course; \n\tb) as to the terms on which it offers to enrol the person on the course; \n\tc) by not accepting the person's application for enrolment. \n2) The responsible body in relation to such a course must not discriminate against a person who is enrolled on the course in the services it provides or offers to provide. \n3) The responsible body in relation to such a course must not harass a person who— \n\ta) seeks enrolment on the course; \n\tb) is enrolled on the course; \n\tc) is a user of services provided by the body in relation to the course. \n4) The responsible body in relation to such a course must not victimise a person— \n\ta) in the arrangements it makes for deciding who is enrolled on the course; \n\tb) as to the terms on which it offers to enrol the person on the course; \n\tc) by not accepting the person's application for enrolment. \n5) The responsible body in relation to such a course must not victimise a person who is enrolled on the course in the services it provides or offers to provide. \n6) A duty to make reasonable adjustments applies to the responsible body. \n7) This section applies to— \n\ta) a course of further or higher education secured by a responsible body in England or Wales; \n\tb) a course of education provided by the governing body of a maintained school under section 80 of the School Standards and Framework Act 1998; \n\tc) a course of further education secured by an education authority in Scotland. \n8) A responsible body is— \n\ta) a local authority in England or Wales, for the purposes of subsection (7)(a); \n\tb) the governing body of a maintained school, for the purposes of subsection (7)(b); \n\tc) an education authority in Scotland, for the purposes of subsection (7)(c). \n9) In this section— \n\t- “course”, in relation to further education, includes each component part of a course if there is no requirement imposed on persons registered for a component part of the course to register for another component part of the course;\n\t- “enrolment” includes registration for a component part of a course;\n\t- “maintained school” has the meaning given in section 20(7) of the School Standards and Framework Act 1998;\n\t- “services” means services of any description which are provided wholly or mainly for persons enrolled on a course to which this section applies.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/92",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/92",
    "legislation_id": "ukpga/2010/15",
    "title": "Further and higher education courses",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 92,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781391Z",
    "text": "Section 68) **Sex equality rule: consequential alteration of schemes**\n\n1) This section applies if the trustees or managers of an occupational pension scheme do not have power to make sex equality alterations to the scheme. \n2) This section also applies if the trustees or managers of an occupational pension scheme have power to make sex equality alterations to the scheme but the procedure for doing so— \n\ta) is liable to be unduly complex or protracted, or \n\tb) involves obtaining consents which cannot be obtained or which can be obtained only with undue delay or difficulty. \n3) The trustees or managers may by resolution make sex equality alterations to the scheme. \n4) Sex equality alterations may have effect in relation to a period before the date on which they are made. \n5) Sex equality alterations to an occupational pension scheme are such alterations to the scheme as may be required to secure conformity with a sex equality rule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/68",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/68",
    "legislation_id": "ukpga/2010/15",
    "title": "Sex equality rule: consequential alteration of schemes",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 68,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781542Z",
    "text": "Section 105) **Time-limited provision**\n\n1) Section 104(7) and the words  “, subject to subsection (7),” in section 104(3)(c) are repealed at the end of 2030 unless an order is made under subsection (2). \n2) At any time before the end of 2030, a Minister of the Crown may by order provide that subsection (1) is to have effect with the substitution of a later time for that for the time being specified there. \n3) In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of that Act), in subsection (1) for  “2015” substitute “\n                    2030\n             ” . \n4) The substitution made by subsection (3) does not affect the power to substitute a later time by order under section 3 of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/105",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/105",
    "legislation_id": "ukpga/2010/15",
    "title": "Time-limited provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 105,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781424Z",
    "text": "Section 76) **Exclusion of pregnancy and maternity discrimination provisions**\n\n1) The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work that is modified by a maternity equality clause or rule. \n1A) The relevant pregnancy and maternity discrimination provision has no effect in relation to a term of the woman's work— \n\ta) that relates to pay, but \n\tb) in relation to which a maternity equality clause or rule has no effect. \n2) The inclusion in the woman's terms of a term that requires modification by virtue of section 73(2) or (3) is not pregnancy and maternity discrimination for the purposes of the relevant pregnancy and maternity discrimination provision. \n3) The relevant pregnancy and maternity discrimination provision is, in relation to a description of work given in the first column of the table, the provision referred to in the second column so far as relating to pregnancy and maternity. Description of workProvisionEmploymentSection 39(2)Appointment to a personal officeSection 49(6)Appointment to a public officeSection 50(6) ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/76",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/76",
    "legislation_id": "ukpga/2010/15",
    "title": "Exclusion of pregnancy and maternity discrimination provisions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 76,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781375Z",
    "text": "Section 64) **Relevant types of work**\n\n1) Sections 66 to 70 apply where— \n\ta) a person (A) is employed on work that is equal to the work that a comparator of the opposite sex (B) does; \n\tb) a person (A) holding a personal or public office does work that is equal to the work that a comparator of the opposite sex (B) does. \n2) The references in subsection (1) to the work that B does are not restricted to work done contemporaneously with the work done by A. \n3) Sections 66 to 68 and 70 apply where a person (A) is or has been in pensionable service under an occupational pension scheme (regardless of whether those sections also apply in A’s case by virtue of subsection (1)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/64",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/64",
    "legislation_id": "ukpga/2010/15",
    "title": "Relevant types of work",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 64,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781651Z",
    "text": "Section 131) **Assessment of whether work is of equal value**\n\n1) This section applies to proceedings before an employment tribunal on— \n\ta) a complaint relating to a breach of an equality clause or rule, or \n\tb) a question referred to the tribunal by virtue of section 128(2). \n2) Where a question arises in the proceedings as to whether one person's work is of equal value to another's, the tribunal may, before determining the question, require a member of the panel of independent experts to prepare a report on the question. \n3) The tribunal may withdraw a requirement that it makes under subsection (2); and, if it does so, it may— \n\ta) request the panel member to provide it with specified documentation; \n\tb) make such other requests to that member as are connected with the withdrawal of the requirement. \n4) If the tribunal requires the preparation of a report under subsection (2)\n\t\t\t\t\t(and does not withdraw the requirement), it must not determine the question unless it has received the report. \n5) Subsection (6) applies where— \n\ta) a question arises in the proceedings as to whether the work of one person (A) is of equal value to the work of another (B), and \n\tb) A's work and B's work have been given different values by a job evaluation study. \n6) The tribunal must determine that A's work is not of equal value to B's work unless it has reasonable grounds for suspecting that the evaluation contained in the study— \n\ta) was based on a system that discriminates because of sex, or \n\tb) is otherwise unreliable. \n7) For the purposes of subsection (6)(a), a system discriminates because of sex if a difference (or coincidence) between values that the system sets on different demands is not justifiable regardless of the sex of the person on whom the demands are made. \n8) A reference to a member of the panel of independent experts is a reference to a person— \n\ta) who is for the time being designated as such by the Advisory, Conciliation and Arbitration Service ( ACAS ) for the purposes of this section, and \n\tb) who is neither a member of the Council of ACAS nor one of its officers or members of staff. \n9) “Job evaluation study” has the meaning given in section 80(5). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/131",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/131",
    "legislation_id": "ukpga/2010/15",
    "title": "Assessment of whether work is of equal value",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "number": 131,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781571Z",
    "text": "Section 112) **Aiding contraventions**\n\n1) A person (A) must not knowingly help another (B) to do anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 111 (a basic contravention). \n2) It is not a contravention of subsection (1) if— \n\ta) A relies on a statement by B that the act for which the help is given does not contravene this Act, and \n\tb) it is reasonable for A to do so. \n3) B commits an offence if B knowingly or recklessly makes a statement mentioned in subsection (2)(a) which is false or misleading in a material respect. \n4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. \n5) For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating to the provision of this Act to which the basic contravention relates. \n6) The reference in subsection (1) to a basic contravention does not include a reference to disability discrimination in contravention of Chapter 1 of Part 6 (schools). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/112",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/112",
    "legislation_id": "ukpga/2010/15",
    "title": "Aiding contraventions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 112,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781655Z",
    "text": "Section 132) **Remedies in non-pensions cases**\n\n1) This section applies to proceedings before a court or employment tribunal on a complaint relating to a breach of an equality clause, other than a breach with respect to membership of or rights under an occupational pension scheme. \n2) If the court or tribunal finds that there has been a breach of the equality clause, it may— \n\ta) make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate; \n\tb) order an award by way of arrears of pay or damages in relation to the complainant. \n3) The court or tribunal may not order a payment under subsection (2)(b) in respect of a time before the arrears day. \n4) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column. CaseArrears dayA standard caseThe day falling 6 years before the day on which the proceedings were instituted.A concealment case or an incapacity case (or a case which is both).The day on which the breach first occurred. \n5) In relation to proceedings in Scotland, the arrears day is the first day of— \n\ta) the period of 5 years ending with the day on which the proceedings were commenced, or \n\tb) if the case involves a relevant incapacity, or a relevant fraud or error, the period determined in accordance with section 135(6) and (7) . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/132",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/132",
    "legislation_id": "ukpga/2010/15",
    "title": "Remedies in non-pensions cases",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 132,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781579Z",
    "text": "Section 114) **Jurisdiction**\n\n1) The county court or, in Scotland, the sheriff has jurisdiction to determine a claim relating to— \n\ta) a contravention of Part 3 (services and public functions); \n\tb) a contravention of Part 4 (premises); \n\tc) a contravention of Part 6 (education); \n\td) a contravention of Part 7 (associations); \n\te) a contravention of section 108, 111 or 112 that relates to Part 3, 4, 6 or 7. \n2) Subsection (1)(a) does not apply to a claim within section 115. \n3) Subsection (1)(c) does not apply to a claim within section 116. \n4) Subsection (1)(d) does not apply to a contravention of section 106. \n5) For the purposes of proceedings on a claim within subsection (1)(a)— \n\ta) a decision in proceedings on a claim mentioned in section 115(1) that an act is a contravention of Part 3 is binding; \n\tb) it does not matter whether the act occurs outside the United Kingdom. \n6) The county court or sheriff— \n\ta) must not grant an interim injunction or interdict unless satisfied that no criminal matter would be prejudiced by doing so; \n\tb) must grant an application to stay or sist proceedings under subsection (1) on grounds of prejudice to a criminal matter unless satisfied the matter will not be prejudiced. \n7) In proceedings in England and Wales on a claim within subsection (1), the power under section 63(1) of the County Courts Act 1984 (appointment of assessors) must be exercised unless the judge is satisfied that there are good reasons for not doing so. \n8) In proceedings in Scotland on a claim within subsection (1), the power under rule 44.3 of Schedule 1 to the Sheriff Court (Scotland) Act 1907 (appointment of assessors) must be exercised unless the sheriff is satisfied that there are good reasons for not doing so. \n9) The remuneration of an assessor appointed by virtue of subsection (8) is to be at a rate determined by the Lord President of the Court of Session. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/114",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/114",
    "legislation_id": "ukpga/2010/15",
    "title": "Jurisdiction",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 114,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781154Z",
    "text": "Section 20) **Duty to make adjustments**\n\n1) Where this Act imposes a duty to make reasonable adjustments on a person, this section, sections 21 and 22 and the applicable Schedule apply; and for those purposes, a person on whom the duty is imposed is referred to as A. \n2) The duty comprises the following three requirements. \n3) The first requirement is a requirement, where a provision, criterion or practice of A's puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage. \n4) The second requirement is a requirement, where a physical feature puts a disabled person at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to avoid the disadvantage. \n5) The third requirement is a requirement, where a disabled person would, but for the provision of an auxiliary aid, be put at a substantial disadvantage in relation to a relevant matter in comparison with persons who are not disabled, to take such steps as it is reasonable to have to take to provide the auxiliary aid. \n6) Where the first or third requirement relates to the provision of information, the steps which it is reasonable for A to have to take include steps for ensuring that in the circumstances concerned the information is provided in an accessible format. \n7) A person (A) who is subject to a duty to make reasonable adjustments is not (subject to express provision to the contrary) entitled to require a disabled person, in relation to whom A is required to comply with the duty, to pay to any extent A's costs of complying with the duty. \n8) A reference in section 21 or 22 or an applicable Schedule to the first, second or third requirement is to be construed in accordance with this section. \n9) In relation to the second requirement, a reference in this section or an applicable Schedule to avoiding a substantial disadvantage includes a reference to— \n\ta) removing the physical feature in question, \n\tb) altering it, or \n\tc) providing a reasonable means of avoiding it. \n10) A reference in this section, section 21 or 22 or an applicable Schedule (apart from paragraphs 2 to 4 of Schedule 4) to a physical feature is a reference to— \n\ta) a feature arising from the design or construction of a building, \n\tb) a feature of an approach to, exit from or access to a building, \n\tc) a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or \n\td) any other physical element or quality. \n11) A reference in this section, section 21 or 22 or an applicable Schedule to an auxiliary aid includes a reference to an auxiliary service. \n12) A reference in this section or an applicable Schedule to chattels is to be read, in relation to Scotland, as a reference to moveable property. \n13) The applicable Schedule is, in relation to the Part of this Act specified in the first column of the Table, the Schedule specified in the second column. Part of this ActApplicable SchedulePart 3 (services and public functions)Schedule 2Part 4 (premises)Schedule 4Part 5 (work)Schedule 8Part 6 (education)Schedule 13Part 7 (associations)Schedule 15Each of the Parts mentioned aboveSchedule 21 ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/20",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/20",
    "legislation_id": "ukpga/2010/15",
    "title": "Duty to make adjustments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "provenance_prompt_version": null,
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    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781453Z",
    "text": "Section 83) **Interpretation and exceptions**\n\n1) This section applies for the purposes of this Part. \n2) “Employment” means— \n\ta) employment under a contract of employment, a contract of apprenticeship or a contract personally to do work; \n\tb) Crown employment; \n\tc) employment as a relevant member of the House of Commons staff; \n\td) employment as a relevant member of the House of Lords staff. \n3) This Part applies to service in the armed forces as it applies to employment by a private person; and for that purpose— \n\ta) references to terms of employment, or to a contract of employment, are to be read as including references to terms of service; \n\tb) references to associated employers are to be ignored. \n4) A reference to an employer or an employee, or to employing or being employed, is (subject to section 212(11)) to be read with subsections (2) and (3); and a reference to an employer also includes a reference to a person who has no employees but is seeking to employ one or more other persons. \n5) “Relevant member of the House of Commons staff” has the meaning given in section 195 of the Employment Rights Act 1996; and such a member of staff is an employee of— \n\ta) the person who is the employer of that member under subsection (6) of that section, or \n\tb) if subsection (7) of that section applies in the case of that member, the person who is the employer of that member under that subsection. \n6) “Relevant member of the House of Lords staff” has the meaning given in section 194 of that Act (which provides that such a member of staff is an employee of the Corporate Officer of the House of Lords). \n7) In the case of a person in Crown employment, or in employment as a relevant member of the House of Commons staff, a reference to the person's dismissal is a reference to the termination of the person's employment. \n8) A reference to a personal or public office, or to an appointment to a personal or public office, is to be construed in accordance with section 52. \n9) “Crown employment” has the meaning given in section 191 of the Employment Rights Act 1996. \n10) Schedule 8 (reasonable adjustments) has effect. \n11) Schedule 9 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/83",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/83",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
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    "number": 83,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782241Z",
    "text": "SCHEDULE 1 Disability: supplementary provision Section 6 ## Part 1\n## Determination of disability\n\n*Impairment*\n\n1) Regulations may make provision for a condition of a prescribed description to be, or not to be, an impairment. *Long-term effects*\n\n2) \n1) The effect of an impairment is long-term if— \n\ta) it has lasted for at least 12 months, \n\tb) it is likely to last for at least 12 months, or \n\tc) it is likely to last for the rest of the life of the person affected. \n2) If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur. \n3) For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed. \n4) Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term. *Severe disfigurement*\n\n3) \n1) An impairment which consists of a severe disfigurement is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities. \n2) Regulations may provide that in prescribed circumstances a severe disfigurement is not to be treated as having that effect. \n3) The regulations may, in particular, make provision in relation to deliberately acquired disfigurement. *Substantial adverse effects*\n\n4) Regulations may make provision for an effect of a prescribed description on the ability of a person to carry out normal day-to-day activities to be treated as being, or as not being, a substantial adverse effect. *Effect of medical treatment*\n\n5) \n1) An impairment is to be treated as having a substantial adverse effect on the ability of the person concerned to carry out normal day-to-day activities if— \n\ta) measures are being taken to treat or correct it, and \n\tb) but for that, it would be likely to have that effect. \n2) “Measures” includes, in particular, medical treatment and the use of a prosthesis or other aid. \n3) Sub-paragraph (1) does not apply— \n\ta) in relation to the impairment of a person's sight, to the extent that the impairment is, in the person's case, correctable by spectacles or contact lenses or in such other ways as may be prescribed; \n\tb) in relation to such other impairments as may be prescribed, in such circumstances as are prescribed. *Normal day-to-day activities*\n\n5A) \n1) This paragraph has effect for the purposes of the application to the protected characteristic of disability of— \n\ta) Part 5 (work); \n\tb) Part 8 (prohibited conduct: ancillary), so far as relating to Part 5; \n\tc) Part 10 (contracts), so far as relating to Part 5; \n\td) Schedule 21 (reasonable adjustments: supplementary), so far as applying for the purposes of Schedule 8. \n2) References in the relevant provisions to a person’s ability to carry out normal day-to-day activities are to be taken as including references to the person’s ability to participate fully and effectively in working life on an equal basis with other workers. \n3) The “relevant provisions” are— \n\ta) section 6 (disability); \n\tb) other provisions of this Schedule; \n\tc) regulations under this Schedule (whenever made). *Certain medical conditions*\n\n6) \n1) Cancer, HIV infection and multiple sclerosis are each a disability. \n2) HIV infection is infection by a virus capable of causing the Acquired Immune Deficiency Syndrome. *Deemed disability*\n\n7) \n1) Regulations may provide for persons of prescribed descriptions to be treated as having disabilities. \n2) The regulations may prescribe circumstances in which a person who has a disability is to be treated as no longer having the disability. \n3) This paragraph does not affect the other provisions of this Schedule. *Progressive conditions*\n\n8) \n1) This paragraph applies to a person (P) if— \n\ta) P has a progressive condition, \n\tb) as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but \n\tc) the effect is not (or was not) a substantial adverse effect. \n2) P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment. \n3) Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive. *Past disabilities*\n\n9) \n1) A question as to whether a person had a disability at a particular time (“the relevant time”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time. \n2) The relevant time may be a time before the coming into force of the provision of this Act to which the question relates. ## Part 2\n## Guidance\n\n*Preliminary*\n\n10) This Part of this Schedule applies in relation to guidance referred to in section 6(5). *Examples*\n\n11) The guidance may give examples of— \n\ta) effects which it would, or would not, be reasonable, in relation to particular activities, to regard as substantial adverse effects; \n\tb) substantial adverse effects which it would, or would not, be reasonable to regard as long-term. *Adjudicating bodies*\n\n12) \n1) In determining whether a person is a disabled person, an adjudicating body must take account of such guidance as it thinks is relevant. \n2) An adjudicating body is— \n\ta) a court; \n\tb) a tribunal; \n\tc) a person (other than a court or tribunal) who may decide a claim relating to a contravention of Part 6 (education). *Representations*\n\n13) Before issuing the guidance, the Minister must— \n\ta) publish a draft of it; \n\tb) consider any representations made to the Minister about the draft; \n\tc) make such modifications as the Minister thinks appropriate in the light of the representations. *Parliamentary procedure*\n\n14) \n1) If the Minister decides to proceed with proposed guidance, a draft of it must be laid before Parliament. \n2) If, before the end of the 40-day period, either House resolves not to approve the draft, the Minister must take no further steps in relation to the proposed guidance. \n3) If no such resolution is made before the end of that period, the Minister must issue the guidance in the form of the draft. \n4) Sub-paragraph (2) does not prevent a new draft of proposed guidance being laid before Parliament. \n5) The 40-day period— \n\ta) begins on the date on which the draft is laid before both Houses (or, if laid before each House on a different date, on the later date); \n\tb) does not include a period during which Parliament is prorogued or dissolved; \n\tc) does not include a period during which both Houses are adjourned for more than 4 days. *Commencement*\n\n15) The guidance comes into force on the day appointed by order by the Minister. *Revision and revocation*\n\n16) \n1) The Minister may— \n\ta) revise the whole or part of guidance and re-issue it; \n\tb) by order revoke guidance. \n2) A reference to guidance includes a reference to guidance which has been revised and re-issued. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/1",
    "legislation_id": "ukpga/2010/15",
    "title": "Disability: supplementary provision",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781227Z",
    "text": "Section 31) **Interpretation and exceptions**\n\n1) This section applies for the purposes of this Part. \n2) A reference to the provision of a service includes a reference to the provision of goods or facilities. \n3) A reference to the provision of a service includes a reference to the provision of a service in the exercise of a public function. \n4) A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998. \n5) Where an employer arranges for another person to provide a service only to the employer's employees— \n\ta) the employer is not to be regarded as the service-provider, but \n\tb) the employees are to be regarded as a section of the public. \n6) A reference to a person requiring a service includes a reference to a person who is seeking to obtain or use the service. \n7) A reference to a service-provider not providing a person with a service includes a reference to— \n\ta) the service-provider not providing the person with a service of the quality that the service-provider usually provides to the public (or the section of it which includes the person), or \n\tb) the service-provider not providing the person with the service in the manner in which, or on the terms on which, the service-provider usually provides the service to the public (or the section of it which includes the person). \n8) In relation to the provision of a service by either House of Parliament, the service-provider is the Corporate Officer of the House concerned; and if the service involves access to, or use of, a place in the Palace of Westminster which members of the public are allowed to enter, both Corporate Officers are jointly the service-provider. \n9) Schedule 2 (reasonable adjustments) has effect. \n10) Schedule 3 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/31",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/31",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 31,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781538Z",
    "text": "Section 104) **Selection of candidates**\n\n1) This section applies to an association which is a registered political party. \n2) A person does not contravene this Part only by acting in accordance with selection arrangements. \n3) Selection arrangements are arrangements— \n\ta) which the party makes for regulating the selection of its candidates in a relevant election, \n\tb) the purpose of which is to reduce inequality in the party's representation in the body concerned, and \n\tc) which, subject to subsection (7), are a proportionate means of achieving that purpose. \n4) The reference in subsection (3)(b) to inequality in a party's representation in a body is a reference to inequality between— \n\ta) the number of the party's candidates elected to be members of the body who share a protected characteristic, and \n\tb) the number of the party's candidates so elected who do not share that characteristic. \n5) For the purposes of subsection (4), persons share the protected characteristic of disability if they are disabled persons (and section 6(3)(b) is accordingly to be ignored). \n6) Selection arrangements do not include short-listing only such persons as have a particular protected characteristic. \n7) But subsection (6) does not apply to the protected characteristic of sex; and subsection (3)(c) does not apply to short-listing in reliance on this subsection. \n8) The following elections are relevant elections— \n\ta) Parliamentary Elections; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) elections to the Scottish Parliament; \n\td) elections to the National Assembly for Wales; \n\te) local government elections within the meaning of section 191, 203 or 204 of the Representation of the People Act 1983 (excluding elections for the Mayor of London). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/104",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/104",
    "legislation_id": "ukpga/2010/15",
    "title": "Selection of candidates",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
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    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 104,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781712Z",
    "text": "Section 142) **Unenforceable terms**\n\n1) A term of a contract is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act. \n2) A relevant non-contractual term is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of that or another person that is of a description prohibited by this Act, in so far as this Act relates to disability. \n3) A relevant non-contractual term is a term which— \n\ta) is a term of an agreement that is not a contract, and \n\tb) relates to the provision of an employment service within section 56(2)(a) to (e) or to the provision under a group insurance arrangement of facilities by way of insurance. \n4) A reference in subsection (1) or (2) to treatment of a description prohibited by this Act does not include— \n\ta) a reference to the inclusion of a term in a contract referred to in section 70(2)(a) or 76(2), or \n\tb) a reference to the failure to include a term in a contract as referred to in section 70(2)(b). \n5) Subsection (4) does not affect the application of section 148(2) to this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/142",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/142",
    "legislation_id": "ukpga/2010/15",
    "title": "Unenforceable terms",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 142,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781403Z",
    "text": "Section 71) **Sex discrimination in relation to contractual pay**\n\n1) This section applies in relation to a term of a person's work— \n\ta) that relates to pay, but \n\tb) in relation to which a sex equality clause or rule has no effect. \n2) The relevant sex discrimination provision (as defined by section 70) has no effect in relation to the term except in so far as treatment of the person amounts to a contravention of the provision by virtue of section 13 or 14. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/71",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/71",
    "legislation_id": "ukpga/2010/15",
    "title": "Sex discrimination in relation to contractual pay",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 71,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781363Z",
    "text": "Section 61) **Non-discrimination rule**\n\n1) An occupational pension scheme must be taken to include a non-discrimination rule. \n2) A non-discrimination rule is a provision by virtue of which a responsible person (A)— \n\ta) must not discriminate against another person (B) in carrying out any of A's functions in relation to the scheme; \n\tb) must not, in relation to the scheme, harass B; \n\tc) must not, in relation to the scheme, victimise B. \n3) The provisions of an occupational pension scheme have effect subject to the non-discrimination rule. \n4) The following are responsible persons— \n\ta) the trustees or managers of the scheme; \n\tb) an employer whose employees are, or may be, members of the scheme; \n\tc) a person exercising an appointing function in relation to an office the holder of which is, or may be, a member of the scheme. \n5) A non-discrimination rule does not apply in relation to a person who is a pension credit member of a scheme. \n6) An appointing function is any of the following— \n\ta) the function of appointing a person; \n\tb) the function of terminating a person's appointment; \n\tc) the function of recommending a person for appointment; \n\td) the function of approving an appointment. \n7) A breach of a non-discrimination rule is a contravention of this Part for the purposes of Part 9 (enforcement). \n8) It is not a breach of a non-discrimination rule for the employer or the trustees or managers of a scheme to maintain or use in relation to the scheme rules, practices, actions or decisions relating to age which are of a description specified by order by a Minister of the Crown. \n9) An order authorising the use of rules, practices, actions or decisions which are not in use before the order comes into force must not be made unless the Minister consults such persons as the Minister thinks appropriate. \n10) A non-discrimination rule does not have effect in relation to an occupational pension scheme in so far as an equality rule has effect in relation to it (or would have effect in relation to it but for Part 2 of Schedule 7). \n11) A duty to make reasonable adjustments applies to a responsible person. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/61",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/61",
    "legislation_id": "ukpga/2010/15",
    "title": "Non-discrimination rule",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 61,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781989Z",
    "text": "Section 194) **Charities: supplementary**\n\n1) This section applies for the purposes of section 193. \n2) That section does not apply to race, so far as relating to colour. \n3) “Charity”— \n\ta) in relation to England and Wales, has the meaning given by section 1(1) of the Charities Act 2011 ; \n\tb) in relation to Scotland, means a body entered in the Scottish Charity Register. \n4) “Charitable instrument” means an instrument establishing or governing a charity (including an instrument made or having effect before the commencement of this section). \n5) The charity regulators are— \n\ta) the Charity Commission for England and Wales; \n\tb) the Scottish Charity Regulator. \n6) Section 107(5) applies to references in subsection (5) of section 193 to members, or persons wishing to become members, of a charity. \n7) “Supported employment” means facilities provided, or in respect of which payments are made, under section 15 of the Disabled Persons (Employment) Act 1944. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/194",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/194",
    "legislation_id": "ukpga/2010/15",
    "title": "Charities: supplementary",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 194,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781466Z",
    "text": "Section 86) **Victimisation of pupils, etc. for conduct of parents, etc.**\n\n1) This section applies for the purposes of section 27 in its application to section 85(4) or (5). \n2) The references to B in paragraphs (a) and (b) of subsection (1) of section 27 include a reference to a parent or sibling of the child in question. \n3) Giving false evidence or information, or making a false allegation, in good faith is not a protected act in a case where— \n\ta) the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and \n\tb) the child has acted in bad faith. \n4) Giving false evidence or information, or making a false allegation, in bad faith, is a protected act in a case where— \n\ta) the evidence or information is given, or the allegation is made, by a parent or sibling of the child, and \n\tb) the child has acted in good faith. \n5) In this section— \n\t- “child” means a person who has not attained the age of 18;\n\t- “sibling” means a brother or sister, a half-brother or half-sister, or a stepbrother or stepsister.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/86",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/86",
    "legislation_id": "ukpga/2010/15",
    "title": "Victimisation of pupils, etc. for conduct of parents, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 86,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781313Z",
    "text": "Section 50) **Public offices: appointments, etc.**\n\n1) This section and section 51 apply in relation to public offices. \n2) A public office is— \n\ta) an office or post, appointment to which is made by a member of the executive; \n\tb) an office or post, appointment to which is made on the recommendation of, or subject to the approval of, a member of the executive; \n\tc) an office or post, appointment to which is made on the recommendation of, or subject to the approval of, the House of Commons, the House of Lords, the National Assembly for Wales or the Scottish Parliament. \n\td) an office or post, appointment to which is made by the Lord Chief Justice or the Senior President of Tribunals. \n3) A person (A) who has the power to make an appointment to a public office within subsection (2)(a) , (b) or (d) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer the appointment; \n\tb) as to the terms on which A offers B the appointment; \n\tc) by not offering B the appointment. \n4) A person who has the power to make an appointment to a public office within subsection (2)(a) , (b) or (d) must not, in relation to the office, harass a person seeking, or being considered for, the appointment. \n5) A person (A) who has the power to make an appointment to a public office within subsection (2)(a) , (b) or (d) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer the appointment; \n\tb) as to the terms on which A offers B the appointment; \n\tc) by not offering B the appointment. \n6) A person (A) who is a relevant person in relation to a public office within subsection (2)(a) , (b) or (d) must not discriminate against a person (B) appointed to the office— \n\ta) as to B's terms of appointment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by terminating the appointment; \n\td) by subjecting B to any other detriment. \n7) A person (A) who is a relevant person in relation to a public office within subsection (2)(c) must not discriminate against a person (B) appointed to the office— \n\ta) as to B's terms of appointment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by subjecting B to any other detriment (other than by terminating the appointment). \n8) A relevant person in relation to a public office must not, in relation to that office, harass a person appointed to it. \n9) A person (A) who is a relevant person in relation to a public office within subsection (2)(a) , (b) or (d) must not victimise a person (B) appointed to the office— \n\ta) as to B's terms of appointment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by terminating the appointment; \n\td) by subjecting B to any other detriment. \n10) A person (A) who is a relevant person in relation to a public office within subsection (2)(c) must not victimise a person (B) appointed to the office— \n\ta) as to B's terms of appointment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by subjecting B to any other detriment (other than by terminating the appointment). \n11) A duty to make reasonable adjustments applies to— \n\ta) a relevant person in relation to a public office; \n\tb) a person who has the power to make an appointment to a public office within subsection (2)(a) , (b) or (d) . \n12) Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay— \n\ta) unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or \n\tb) if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (3)(b) by virtue of section 13, 14 or 18. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/50",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/50",
    "legislation_id": "ukpga/2010/15",
    "title": "Public offices: appointments, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 50,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781607Z",
    "text": "Section 121) **Armed forces cases**\n\n1) Section 120(1) does not apply to a complaint relating to an act done when the complainant was serving as a member of the armed forces unless— \n\ta) the complainant has made a service complaint about the matter, and \n\tb) the complaint has not been withdrawn. \n2) Where the complaint is dealt with by a person or panel appointed by the Defence Council by virtue of section 340C(1)(a) of the 2006 Act, it is to be treated for the purposes of subsection (1)(b) as withdrawn if— \n\ta) the period allowed in accordance with service complaints regulations for bringing an appeal against the person's or panel's decision expires,  ... \n\taa) there are grounds (of which the complainant is aware) on which the complainant is entitled to bring such an appeal, and \n\tb) either— \n\t\ti) the complainant does not apply to the Service Complaints Ombudsman for a review by virtue of section 340D(6)(a) of the 2006 Act (review of decision that appeal brought out of time cannot proceed), or \n\t\tii) the complainant does apply for such a review and the Ombudsman decides that an appeal against the person's or panel's decision cannot be proceeded with. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) The making of a complaint to an employment tribunal in reliance on subsection (1) does not affect the continuation of the procedures set out in service complaints regulations. \n6) In this section— \n\t- “the 2006 Act” means the Armed Forces Act 2006;\n\t- “service complaints regulations” means regulations made under section 340B(1) of the 2006 Act.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/121",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/121",
    "legislation_id": "ukpga/2010/15",
    "title": "Armed forces cases",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 121,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781462Z",
    "text": "Section 85) **Pupils: admission and treatment, etc.**\n\n1) The responsible body of a school to which this section applies must not discriminate against a person— \n\ta) in the arrangements it makes for deciding who is offered admission as a pupil; \n\tb) as to the terms on which it offers to admit the person as a pupil; \n\tc) by not admitting the person as a pupil. \n2) The responsible body of such a school must not discriminate against a pupil— \n\ta) in the way it provides education for the pupil; \n\tb) in the way it affords the pupil access to a benefit, facility or service; \n\tc) by not providing education for the pupil; \n\td) by not affording the pupil access to a benefit, facility or service; \n\te) by excluding the pupil from the school; \n\tf) by subjecting the pupil to any other detriment. \n3) The responsible body of such a school must not harass— \n\ta) a pupil; \n\tb) a person who has applied for admission as a pupil. \n4) The responsible body of such a school must not victimise a person— \n\ta) in the arrangements it makes for deciding who is offered admission as a pupil; \n\tb) as to the terms on which it offers to admit the person as a pupil; \n\tc) by not admitting the person as a pupil. \n5) The responsible body of such a school must not victimise a pupil— \n\ta) in the way it provides education for the pupil; \n\tb) in the way it affords the pupil access to a benefit, facility or service; \n\tc) by not providing education for the pupil; \n\td) by not affording the pupil access to a benefit, facility or service; \n\te) by excluding the pupil from the school; \n\tf) by subjecting the pupil to any other detriment. \n6) A duty to make reasonable adjustments applies to the responsible body of such a school. \n7) In relation to England and Wales, this section applies to— \n\ta) a school maintained by a local authority; \n\tb) an independent educational institution (other than a special school); \n\tba) an alternative provision Academy that is not an independent educational institution; \n\tc) a special school (not maintained by a local authority). \n8) In relation to Scotland, this section applies to— \n\ta) a school managed by an education authority; \n\tb) an independent school; \n\tc) a school in respect of which the managers are for the time being receiving grants under section 73(c) or (d) of the Education (Scotland) Act 1980. \n9) The responsible body of a school to which this section applies is— \n\ta) if the school is within subsection (7)(a), the local authority or governing body; \n\tb) if it is within subsection (7)(b) , (ba) or (c), the proprietor; \n\tc) if it is within subsection (8)(a), the education authority; \n\td) if it is within subsection (8)(b), the proprietor; \n\te) if it is within subsection (8)(c), the managers. \n10) In the application of section 26 for the purposes of subsection (3), none of the following is a relevant protected characteristic— \n\ta) gender reassignment; \n\tb) religion or belief; \n\tc) sexual orientation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/85",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/85",
    "legislation_id": "ukpga/2010/15",
    "title": "Pupils: admission and treatment, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 85,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782156Z",
    "text": "Section 202) **Civil partnerships on religious premises**\n\n1) The Civil Partnership Act 2004 is amended as follows. \n2) Omit section 6(1)(b) and (2)\n\t\t\t\t\t(prohibition on use of religious premises for registration of civil partnership). \n3) In section 6A (power to approve premises for registration of civil partnership), after subsection (2), insert— \n2A) Regulations under this section may provide that premises approved for the registration of civil partnerships may differ from those premises approved for the registration of civil marriages. \n2B) Provision by virtue of subsection (2)(b) may, in particular, provide that applications for approval of premises may only be made with the consent (whether general or specific) of a person specified, or a person of a description specified, in the provision. \n2C) The power conferred by section 258(2), in its application to the power conferred by this section, includes in particular— \n\ta) power to make provision in relation to religious premises that differs from provision in relation to other premises; \n\tb) power to make different provision for different kinds of religious premises. \n4) In that section, after subsection (3), insert— \n3A) For the avoidance of doubt, nothing in this Act places an obligation on religious organisations to host civil partnerships if they do not wish to do so. \n3B) “Civil marriage” means marriage solemnised otherwise than according to the rites of the Church of England or any other religious usages. \n3C) “Religious premises” means premises which— \n\ta) are used solely or mainly for religious purposes, or \n\tb) have been so used and have not subsequently been used solely or mainly for other purposes. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/202",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/202",
    "legislation_id": "ukpga/2010/15",
    "title": "Civil partnerships on religious premises",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 202,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781639Z",
    "text": "Section 128) **References by court to tribunal, etc.**\n\n1) If it appears to a court in which proceedings are pending that a claim or counter-claim relating to an equality clause or rule could more conveniently be determined by an employment tribunal, the court may strike out the claim or counter-claim. \n2) If in proceedings before a court a question arises about an equality clause or rule, the court may (whether or not on an application by a party to the proceedings)— \n\ta) refer the question, or direct that it be referred by a party to the proceedings, to an employment tribunal for determination, and \n\tb) stay or sist the proceedings in the meantime. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/128",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/128",
    "legislation_id": "ukpga/2010/15",
    "title": "References by court to tribunal, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 128,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781683Z",
    "text": "Section 139) **Interest**\n\n1) Regulations may make provision— \n\ta) for enabling an employment tribunal to include interest on an amount awarded by it in proceedings under this Act; \n\tb) specifying the manner in which, and the periods and rate by reference to which, the interest is to be determined. \n2) Regulations may modify the operation of an order made under section 14 of the Employment Tribunals Act 1996 (power to make provision as to interest on awards) in so far as it relates to an award in proceedings under this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/139",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/139",
    "legislation_id": "ukpga/2010/15",
    "title": "Interest",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 139,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781281Z",
    "text": "Section 42) **Identity of employer**\n\n1) For the purposes of this Part, holding the office of constable is to be treated as employment— \n\ta) by the chief officer, in respect of any act done by the chief officer in relation to a constable or appointment to the office of constable; \n\tb) by the responsible authority, in respect of any act done by the authority in relation to a constable or appointment to the office of constable. \n2) For the purposes of this Part, holding an appointment as a police cadet is to be treated as employment— \n\ta) by the chief officer, in respect of any act done by the chief officer in relation to a police cadet or appointment as one; \n\tb) by the responsible authority, in respect of any act done by the authority in relation to a police cadet or appointment as one. \n3) Subsection (1) does not apply to service with the Civil Nuclear Constabulary (as to which, see section 55(2) of the Energy Act 2004). \n4) Subsection (1) does not apply to a constable at NCA or SPA . \n5) A constable at NCA or SPA is to be treated as employed by it, in respect of any act done by it in relation to the constable. \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/42",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/42",
    "legislation_id": "ukpga/2010/15",
    "title": "Identity of employer",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 42,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781659Z",
    "text": "Section 133) **Remedies in pensions cases**\n\n1) This section applies to proceedings before a court or employment tribunal on a complaint relating to— \n\ta) a breach of an equality rule, or \n\tb) a breach of an equality clause with respect to membership of, or rights under, an occupational pension scheme. \n2) If the court or tribunal finds that there has been a breach as referred to in subsection (1)— \n\ta) it may make a declaration as to the rights of the parties in relation to the matters to which the proceedings relate; \n\tb) it must not order arrears of benefits or damages or any other amount to be paid to the complainant. \n3) Subsection (2)(b) does not apply if the proceedings are proceedings to which section 134 applies. \n4) If the breach relates to a term on which persons become members of the scheme, the court or tribunal may declare that the complainant is entitled to be admitted to the scheme with effect from a specified date. \n5) A date specified for the purposes of subsection (4) must not be before 8 April 1976. \n6) If the breach relates to a term on which members of the scheme are treated, the court or tribunal may declare that the complainant is, in respect of a specified period, entitled to secure the rights that would have accrued if the breach had not occurred. \n7) A period specified for the purposes of subsection (6) must not begin before 17 May 1990. \n8) If the court or tribunal makes a declaration under subsection (6), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the rights referred to in that subsection. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/133",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/133",
    "legislation_id": "ukpga/2010/15",
    "title": "Remedies in pensions cases",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 133,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781558Z",
    "text": "Section 109) **Liability of employers and principals**\n\n1) Anything done by a person (A) in the course of A's employment must be treated as also done by the employer. \n2) Anything done by an agent for a principal, with the authority of the principal, must be treated as also done by the principal. \n3) It does not matter whether that thing is done with the employer's or principal's knowledge or approval. \n4) In proceedings against A's employer (B) in respect of anything alleged to have been done by A in the course of A's employment it is a defence for B to show that B took all reasonable steps to prevent A— \n\ta) from doing that thing, or \n\tb) from doing anything of that description. \n5) This section does not apply to offences under this Act (other than offences under Part 12 (disabled persons: transport)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/109",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/109",
    "legislation_id": "ukpga/2010/15",
    "title": "Liability of employers and principals",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 109,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781647Z",
    "text": "Section 130) **Section 129: supplementary**\n\n1) This section applies for the purposes of section 129. \n2) A standard case is a case which is not— \n\ta) a stable work case, \n\tb) a concealment case, \n\tc) an incapacity case, or \n\td) a concealment case and an incapacity case. \n3) A stable work case is a case where the proceedings relate to a period during which there was a stable working relationship between the worker and the responsible person (including any time after the terms of work had expired). \n4) A concealment case in proceedings relating to an equality clause is a case where— \n\ta) the responsible person deliberately concealed a qualifying fact from the worker, and \n\tb) the worker did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day. \n5) A concealment case in proceedings relating to an equality rule is a case where— \n\ta) the employer or the trustees or managers of the occupational pension scheme in question deliberately concealed a qualifying fact from the member, and \n\tb) the member did not discover (or could not with reasonable diligence have discovered) the qualifying fact until after the relevant day. \n6) A qualifying fact for the purposes of subsection (4) or (5) is a fact— \n\ta) which is relevant to the complaint, and \n\tb) without knowledge of which the worker or member could not reasonably have been expected to bring the proceedings. \n7) An incapacity case in proceedings relating to an equality clause with respect to terms of work other than terms of service in the armed forces is a case where the worker had an incapacity during the period of 6 months beginning with the later of— \n\ta) the relevant day, or \n\tb) the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person. \n8) An incapacity case in proceedings relating to an equality clause with respect to terms of service in the armed forces is a case where the worker had an incapacity during the period of 9 months beginning with the later of— \n\ta) the last day of the period of service during which the complaint arose, or \n\tb) the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the worker by the responsible person. \n9) An incapacity case in proceedings relating to an equality rule is a case where the member of the occupational pension scheme in question had an incapacity during the period of 6 months beginning with the later of— \n\ta) the relevant day, or \n\tb) the day on which the member discovered (or could with reasonable diligence have discovered) the qualifying fact deliberately concealed from the member by the employer or the trustees or managers of the scheme. \n10) The relevant day for the purposes of this section is— \n\ta) the last day of the employment or appointment, or \n\tb) the day on which the stable working relationship between the worker and the responsible person ended. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/130",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/130",
    "legislation_id": "ukpga/2010/15",
    "title": "Section 129: supplementary",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 130,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781478Z",
    "text": "Section 89) **Interpretation and exceptions**\n\n1) This section applies for the purposes of this Chapter. \n2) Nothing in this Chapter applies to anything done in connection with the content of the curriculum. \n3) “Pupil”— \n\ta) in relation to England and Wales, has the meaning given in section 3(1) of the Education Act 1996; \n\tb) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980. \n4) “Proprietor”— \n\ta) in relation to a school in England and Wales, has the meaning given in section 579(1) of the Education Act 1996; \n\tb) in relation to a school in Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980. \n5) “School”— \n\ta) in relation to England and Wales, has the meaning given in section 4 of the Education Act 1996; \n\tb) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980. \n6) A reference to a school includes a reference to an independent educational institution in England; and a reference to an independent educational institution in England is to be construed in accordance with Chapter 1 of Part 4 of the Education and Skills Act 2008. \n7) A reference to an independent educational institution is a reference to— \n\ta) an independent educational institution in England, or \n\tb) an independent school in Wales. \n8) “Independent school”— \n\ta) in relation to Wales, has the meaning given in section 463 of the Education Act 1996; \n\tb) in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980. \n9) “Special school” has the meaning given in section 337 of the Education Act 1996. \n10) “Local authority” means— \n\ta) in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006; \n\tb) in relation to Wales, a Welsh local authority within the meaning of that section. \n11) “Education authority”, in relation to Scotland, has the meaning given in section 135(1) of the Education (Scotland) Act 1980. \n12) Schedule 11 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/89",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/89",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 89,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781603Z",
    "text": "Section 120) **Jurisdiction**\n\n1) An employment tribunal has, subject to section 121, jurisdiction to determine a complaint relating to— \n\ta) a contravention of Part 5 (work); \n\tb) a contravention of section 108, 111 or 112 that relates to Part 5. \n2) An employment tribunal has jurisdiction to determine an application by a responsible person (as defined by section 61) for a declaration as to the rights of that person and a worker in relation to a dispute about the effect of a non-discrimination rule. \n3) An employment tribunal also has jurisdiction to determine an application by the trustees or managers of an occupational pension scheme for a declaration as to their rights and those of a member in relation to a dispute about the effect of a non-discrimination rule. \n4) An employment tribunal also has jurisdiction to determine a question that— \n\ta) relates to a non-discrimination rule, and \n\tb) is referred to the tribunal by virtue of section 122. \n5) In proceedings before an employment tribunal on a complaint relating to a breach of a non-discrimination rule, the employer— \n\ta) is to be treated as a party, and \n\tb) is accordingly entitled to appear and be heard. \n6) Nothing in this section affects such jurisdiction as the High Court, the county court , the Court of Session or the sheriff has in relation to a non-discrimination rule. \n7) Subsection (1)(a) does not apply to a contravention of section 53 in so far as the act complained of may, by virtue of an enactment, be subject to an appeal or proceedings in the nature of an appeal. \n8) In subsection (1), the references to Part 5 do not include references to section 40A(1) or 60(1) or 60A(1) . \n9) Subsection (8) does not prevent an employment tribunal from considering a contravention of section 40A(1) in accordance with section 124A (compensation uplift in employee sexual harassment cases). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/120",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/120",
    "legislation_id": "ukpga/2010/15",
    "title": "Jurisdiction",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 120,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782300Z",
    "text": "SCHEDULE 14 Educational charities and endowments Section 99 *Educational charities*\n\n1) \n1) This paragraph applies to a trust deed or other instrument— \n\ta) which concerns property applicable for or in connection with the provision of education in an establishment in England and Wales to which section 85 or 91 applies, and \n\tb) which in any way restricts the benefits available under the instrument to persons of one sex. \n2) Sub-paragraph (3) applies if, on the application of the trustees or the responsible body (within the meaning of that section), a Minister of the Crown is satisfied that the removal or modification of the restriction would be conducive to the advancement of education without sex discrimination. \n3) The Minister may by order make such modifications of the instrument as appear to the Minister expedient for removing or modifying the restriction. \n4) If the trust was created by a gift or bequest, an order must not be made until the end of the period of 25 years after the date when the gift or bequest took effect. \n5) Sub-paragraph (4) does not apply if the donor or the personal representatives of the donor or testator consent in writing to making the application for the order. \n6) The Minister must require the applicant to publish a notice— \n\ta) containing particulars of the proposed order; \n\tb) stating that representations may be made to the Minister within a period specified in the notice. \n7) The period must be not less than one month beginning with the day after the date of the notice. \n8) The applicant must publish the notice in the manner specified by the Minister. \n9) The cost of publication may be paid out of the property of the trust. \n10) Before making the order, the Minister must take account of representations made in accordance with the notice. *Educational endowments*\n\n2) \n1) This paragraph applies to an educational endowment— \n\ta) to which section 104 of the Education (Scotland) Act 1980 applies, and \n\tb) which in any way restricts the benefit of the endowment to persons of one sex. \n2) Sub-paragraph (3) applies if, on the application of the governing body of an educational endowment, the Scottish Ministers are satisfied that the removal or modification of the provision which restricts the benefit of the endowment to persons of one sex would be conducive to the advancement of education without sex discrimination. \n3) The Scottish Ministers may by order make such provision as they think expedient for removing or modifying the restriction. \n4) If the Scottish Ministers propose to make such an order they must publish a notice in such manner as they think sufficient for giving information to persons they think may be interested in the endowment— \n\ta) containing particulars of the proposed order; \n\tb) stating that representations may be made with respect to the proposal within such period as is specified in the notice. \n5) The period must be not less than one month beginning with the day after the date of publication of the notice. \n6) The cost of publication is to be paid out of the funds of the endowment to which the notice relates. \n7) Before making an order, the Scottish Ministers— \n\ta) must consider representations made in accordance with the notice; \n\tb) may cause a local inquiry to be held into the representations under section 67 of the Education (Scotland) Act 1980. \n8) A reference to an educational endowment includes a reference to— \n\ta) a scheme made or approved for the endowment under Part 6 of the Education (Scotland) Act 1980; \n\tb) in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for the endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10); \n\tc) an endowment which is, by virtue of section 108(1) of the Education (Scotland) Act 1980, treated as if it were an educational endowment (or which would, but for the disapplication of that section by section 122(4) of that Act, be so treated); \n\td) a university endowment, the Carnegie Trust, a theological endowment and a new endowment. \n9) Expressions used in this paragraph and in Part 6 of the Education (Scotland) Act 1980 have the same meaning in this paragraph as in that Part. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/14",
    "legislation_id": "ukpga/2010/15",
    "title": "Educational charities and endowments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782291Z",
    "text": "SCHEDULE 12 Further and higher education exceptions Section 94 ## Part 1\n## Single-sex institutions, etc.\n\n*Admission to single-sex institutions*\n\n1) \n1) Section 91(1), so far as relating to sex, does not apply in relation to a single-sex institution. \n2) A single-sex institution is an institution to which section 91 applies, which— \n\ta) admits students of one sex only, or \n\tb) on the basis of the assumption in sub-paragraph (3), would be taken to admit students of one sex only. \n3) That assumption is that students of the opposite sex are to be disregarded if— \n\ta) their admission to the institution is exceptional, or \n\tb) their numbers are comparatively small and their admission is confined to particular courses or classes. \n4) In the case of an institution which is a single-sex institution by virtue of sub-paragraph (3)(b), section 91(2)(a) to (d), so far as relating to sex, does not prohibit confining students of the same sex to particular courses or classes. *Single-sex institutions turning co-educational*\n\n2) \n1) If the responsible body of a single-sex institution decides to alter its admissions arrangements so that the institution will cease to be a single-sex institution, the body may apply for a transitional exemption order in relation to the institution. \n2) A transitional exemption order relating to an institution is an order which, during the period specified in the order as the transitional period, authorises— \n\ta) sex discrimination by the responsible body of the institution in the arrangements it makes for deciding who is offered admission as a student; \n\tb) the responsible body, in the circumstances specified in the order, not to admit a person as a student because of the person's sex. \n3) Paragraph 3 applies in relation to the making of a transitional exemption order. \n4) The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — \n\ta) in accordance with a transitional exemption order, or \n\tb) pending the determination of an application for a transitional exemption order in relation to the institution, it does not admit a person as a student because of the person's sex. \n5) The responsible body of an institution does not contravene this Act, so far as relating to sex discrimination, if — \n\ta) in accordance with a transitional exemption order, or \n\tb) pending the determination of an application for a transitional exemption order in relation to the institution, it discriminates in the arrangements it makes for deciding who is offered admission as a student. \n3) \n1) In the case of a single-sex institution— \n\ta) its responsible body may submit to the Commission an application for the making of a transitional exemption order, and \n\tb) the Commission may make the order. \n2) An application under sub-paragraph (1) must specify— \n\ta) the period proposed by the responsible body as the transitional period to be specified in the order, \n\tb) the stages, within that period, by which the body proposes to move to the position where section 91(1)(a) and (c), so far as relating to sex, is complied with, and \n\tc) any other matters relevant to the terms and operation of the order applied for. \n3) The Commission must not make an order on an application under sub-paragraph (1) unless satisfied that the terms of the application are reasonable, having regard to— \n\ta) the nature of the institution's premises, \n\tb) the accommodation, equipment and facilities available, and \n\tc) the responsible body's financial resources. ## Part 2\n## Other exceptions\n\n*Occupational requirements*\n\n4) A person (P) does not contravene section 91(1) or (2) if P shows that P's treatment of another person relates only to training that would help fit that other person for work the offer of which the other person could be refused in reliance on Part 1 of Schedule 9. *Institutions with a religious ethos*\n\n5) \n1) The responsible body of an institution which is designated for the purposes of this paragraph does not contravene section 91(1), so far as relating to religion or belief, if, in the admission of students to a course at the institution— \n\ta) it gives preference to persons of a particular religion or belief, \n\tb) it does so to preserve the institution's religious ethos, and \n\tc) the course is not a course of vocational training. \n2) A Minister of the Crown may by order designate an institution if satisfied that the institution has a religious ethos. *Benefits dependent on marital status, etc.*\n\n6) A person does not contravene section 91, so far as relating to sexual orientation, by providing married persons and civil partners (to the exclusion of all other persons) with access to a benefit, facility or service. *Child care*\n\n7) \n1) A person does not contravene section 91(2)(b) or (d), so far as relating to age, only by providing, or making arrangements for or facilitating the provision of, care for children of a particular age group. \n2) Facilitating the provision of care for a child includes— \n\ta) paying for some or all of the cost of the provision; \n\tb) helping a parent of the child to find a suitable person to provide care for the child; \n\tc) enabling a parent of the child to spend more time providing care for the child or otherwise assisting the parent with respect to the care that the parent provides for the child. \n3) A child is a person who has not attained the age of 17. \n4) A reference to care includes a reference to supervision. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/12",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/12",
    "legislation_id": "ukpga/2010/15",
    "title": "Further and higher education exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781158Z",
    "text": "Section 21) **Failure to comply with duty**\n\n1) A failure to comply with the first, second or third requirement is a failure to comply with a duty to make reasonable adjustments. \n2) A discriminates against a disabled person if A fails to comply with that duty in relation to that person. \n3) A provision of an applicable Schedule which imposes a duty to comply with the first, second or third requirement applies only for the purpose of establishing whether A has contravened this Act by virtue of subsection (2); a failure to comply is, accordingly, not actionable by virtue of another provision of this Act or otherwise. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/21",
    "legislation_id": "ukpga/2010/15",
    "title": "Failure to comply with duty",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781486Z",
    "text": "Section 91) **Students: admission and treatment, etc.**\n\n1) The responsible body of an institution to which this section applies must not discriminate against a person— \n\ta) in the arrangements it makes for deciding who is offered admission as a student; \n\tb) as to the terms on which it offers to admit the person as a student; \n\tc) by not admitting the person as a student. \n2) The responsible body of such an institution must not discriminate against a student— \n\ta) in the way it provides education for the student; \n\tb) in the way it affords the student access to a benefit, facility or service; \n\tc) by not providing education for the student; \n\td) by not affording the student access to a benefit, facility or service; \n\te) by excluding the student; \n\tf) by subjecting the student to any other detriment. \n3) The responsible body of such an institution must not discriminate against a disabled person— \n\ta) in the arrangements it makes for deciding upon whom to confer a qualification; \n\tb) as to the terms on which it is prepared to confer a qualification on the person; \n\tc) by not conferring a qualification on the person; \n\td) by withdrawing a qualification from the person or varying the terms on which the person holds it. \n4) Subsection (3) applies only to disability discrimination. \n5) The responsible body of such an institution must not harass— \n\ta) a student; \n\tb) a person who has applied for admission as a student; \n\tc) a disabled person who holds or has applied for a qualification conferred by the institution. \n6) The responsible body of such an institution must not victimise a person— \n\ta) in the arrangements it makes for deciding who is offered admission as a student; \n\tb) as to the terms on which it offers to admit the person as a student; \n\tc) by not admitting the person as a student. \n7) The responsible body of such an institution must not victimise a student— \n\ta) in the way it provides education for the student; \n\tb) in the way it affords the student access to a benefit, facility or service; \n\tc) by not providing education for the student; \n\td) by not affording the student access to a benefit, facility or service; \n\te) by excluding the student; \n\tf) by subjecting the student to any other detriment. \n8) The responsible body of such an institution must not victimise a disabled person— \n\ta) in the arrangements it makes for deciding upon whom to confer a qualification; \n\tb) as to the terms on which it is prepared to confer a qualification on the person; \n\tc) by not conferring a qualification on the person; \n\td) by withdrawing a qualification from the person or varying the terms on which the person holds it. \n9) A duty to make reasonable adjustments applies to the responsible body of such an institution. \n10) In relation to England and Wales, this section applies to— \n\ta) a university; \n\tb) any other institution within the higher education sector; \n\tc) an institution within the further education sector. \n\td) a 16 to 19 Academy. \n11) In relation to Scotland, this section applies to— \n\ta) a university; \n\tb) a designated institution; \n\tc) a college of further education. \n12) A responsible body is— \n\ta) in the case of an institution within subsection (10)(a), (b) or (c), the governing body; \n\taa) in the case of an institution within subsection (10)(d), the proprietor (within the meaning of the Education Act 1996); \n\tb) in the case of an institution within subsection (11)(a) or (b), the governing body; \n\tc) in the case of a college of further education under the management of a board of management, the board of management; \n\td) in the case of any other college of further education, any board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/91",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/91",
    "legislation_id": "ukpga/2010/15",
    "title": "Students: admission and treatment, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 91,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782201Z",
    "text": "Section 213) **References to maternity leave, etc.**\n\n1) This section applies for the purposes of this Act. \n2) A reference to a woman on maternity leave is a reference to a woman on— \n\ta) compulsory maternity leave, \n\tb) ordinary maternity leave, or \n\tc) additional maternity leave. \n3) A reference to a woman on compulsory maternity leave is a reference to a woman absent from work because she satisfies the conditions prescribed for the purposes of section 72(1) of the Employment Rights Act 1996. \n4) A reference to a woman on ordinary maternity leave is a reference to a woman absent from work because she is exercising the right to ordinary maternity leave. \n5) A reference to the right to ordinary maternity leave is a reference to the right conferred by section 71(1) of the Employment Rights Act 1996. \n6) A reference to a woman on additional maternity leave is a reference to a woman absent from work because she is exercising the right to additional maternity leave. \n7) A reference to the right to additional maternity leave is a reference to the right conferred by section 73(1) of the Employment Rights Act 1996. \n8) “Additional maternity leave period” has the meaning given in section 73(2) of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/213",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/213",
    "legislation_id": "ukpga/2010/15",
    "title": "References to maternity leave, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 213,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782295Z",
    "text": "SCHEDULE 13 Education: reasonable adjustments Section 98 *Preliminary*\n\n1) This Schedule applies where a duty to make reasonable adjustments is imposed on A by this Part. *The duty for schools*\n\n2) \n1) This paragraph applies where A is the responsible body of a school to which section 85 applies. \n2) A must comply with the first and third requirements. \n3) For the purposes of this paragraph— \n\ta) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; \n\tb) the reference in section 20(3) or (5) to a disabled person is— \n\t\ti) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; \n\t\tii) in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled pupils generally. \n4) In relation to each requirement, the relevant matters are— \n\ta) deciding who is offered admission as a pupil; \n\tb) provision of education or access to a benefit, facility or service. *The duty for further or higher education institutions*\n\n3) \n1) This paragraph applies where A is the responsible body of an institution to which section 91 applies. \n2) A must comply with the first, second and third requirements. \n3) For the purposes of this paragraph— \n\ta) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; \n\tb) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; \n\tc) the reference in section 20(3), (4) or (5) to a disabled person is— \n\t\ti) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; \n\t\tii) in relation to a relevant matter within sub-paragraph (4)(b) or (c), a reference to disabled students generally; \n\t\tiii) in relation to a relevant matter within sub-paragraph (4)(d) or (e) below, a reference to an interested disabled person. \n4) In relation to each requirement, the relevant matters are— \n\ta) deciding who is offered admission as a student; \n\tb) provision of education; \n\tc) access to a benefit, facility or service; \n\td) deciding on whom a qualification is conferred; \n\te) a qualification that A confers. \n4) \n1) An interested disabled person is a disabled person who, in relation to a relevant matter specified in the first column of the table, is of a description specified in the second column. CaseDescription of disabled personDeciding upon whom to confer a qualification.A person who is, or has notified A that the person may be, an applicant for the conferment of the qualification.A qualification that A confers.An applicant for the conferment by A of the qualification.A person on whom A confers the qualification. \n2) A provision, criterion or practice does not include the application of a competence standard. \n3) A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability. *The duty relating to certain other further or higher education courses*\n\n5) \n1) This paragraph applies where A is the responsible body in relation to a course to which section 92 applies. \n2) A must comply with the first, second and third requirements; but if A is the governing body of a maintained school (within the meaning given by that section), A is not required to comply with the second requirement. \n3) For the purposes of this paragraph— \n\ta) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; \n\tb) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; \n\tc) the reference in section 20(3), (4) or (5) to a disabled person is— \n\t\ti) in relation to a relevant matter within sub-paragraph (4)(a), a reference to disabled persons generally; \n\t\tii) in relation to a relevant matter within sub-paragraph (4)(b), a reference to disabled persons generally who are enrolled on the course. \n4) In relation to each requirement, the relevant matters are— \n\ta) arrangements for enrolling persons on a course of further or higher education secured by A; \n\tb) services provided by A for persons enrolled on the course. *The duty relating to recreational or training facilities*\n\n6) \n1) This paragraph applies where A is the responsible body in relation to facilities to which section 93 applies. \n2) A must comply with the first, second and third requirements. \n3) For the purposes of this paragraph— \n\ta) the reference in section 20(3) to a provision, criterion or practice is a reference to a provision, criterion or practice applied by or on behalf of A; \n\tb) the reference in section 20(4) to a physical feature is a reference to a physical feature of premises occupied by A; \n\tc) the reference in section 20(3), (4) or (5) to a disabled person is a reference to disabled persons generally. \n4) In relation to each requirement, the relevant matter is A's arrangements for providing the recreational or training facilities. *Code of practice*\n\n7) In deciding whether it is reasonable for A to have to take a step for the purpose of complying with the first, second or third requirement, A must have regard to relevant provisions of a code of practice issued under section 14 of the Equality Act 2006. *Confidentiality requests*\n\n8) \n1) This paragraph applies if a person has made a confidentiality request of which A is aware. \n2) In deciding whether it is reasonable for A to have to take a step in relation to that person so as to comply with the first, second or third requirement, A must have regard to the extent to which taking the step is consistent with the request. \n3) In a case within paragraph 2, a  “confidentiality request” is a request— \n\ta) that the nature or existence of a disabled person's disability be treated as confidential, and \n\tb) which satisfies either of the following conditions. \n4) The first condition is that the request is made by the person's parent. \n5) The second condition is that— \n\ta) it is made by the person, and \n\tb) A reasonably believes that the person has sufficient understanding of the nature and effect of the request. \n6) In a case within paragraph 3, a  “confidentiality request” is a request by a disabled person that the nature or existence of the person's disability be treated as confidential. *The duty for general qualifications bodies*\n\n9) \n1) This paragraph applies where A is a qualifications body for the purposes of section 96. \n2) Paragraphs 3 and 4(1), so far as relating to qualifications, apply to a qualifications body as they apply to a responsible body. \n3) This paragraph is subject to section 96(7). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/13",
    "legislation_id": "ukpga/2010/15",
    "title": "Education: reasonable adjustments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781890Z",
    "text": "Section 173) **Interpretation**\n\n1) In this Chapter— \n\t- “accessibility requirements” has the meaning given in section 167(5);\n\t- “assistance dog” means— a dog which has been trained to guide a blind person;a dog which has been trained to assist a deaf person;a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind;\n\t- “operator”, in relation to a private hire vehicle— means a person who holds a licence under—section 55 of the Local Government (Miscellaneous Provisions) Act 1976,section 3 of the Private Hire Vehicles (London) Act 1998, ora provision of a local enactment equivalent to the provision mentioned in sub-paragraph (i) or (ii); andin section 167A, also includes a person who holds a licence under Part I of the Civic Government (Scotland) Act 1982 in relation to the use of premises for the carrying on of a business which consists to any extent of the taking of bookings, by any means of communication, from members of the public for the hire of a private hire car licenced under section 10 of that Act;\n\t- “private hire vehicle”— means a vehicle licensed under—section 48 of the Local Government (Miscellaneous Provisions) Act 1976,section 7 of the Private Hire Vehicles (London) Act 1998, ora provision of a local enactment equivalent to the provision mentioned in sub-paragraph (i) or (ii); andin sections 164A to 167A, also includes a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;\n\t- “taxi”— means a vehicle which is licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869, andin sections 162 and  164A  to 167, also includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982, but does not include a vehicle drawn by a horse or other animal;\n\t- “taxi accessibility regulations” has the meaning given by section 160(1).\n2) A power to make regulations under paragraph (c) or (d) of the definition of  “assistance dog” in subsection (1) is exercisable by the Secretary of State. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/173",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/173",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 173,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781470Z",
    "text": "Section 87) **Application of enforcement powers under education legislation**\n\nA1) Subsections (1) and (2) do not apply in the case of a school in Wales. \n1) Sections 496 and 497 of the Education Act 1996 (powers to give directions where responsible body of school in default of obligations, etc.) and section 70 of the Education (Scotland) Act 1980 apply to the performance of a duty under section 85. \n2) But neither of sections 496 and 497 of the Education Act 1996 applies to the performance of a duty under that section by the proprietor of an independent educational institution (other than a special school) or an alternative provision Academy that is not an independent educational institution ; and section 70 of the Education (Scotland) Act 1980 does not apply to the performance of a duty under that section by the proprietor of an independent school . \n3) In the case of a school in Wales— \n\ta) Chapter 1 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (“the 2013 Act”) (intervention in conduct of maintained schools) applies to the performance of a duty under section 85, but as if— \n\t\ti) the only relevant grounds for intervention were grounds 5 and 6 in section 2 of that Act, and \n\t\tii) sections 3 to 9 and 12 to 16 of that Act did not apply; \n\tb) Chapter 2 of Part 2 of the 2013 Act (intervention in local authorities) applies to the performance of a duty under section 85, but as if— \n\t\ti) the only relevant grounds for intervention were grounds 1 and 2 in section 21 of that Act, and \n\t\tii) sections 24 to 27 of that Act did not apply. \n4) But neither of Chapters 1 and 2 of Part 2 of the 2013 Act applies to the performance of a duty under section 85 by the proprietor of an independent educational institution (other than a special school). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/87",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/87",
    "legislation_id": "ukpga/2010/15",
    "title": "Application of enforcement powers under education legislation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 87,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781433Z",
    "text": "Section 78) **Gender pay gap information**\n\n1) Regulations may require employers to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees. \n2) This section does not apply to— \n\ta) an employer who has fewer than 250 employees; \n\tb) a person specified in Schedule 19; \n\tc) a government department or part of the armed forces not specified in that Schedule. \n3) The regulations may prescribe— \n\ta) descriptions of employer; \n\tb) descriptions of employee; \n\tc) how to calculate the number of employees that an employer has; \n\td) descriptions of information; \n\te) the time at which information is to be published; \n\tf) the form and manner in which it is to be published. \n4) Regulations under subsection (3)(e) may not require an employer, after the first publication of information, to publish information more frequently than at intervals of 12 months. \n5) The regulations may make provision for a failure to comply with the regulations— \n\ta) to be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale; \n\tb) to be enforced, otherwise than as an offence, by such means as are prescribed. \n6) The reference to a failure to comply with the regulations includes a reference to a failure by a person acting on behalf of an employer. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/78",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/78",
    "legislation_id": "ukpga/2010/15",
    "title": "Gender pay gap information",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 78,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781309Z",
    "text": "Section 49) **Personal offices: appointments, etc.**\n\n1) This section applies in relation to personal offices. \n2) A personal office is an office or post— \n\ta) to which a person is appointed to discharge a function personally under the direction of another person, and \n\tb) in respect of which an appointed person is entitled to remuneration. \n3) A person (A) who has the power to make an appointment to a personal office must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer the appointment; \n\tb) as to the terms on which A offers B the appointment; \n\tc) by not offering B the appointment. \n4) A person who has the power to make an appointment to a personal office must not, in relation to the office, harass a person seeking, or being considered for, the appointment. \n5) A person (A) who has the power to make an appointment to a personal office must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer the appointment; \n\tb) as to the terms on which A offers B the appointment; \n\tc) by not offering B the appointment. \n6) A person (A) who is a relevant person in relation to a personal office must not discriminate against a person (B) appointed to the office— \n\ta) as to the terms of B's appointment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by terminating B's appointment; \n\td) by subjecting B to any other detriment. \n7) A relevant person in relation to a personal office must not, in relation to that office, harass a person appointed to it. \n8) A person (A) who is a relevant person in relation to a personal office must not victimise a person (B) appointed to the office— \n\ta) as to the terms of B's appointment; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by terminating B's appointment; \n\td) by subjecting B to any other detriment. \n9) A duty to make reasonable adjustments applies to— \n\ta) a person who has the power to make an appointment to a personal office; \n\tb) a relevant person in relation to a personal office. \n10) For the purposes of subsection (2)(a), a person is to be regarded as discharging functions personally under the direction of another person if that other person is entitled to direct the person as to when and where to discharge the functions. \n11) For the purposes of subsection (2)(b), a person is not to be regarded as entitled to remuneration merely because the person is entitled to payments— \n\ta) in respect of expenses incurred by the person in discharging the functions of the office or post, or \n\tb) by way of compensation for the loss of income or benefits the person would or might have received had the person not been discharging the functions of the office or post. \n12) Subsection (3)(b), so far as relating to sex or pregnancy and maternity, does not apply to a term that relates to pay— \n\ta) unless, were B to accept the offer, an equality clause or rule would have effect in relation to the term, or \n\tb) if paragraph (a) does not apply, except in so far as making an offer on terms including that term amounts to a contravention of subsection (3)(b) by virtue of section 13, 14 or 18. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/49",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/49",
    "legislation_id": "ukpga/2010/15",
    "title": "Personal offices: appointments, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 49,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781582Z",
    "text": "Section 115) **Immigration cases**\n\n1) A claim is within this section if it relates to the act of an immigration authority in taking a relevant decision and— \n\ta) the question whether the act is a contravention of Part 3 has been or could be raised on an appeal which is pending, or could be brought, under the immigration provisions, or \n\tb) it has been decided on an appeal under those provisions that the act is not a contravention of Part 3. \n2) The relevant decision is not— \n\ta) subject to challenge in proceedings on a claim within section 114(1)(a), or \n\tb) affected by the decision of a court in such proceedings. \n3) For the purposes of subsection (1)(a) a power to grant permission to appeal out of time must be ignored. \n4) Each of the following is an immigration authority— \n\ta) the Secretary of State; \n\tb) an immigration officer; \n\tc) a person responsible for the grant or refusal of entry clearance (within the meaning of section 33(1) of the Immigration Act 1971). \n5) The immigration provisions are— \n\ta) the Special Immigration Appeals Commission Act 1997, or \n\tb) Part 5 of the Nationality, Immigration and Asylum Act 2002. \n6) A relevant decision is— \n\ta) a decision under the Immigration Acts relating to the entitlement of a person to enter or remain in the United Kingdom; \n\tb) a decision on an appeal under the immigration provisions relating to a decision within paragraph (a). \n7) An appeal is pending if it is pending for the purposes of section 104 of the Nationality, Immigration and Asylum Act 2002 or (as the case may be) for the purposes of that section as it is applied by section 2(2)(j) of the Special Immigration Appeals Commission Act 1997. \n8) This section applies in relation to reviews under section 2D, 2E or 2F of the Special Immigration Appeals Commission Act 1997 as it applies in relation to appeals under the immigration provisions. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/115",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/115",
    "legislation_id": "ukpga/2010/15",
    "title": "Immigration cases",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 115,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781742Z",
    "text": "Section 150) **Public authorities and public functions**\n\n1) A public authority is a person who is specified in Schedule 19. \n2) In that Schedule— \n\t- Part 1 specifies public authorities generally;\n\t- Part 2 specifies relevant Welsh authorities;\n\t- Part 3 specifies relevant Scottish authorities.\n3) A public authority specified in Schedule 19 is subject to the duty imposed by section 149(1) in relation to the exercise of all of its functions unless subsection (4) applies. \n4) A public authority specified in that Schedule in respect of certain specified functions is subject to that duty only in respect of the exercise of those functions. \n5) A public function is a function that is a function of a public nature for the purposes of the Human Rights Act 1998. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/150",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/150",
    "legislation_id": "ukpga/2010/15",
    "title": "Public authorities and public functions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 150,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781429Z",
    "text": "Section 77) **Discussions about pay**\n\n1) A term of a person's work that purports to prevent or restrict the person (P) from disclosing or seeking to disclose information about the terms of P's work is unenforceable against P in so far as P makes or seeks to make a relevant pay disclosure. \n2) A term of a person's work that purports to prevent or restrict the person (P) from seeking disclosure of information from a colleague about the terms of the colleague's work is unenforceable against P in so far as P seeks a relevant pay disclosure from the colleague; and  “colleague” includes a former colleague in relation to the work in question. \n3) A disclosure is a relevant pay disclosure if made for the purpose of enabling the person who makes it, or the person to whom it is made, to find out whether or to what extent there is, in relation to the work in question, a connection between pay and having (or not having) a particular protected characteristic. \n4) The following are to be treated as protected acts for the purposes of the relevant victimisation provision— \n\ta) seeking a disclosure that would be a relevant pay disclosure; \n\tb) making or seeking to make a relevant pay disclosure; \n\tc) receiving information disclosed in a relevant pay disclosure. \n5) The relevant victimisation provision is, in relation to a description of work specified in the first column of the table, section 27 so far as it applies for the purposes of a provision mentioned in the second column. Description of workProvision by virtue of which section 27 has effectEmployment  Section 39(3) or (4)Appointment to a personal office  Section 49(5) or (8)Appointment to a public office  Section 50(5) or (9) ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/77",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/77",
    "legislation_id": "ukpga/2010/15",
    "title": "Discussions about pay",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 77,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781260Z",
    "text": "Section 38) **Interpretation and exceptions**\n\n1) This section applies for the purposes of this Part. \n2) A reference to premises is a reference to the whole or part of the premises. \n3) A reference to disposing of premises includes, in the case of premises subject to a tenancy, a reference to— \n\ta) assigning the premises, \n\tb) sub-letting them, or \n\tc) parting with possession of them. \n4) A reference to disposing of premises also includes a reference to granting a right to occupy them. \n5) A reference to disposing of an interest in a commonhold unit includes a reference to creating an interest in a commonhold unit. \n6) A reference to a tenancy is to a tenancy created (whether before or after the passing of this Act)— \n\ta) by a lease or sub-lease, \n\tb) by an agreement for a lease or sub-lease, \n\tc) by a tenancy agreement, or \n\td) in pursuance of an enactment, and a reference to a tenant is to be construed accordingly. \n7) A reference to commonhold land, a commonhold association, a commonhold community statement, a commonhold unit or a unit-holder is to be construed in accordance with the Commonhold and Leasehold Reform Act 2002. \n8) Schedule 4 (reasonable adjustments) has effect. \n9) Schedule 5 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/38",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/38",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 38,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782264Z",
    "text": "SCHEDULE 6 Office-holders: excluded offices Section 52 *Work to which other provisions apply*\n\n1) \n1) An office or post is not a personal or public office in so far as one or more of the provisions mentioned in sub-paragraph (2)— \n\ta) applies in relation to the office or post, or \n\tb) would apply in relation to the office or post but for the operation of some other provision of this Act. \n2) Those provisions are— \n\ta) section 39 (employment); \n\tb) section 41 (contract work); \n\tc) section 44 (partnerships). \n\td) section 45 (LLPs); \n\te) section 47 (barristers); \n\tf) section 48 (advocates); \n\tg) section 55 (employment services) so far as applying to the provision of work experience within section 56(2)(a) or arrangements within section 56(2)(c) for such provision. *Political offices*\n\n2) \n1) An office or post is not a personal or public office if it is a political office. \n2) A political office is an office or post set out in the second column of the following Table— Political settingOffice or postHouses of ParliamentAn office of the House of Commons held by a member of that HouseAn office of the House of Lords held by a member of that HouseA Ministerial office within the meaning of section 2 of the House of Commons Disqualification Act 1975The office of the Leader of the Opposition within the meaning of the Ministerial and other Salaries Act 1975The office of the Chief Opposition Whip, or of an Assistant Opposition Whip, within the meaning of that ActScottish ParliamentAn office of the Scottish Parliament held by a member of the ParliamentThe office of a member of the Scottish ExecutiveThe office of a junior Scottish MinisterNational Assembly for WalesAn office of the National Assembly for Wales held by a member of the AssemblyThe office of a member of the Welsh Assembly GovernmentLocal government in England (outside London)An office of a county council, district council or parish council in England held by a member of the councilAn office of the Council of the Isles of Scilly held by a member of the CouncilLocal government in LondonAn office of the Greater London Authority held by the Mayor of London or a member of the London AssemblyAn office of a London borough council held by a member of the councilAn office of the Common Council of the City of London held by a member of the CouncilLocal government in WalesAn office of a county council, county borough council or community council in Wales held by a member of the councilLocal government in ScotlandAn office of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 held by a member of the councilAn office of a council established under section 51 of the Local Government (Scotland) Act 1973 held by a member of the councilPolitical partiesAn office of a registered political party \n3) The reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000. *Honours etc.*\n\n3) A life peerage (within the meaning of the Life Peerages Act 1958), or any other dignity or honour conferred by the Crown, is not a personal or public office. *Bishops*\n\n4) The office of diocesan or suffragan bishop is not a public office. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/6",
    "legislation_id": "ukpga/2010/15",
    "title": "Office-holders: excluded offices",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781727Z",
    "text": "Section 146) **Declaration in respect of void term, etc.**\n\n1) A qualifying person (P) may make a complaint to an employment tribunal that a term is void, or that a rule is unenforceable, as a result of section 145. \n2) But subsection (1) applies only if— \n\ta) the term or rule may in the future have effect in relation to P, and \n\tb) where the complaint alleges that the term or rule provides for treatment of a description prohibited by this Act, P may in the future be subjected to treatment that would (if P were subjected to it in present circumstances) be of that description. \n3) If the tribunal finds that the complaint is well-founded, it must make an order declaring that the term is void or the rule is unenforceable. \n4) An order under this section may include provision in respect of a period before the making of the order. \n5) In the case of a complaint about a term of a collective agreement, where the term is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column. Description of person who made collective agreementQualifying personEmployerA person who is, or is seeking to be, an employee of that employerOrganisation of employersA person who is, or is seeking to be, an employee of an employer who is a member of that organisationAssociation of organisations of employersA person who is, or is seeking to be, an employee of an employer who is a member of an organisation in that association \n6) In the case of a complaint about a rule of an undertaking, where the rule is one made by or on behalf of a person of a description specified in the first column of the table, a qualifying person is a person of a description specified in the second column. Description of person who made rule of undertakingQualifying personEmployerA person who is, or is seeking to be, an employee of that employerTrade organisation or qualifications bodyA person who is, or is seeking to be, a member of the organisation or bodyA person upon whom the body has conferred a relevant qualificationA person seeking conferment by the body of a relevant qualification ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/146",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/146",
    "legislation_id": "ukpga/2010/15",
    "title": "Declaration in respect of void term, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 146,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781449Z",
    "text": "Section 82) **Offshore work**\n\n1) Her Majesty may by Order in Council provide that in the case of persons in offshore work— \n\ta) specified provisions of this Part apply (with or without modification); \n\tb) Northern Ireland legislation making provision for purposes corresponding to any of the purposes of this Part applies (with or without modification). \n2) The Order may— \n\ta) provide for these provisions, as applied by the Order, to apply to individuals (whether or not British citizens) and bodies corporate (whether or not incorporated under the law of a part of the United Kingdom), whether or not such application affects activities outside the United Kingdom; \n\tb) make provision for conferring jurisdiction on a specified court or class of court or on employment tribunals in respect of offences, causes of action or other matters arising in connection with offshore work; \n\tc) exclude from the operation of section 3 of the Territorial Waters Jurisdiction Act 1878 (consents required for prosecutions) proceedings for offences under the provisions mentioned in subsection (1) in connection with offshore work; \n\td) provide that such proceedings must not be brought without such consent as may be required by the Order. \n3) “Offshore work” is work for the purposes of— \n\ta) activities in the territorial sea adjacent to the United Kingdom, \n\tb) activities such as are mentioned in subsection (2) of section 11 of the Petroleum Act 1998 in waters within subsection (8)(b) or (c) of that section, or \n\tc) activities mentioned in paragraphs (a) and (b) of section 87(1) of the Energy Act 2004 in waters to which that section applies. \n4) Work includes employment, contract work, a position as a partner or as a member of an LLP, or an appointment to a personal or public office. \n5) Northern Ireland legislation includes an enactment contained in, or in an instrument under, an Act that forms part of the law of Northern Ireland. \n6) In the application to Northern Ireland of subsection (2)(b), the reference to employment tribunals is to be read as a reference to industrial tribunals. \n7) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/82",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/82",
    "legislation_id": "ukpga/2010/15",
    "title": "Offshore work",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 82,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781594Z",
    "text": "Section 118) **Time limits**\n\n1) Subject to section 140AA proceedings on a claim within section 114 may not be brought after the end of— \n\ta) the period of 6 months starting with the date of the act to which the claim relates, or \n\tb) such other period as the county court or sheriff thinks just and equitable. \n2) If subsection (3)  ... applies, subsection (1)(a) has effect as if for  “6 months” there were substituted “\n                    9 months\n             ” . \n3) This subsection applies if— \n\ta) the claim relates to the act of a qualifying institution, and \n\tb) a complaint relating to the act is referred under the student complaints scheme before the end of the period of 6 months starting with the date of the act. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) If it has been decided under the immigration provisions that the act of an immigration authority in taking a relevant decision is a contravention of Part 3 (services and public functions), subsection (1) has effect as if for paragraph (a) there were substituted— \n\ta) the period of 6 months starting with the day after the expiry of the period during which, as a result of section 114(2), proceedings could not be brought in reliance on section 114(1)(a); . \n6) For the purposes of this section— \n\ta) conduct extending over a period is to be treated as done at the end of the period; \n\tb) failure to do something is to be treated as occurring when the person in question decided on it. \n7) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something— \n\ta) when P does an act inconsistent with doing it, or \n\tb) if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it. \n8) In this section— \n\t- “immigration authority”,  “immigration provisions” and  “relevant decision” each have the meaning given in section 115;\n\t- “qualifying institution” has the meaning given in section 11 of the Higher Education Act 2004 , and includes an institution which is treated as continuing to be a qualifying institution for the purposes of Part 2 of that Act (see section 20A(2) of that Act) ;\n\t- “the student complaints scheme” means a scheme for the review of qualifying complaints (within the meaning of section 12 of that Act) that is provided by the designated operator (within the meaning of section 13(5)(b) of that Act).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/118",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/118",
    "legislation_id": "ukpga/2010/15",
    "title": "Time limits",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 118,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781498Z",
    "text": "Section 94) **Interpretation and exceptions**\n\n1) This section applies for the purposes of this Chapter. \n2) Nothing in this Chapter applies to anything done in connection with the content of the curriculum. \n3) A reference to a student, in relation to an institution, is a reference to a person for whom education is provided by the institution. \n4) A reference to a university includes a reference to a university college and a college, school or hall of a university. \n5) A reference to an institution within the further or higher education sector is to be construed in accordance with section 91 of the Further and Higher Education Act 1992. \n6) “Further education”— \n\ta) in relation to England and Wales, has the meaning given in section 2 of the Education Act 1996; \n\tb) in relation to Scotland, has the meaning given in section 1(3) of the Further and Higher Education (Scotland) Act 1992. \n7) “Higher education”— \n\ta) in relation to England and Wales, means education provided by means of a course of a description mentioned in Schedule 6 to the Education Reform Act 1988; \n\tb) in relation to Scotland, has the meaning given in section 38 of the Further and Higher Education (Scotland) Act 1992. \n8) “College of further education” has the meaning given in section 36 of the Further and Higher Education (Scotland) Act 1992. \n9) “Designated institution” has the meaning given in section 44 of that Act. \n10) “Local authority” means— \n\ta) in relation to England, an English local authority within the meaning of section 162 of the Education and Inspections Act 2006; \n\tb) in relation to Wales, a Welsh local authority within the meaning of that section. \n11) “Education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980. \n11A) A reference to conferring a qualification includes a reference— \n\ta) to renewing or extending the conferment of a qualification; \n\tb) to authenticating a qualification conferred by another person. \n12) Schedule 12 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/94",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/94",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 94,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781973Z",
    "text": "Section 190) **Improvements to let dwelling houses**\n\n1) This section applies in relation to a lease of a dwelling house if each of the following applies— \n\ta) the tenancy is not a protected tenancy, a statutory tenancy or a secure tenancy; \n\taa) the tenancy is not a secure contract in relation to which the landlord is a local authority; \n\tb) the tenant or another person occupying or intending to occupy the premises is a disabled person; \n\tc) the disabled person occupies or intends to occupy the premises as that person's only or main home; \n\td) the tenant is entitled, with the consent of the landlord, to make improvements to the premises; \n\te) the tenant applies to the landlord for consent to make a relevant improvement. \n2) Where the tenant applies in writing for the consent— \n\ta) if the landlord refuses to give consent, the landlord must give the tenant a written statement of the reason why the consent was withheld; \n\tb) if the landlord neither gives nor refuses to give consent within a reasonable time, consent must be taken to have been unreasonably withheld. \n3) If the landlord gives consent subject to a condition which is unreasonable, the consent must be taken to have been unreasonably withheld. \n4) If the landlord's consent is unreasonably withheld, it must be taken to have been given. \n5) On any question as to whether— \n\ta) consent was unreasonably withheld, or \n\tb) a condition imposed was unreasonable, it is for the landlord to show that it was not. \n6) If the tenant fails to comply with a reasonable condition imposed by the landlord on the making of a relevant improvement, the failure is to be treated as a breach by the tenant of an obligation of the tenancy. \n7) An improvement to premises is a relevant improvement if, having regard to the disabled peron's disability, it is likely to facilitate that person's enjoyment of the premises. \n8) Subsections (2) to (7) apply only in so far as provision of a like nature is not made by the lease. \n9) In this section— \n\t- “improvement” means an alteration in or addition to the premises and includes— an addition to or alteration in the landlord's fittings and fixtures;an addition or alteration connected with the provision of services to the premises;the erection of a wireless or television aerial;carrying out external decoration;\n\t- “lease” includes a sub-lease or other tenancy, and  “landlord” and  “tenant” are to be construed accordingly;\n\t- “protected tenancy” has the same meaning as in section 1 of the Rent Act 1977;\n\t- “statutory tenancy” is to be construed in accordance with section 2 of that Act;\n\t- “secure contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (see section 8 of that Act);\n\t- “secure tenancy” has the same meaning as in section 79 of the Housing Act 1985.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/190",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/190",
    "legislation_id": "ukpga/2010/15",
    "title": "Improvements to let dwelling houses",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 190,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782323Z",
    "text": "SCHEDULE 19 Public authorities Section 150 ## Part 1\n## Public authorities: general\n\n*Ministers of the Crown and government departments*\n\n\t- A Minister of the Crown.\n\t- A government department other than the Security Service, the Secret Intelligence Service or the Government Communications Headquarters.*Advocates for victims of major incidents*\n\n\t- An advocate for victims of major incidents appointed under Part 2 of the Victims and Prisoners Act 2024.*Armed forces*\n\n\t- Any of the armed forces other than any part of the armed forces which is, in accordance with a requirement of the Secretary of State, assisting the Government Communications Headquarters.\n\t- Service Police Complaints Commissioner.*Broadcasting*\n\n\t- The British Broadcasting Corporation (“BBC”), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003); and the reference to the BBC includes a reference to a body corporate which— is a wholly owned subsidiary of the \n\n\n\n\n\n\nBBC\n\n\n\n\n\n\n,\n\n\n\n\n\n\nis not operated with a view to generating a profit, and\n\n\n\n\n\n\nundertakes activities primarily in order to promote the \n\n\n\n\n\n\nBBC\n\n\n\n\n\n\n's public purposes.\n\t- The Channel Four Television Corporation, except in respect of— functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003), andthe function of carrying on the activities referred to in section 199 of that Act.\n\t- S4C (as named by section 56(1) of the Broadcasting Act 1990), except in respect of functions relating to the provision of a content service (within the meaning given by section 32(7) of the Communications Act 2003).*Citizens' rights*\n\n\t- The Independent Monitoring Authority for the Citizens' Rights Agreements.*Civil liberties*\n\n\t- The Commission for Equality and Human Rights.\n\t- The Information Commissioner.*Court services and legal services*\n\n\t- The Children and Family Court Advisory and Support Service.\n\t- The Judicial Appointments Commission.\n\t- The Legal Services Board.\n\t- ...*Criminal justice*\n\n\t- Her Majesty's Chief Inspector of Constabulary.\n\t- Her Majesty's Chief Inspector of the Crown Prosecution Service.\n\t- Her Majesty's Chief Inspector of Prisons.\n\t- Her Majesty's Chief Inspector of Probation for England and Wales.\n\t- The Forensic Science Regulator.\n\t- The Parole Board for England and Wales.\n\t- A probation trust established by an order made under section 5(1) of the Offender Management Act 2007.\n\t- The Youth Justice Board for England and Wales.*Environment, housing and development*\n\n\t- The Homes and Communities Agency.\n\t- Natural England.\n\t- The Office for Environmental Protection.\n\t- ...\n\t- ...*Health, social care and social security*\n\n\t- NHS England .\n\t- An integrated care board established under section 14Z25 of the National Health Service Act 2006.\n\t- The Care Quality Commission.\n\t- The Commissioner for Patient Safety.\n\t- ...\n\t- ...\n\t- The Health Research Authority.\n\t- The Health Service Commissioner for England, in respect of— the Commissioner's functions set out in paragraph 11 of Schedule 1 to the Health Service Commissioners Act 1993; andthe Commissioner's public procurement functions (as defined in section 155(3) of this Act).\n\t- The Infected Blood Compensation Authority.\n\t- ...\n\t- An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.\n\t- An NHS trust established under section 25 of the National Health Service Act 2006 .\n\t- ...\n\t- A Special Health Authority established under section 28 of that Act other than NHS Blood and Transplant and the NHS Business Services Authority.\n\t- ...\n\t- ...\n\t- The Health Services Safety Investigations Body.\n\t- The National Data Guardian for Health and Social Care.\n\t- The National Institute for Health and Care Excellence.*Industry, business, finance \netc.*\n\n\t- The Advanced Research and Invention Agency.\n\t- The Advisory, Conciliation and Arbitration Service.\n\t- The Bank of England (including the Bank in its capacity as the Prudential Regulation Authority) , in respect of its public functions.\n\t- The Board of the Pension Protection Fund.\n\t- The Civil Aviation Authority.\n\t- ...\n\t- The Coal Authority.\n\t- ...\n\t- The Comptroller and Auditor General.\n\t- The Construction Industry Training Board.\n\t- The Engineering Construction Industry Training Board.\n\t- The Financial Conduct Authority.\n\t- The Financial Reporting Council Limited.\n\t- The Independent System Operator and Planner designated in accordance with section 162 of the Energy Act 2023 (c. 52) .\n\t- The Money and Pensions Service.\n\t- The National Audit Office.\n\t- The Nuclear Decommissioning Authority.\n\t- The Office for Budget Responsibility.\n\t- The Office of Communications.\n\t- ...\n\t- The Oil and Gas Authority.\n\t- The Payment Systems Regulator established under section 40 of the Financial Services (Banking Reform) Act 2013.\n\t- The Trade Remedies Authority.\n\t- ...\n\t- ...\n\t- United Kingdom Research and Innovation.*Local government*\n\n\t- A county council, district council or parish council in England.\n\t- A parish meeting constituted under section 13 of the Local Government Act 1972.\n\t- Charter trustees constituted under section 246 of that Act for an area in England.\n\t- The Greater London Authority.\n\t- A London borough council.\n\t- The Common Council of the City of London in its capacity as a local authority or port health authority.\n\t- The Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple, in that person's capacity as a local authority.\n\t- ...\n\t- The London Fire Commissioner,\n\t- Transport for London.\n\t- A Mayoral development corporation.\n\t- The Council of the Isles of Scilly.\n\t- The Broads Authority established by section 1 of the Norfolk and Suffolk Broads Act 1988.\n\t- ...\n\t- A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in England.\n\t- A fire and rescue authority created by an order under section 4A of that Act.\n\t- An internal drainage board which is continued in being by virtue of section 1 of the Land Drainage Act 1991 for an area in England.\n\t- A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in England.\n\t- A Passenger Transport Executive for an integrated transport area in England (within the meaning of Part 2 of the Transport Act 1968).\n\t- A port health authority constituted by an order under section 2 of the Public Health (Control of Disease) Act 1984 for an area in England.\n\t- A waste disposal authority established by virtue of an order under section 10(1) of the Local Government Act 1985.\n\t- A joint authority established under Part 4 of that Act for an area in England (including, by virtue of section 77(9) of the Local Transport Act 2008, an Integrated Transport Authority established under Part 5 of that Act of 2008).\n\t- A sub-national transport body established under section 102E of the Local Transport Act 2008.\n\t- A body corporate established pursuant to an order under section 67 of the Local Government Act 1985.\n\t- A joint committee constituted in accordance with section 102(1)(b) of the Local Government Act 1972 for an area in England.\n\t- A joint board which is continued in being by virtue of section 263(1) of that Act for an area in England.\n\t- ...\n\t- A Local Commissioner in England as defined by section 23(3) of the Local Government Act 1974, in respect of— the Commissioner's functions under sections 29(6A) and 34G(6) of that Act, and section 210(5) of the Apprenticeships, Skills, Children and Learning Act 2009; andthe Commissioner's public procurement functions (as defined in section 155(3) of this Act).\n\t- ...\n\t- A combined authority established by an order made under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009.\n\t- A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.\n\t- An economic prosperity board established by an order made under section 88(1) of the Local Democracy, Economic Development and Construction Act 2009.\n\t- An urban development corporation established by an order made under section 135 of the Local Government, Planning and Land Act 1980.*Other educational bodies*\n\n\t- The governing body of an educational establishment maintained by an English local authority (within the meaning of section 162 of the Education and Inspections Act 2006).\n\t- The governing body of an institution in England within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).\n\t- The governing body of an institution in England within the higher education sector (within the meaning of section 91(5) of that Act).\n\t- ...\n\t- A local authority with respect to the pupil referral units it establishes and maintains by virtue of section 19 or 19A of the Education Act 1996.\n\t- The National Citizen Service Trust.\n\t- The Office for Students.\n\t- The proprietor of a City Technology College, a City College for Technology of the Arts, or an Academy.*Parliamentary and devolved bodies*\n\n\t- The National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru).\n\t- The Parliamentary Commissioner for Administration, in respect of— the Commissioner's functions set out in section 3(1) and (1A) of the Parliamentary Commissioner Act 1967; andthe Commissioner's public procurement functions (as defined in section 155(3) of this Act).\n\t- The Scottish Parliamentary Corporate Body.*Police*\n\n\t- The British Transport Police Force.\n\t- A chief constable of a police force maintained under section 2 of the Police Act 1996.\n\t- The Chief Inspector of the UK Border Agency.\n\t- The Civil Nuclear Police Authority.\n\t- The College of Policing.\n\t- The Commissioner of Police for the City of London.\n\t- The Commissioner of Police of the Metropolis.\n\t- The Common Council of the City of London in its capacity as a police authority.\n\t- The Director General of the Independent Office for Police Conduct.\n\t- The Independent Office for Police Conduct.\n\t- ...\n\t- A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.\n\t- The Mayor's Office for Policing and Crime established under section 3 of that Act.\n\t- A Port Police Force established under an order made under section 14 of the Harbours Act 1964.\n\t- The Port Police Force established under Part 10 of the Port of London Act 1968.\n\t- A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847.\n\t- ...*Regulators*\n\n\t- ...\n\t- The Association of Chartered Certified Accountants, in respect of its public functions.\n\t- ...\n\t- The Building Safety Regulator\n\t- The Chartered Institute of Patent Attorneys, in respect of its public functions.\n\t- The Council for Licensed Conveyancers, in respect of its public functions.\n\t- The Disclosure and Barring Service.\n\t- The Gambling Commission.\n\t- The Gangmasters and Labour Abuse Authority.\n\t- The General Chiropractic Council, in respect of its public functions.\n\t- The General Council of the Bar, in respect of its public functions.\n\t- The General Dental Council, in respect of its public functions.\n\t- The General Medical Council, in respect of its public functions.\n\t- The General Optical Council, in respect of its public functions.\n\t- The General Osteopathic Council, in respect of its public functions.\n\t- The General Pharmaceutical Council, in respect of its public functions.\n\t- The Health and Safety Executive.\n\t- The Health and Care Professions Council, in respect of its public functions.\n\t- The Office for Nuclear Regulation.\n\t- The Independent Football Regulator.\n\t- The Independent Monitor appointed under section 119B of the Police Act 1997.\n\t- The Insolvency Practitioners Association, in respect of its public functions.\n\t- The Institute of Chartered Accountants in England and Wales, in respect of its public functions.\n\t- The Institute of Legal Executives, in respect of its public functions.\n\t- The Institute of Trade Mark Attorneys, in respect of its public functions.\n\t- The Law Society of England and Wales, in respect of its public functions.\n\t- The Nursing and Midwifery Council, in respect of its public functions.\n\t- The Office of the Immigration Services Commissioner.\n\t- The Pensions Regulator.\n\t- The Regulator of Social Housing.\n\t- The Security Industry Authority.\n\t- Social Work England.*Transport*\n\n\t- High Speed Two (HS2) Limited.\n\t- A public sector company providing services for the carriage of passengers by railway under a public service contract awarded under section 30 of the Railways Act 1993 (public sector provision of services).\n\t- A strategic highways company appointed under section 1 of the Infrastructure Act 2015\n\t- Network Rail Limited.## Part 2\n## Public authorities: relevant Welsh authorities\n\n*Welsh Assembly Government, etc.*\n\n\t- The Welsh Ministers.\n\t- The First Minister for Wales.\n\t- The Counsel General to the Welsh Assembly Government.\n\t- A subsidiary of the Welsh Ministers (within the meaning given by section 134(4) of the Government of Wales Act 2006).*National Health Service*\n\n\t- A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.\n\t- An NHS trust established under section 18 of that Act.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .*Local government*\n\n\t- A corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021.\n\t- A county council or county borough council in Wales.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004, or a scheme to which section 4 of that Act applies, for an area in Wales.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- A National Park authority established by an order under section 63 of the Environment Act 1995 for an area in Wales.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .*Other educational bodies*\n\n\t- The Commission for Tertiary Education and Research or Y Comisiwn Addysg Drydyddol ac Ymchwil.\n\t- The governing body of an educational establishment maintained by a Welsh local authority (within the meaning of section 162 of the Education and Inspections Act 2006).\n\t- The governing body of an institution in Wales within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992).\n\t- The governing body of an institution in Wales within the higher education sector (within the meaning of section 91(5) of that Act).\n\t- ...\n\t- The General Teaching Council for Wales or Cyngor Addysgu Cyffredinol Cymru.\n\t- Her Majesty's Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.\n\t- Qualifications Wales.*Other public authorities*\n\n\t- The Welsh Revenue Authority or Awdurdod Cyllid Cymru.\n\t- The Auditor General for Wales or Archwilydd Cyffredinol Cymru.\n\t- The Citizen Voice Body for Health and Social Care, Wales or Corff Llais y Dinesydd ar gyfer Iechyd a Gofal Cymdeithasol, Cymru.\n\t- The Public Services Ombudsman for Wales or Ombwdsmon Gwasanaethau Cyhoeddus Cymru.\n\t- Social Care Wales or Gofal Cymdeithasol Cymru.\n\t- The Arts Council for Wales or Cyngor Celfyddydau Cymru.\n\t- The National Museum of Wales or Amgueddfa Genedlaethol Cymru.\n\t- The National Library of Wales or Llyfrgell Genedlaethol Cymru.\n\t- The Sports Council for Wales or Cyngor Chwaraeon Cymru.\n\t- Comisiynydd y Gymraeg (The Welsh Language Commissioner).\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- The Commissioner for Older People in Wales or Comisiynydd Pobl Hŷn Cymru.\n\t- The Children's Commissioner for Wales or Comisiynydd Plant Cymru.\n\t- The Wales Audit Office or Swyddfa Archwilio Cymru.## Part 3\n## Public authorities: relevant Scottish authorities\n\n*Scottish Administration*\n\n\t- An office-holder in the Scottish Administration (within the meaning given by section 126(7)(a) of the Scotland Act 1998).*National Health Service*\n\n\t- A Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978.\n\t- A Special Health Board constituted under that section.*Local government*\n\n\t- A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.\n\t- A community council established under section 51 of the Local Government (Scotland) Act 1973.\n\t- A joint board within the meaning of section 235(1) of that Act.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- A licensing board established under section 5 of the Licensing (Scotland) Act 2005, or continued in being by virtue of that section.\n\t- A National Park authority established by a designation order made under section 6 of the National Parks (Scotland) Act 2000.\n\t- Scottish Enterprise and Highlands and Islands Enterprise, established under the Enterprise and New Towns (Scotland) Act 1990.*Other educational bodies*\n\n\t- An education authority in Scotland (within the meaning of section 135(1) of the Education (Scotland) Act 1980).\n\t- The managers of a grant-aided school (within the meaning of that section).\n\t- The board of management of a college of further education (within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992).\n\t- In the case of such a college of further education not under the management of a board of management, the board of governors of the college or any person responsible for the management of the college, whether or not formally constituted as a governing body or board of governors.\n\t- The governing body of an institution within the higher education sector (within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992).*Police and Fire*\n\n\t- The Scottish Police Authority.\n\t- The chief constable of the Police Service of Scotland.\n\t- The Scottish Fire and Rescue Service.\n\t- The Chief Officer of the Scottish Fire and Rescue Service.*Other bodies and offices added on 6th April 2011*\n\n\t- Accounts Commission for Scotland.\n\t- Audit Scotland.\n\t- Board of Trustees of the National Galleries of Scotland.\n\t- Board of Trustees of the National Museums of Scotland.\n\t- Board of Trustees of the Royal Botanic Garden, Edinburgh.\n\t- Bòrd na Gàidhlig.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- Commissioner for Children and Young People in Scotland.\n\t- Commission for Ethical Standards in Public Life in Scotland.\n\t- The Common Services Agency for the Scottish Health Service.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- Creative Scotland.\n\t- The Crofters Commission.\n\t- The General Teaching Council for Scotland.\n\t- Healthcare Improvement Scotland\n\t- Learning and Teaching Scotland.\n\t- The Mental Welfare Commission for Scotland.\n\t- The Police Complaints Commissioner for Scotland.\n\t- Quality Meat Scotland.\n\t- A regional Transport Partnership created by an order under section 1(1) of the Transport (Scotland) Act 2005.\n\t- Risk Management Authority.\n\t- Royal Commission on the Ancient and Historical Monuments of Scotland.\n\t- Scottish Children's Reporter Administration.\n\t- Scottish Commission for Human Rights.\n\t- The Scottish Criminal Cases Review Commission.\n\t- Scottish Environment Protection Agency.\n\t- Scottish Further and Higher Education Funding Council.\n\t- Scottish Futures Trust Ltd.\n\t- Scottish Information Commissioner.\n\t- The Scottish Legal Aid Board.\n\t- The Scottish Legal Complaints Commission.\n\t- Scottish Natural Heritage.\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- Scottish Public Services Ombudsman.\n\t- Scottish Qualifications Authority.\n\t- The Scottish Road Works Commissioner.\n\t- The Scottish Social Services Council.\n\t- The Scottish Sports Council.\n\t- Scottish Water.\n\t- Skills Development Scotland.\n\t- Social Care and Social Work Improvement Scotland.\n\t- The Standards Commission for Scotland.\n\t- The National Library of Scotland .\n\t- VisitScotland.\n\t- A Water Customer Consultation Panel.\n\t- The Water Industry Commission for Scotland.*Other bodies and offices added on 5th March 2012*\n\n\t- Children's Hearings Scotland.\n\t- The National Convener of Children's Hearings Scotland.*Other bodies added on 1st April 2015*\n\n\t- Historic Environment Scotland.\n\t- An integration joint board established by order under section 9(2) of the Public Bodies (Joint Working) (Scotland) Act 2014.\n\t- A regional board (within the meaning of section 35(1) of the Further and Higher Education (Scotland) Act 2005).*Other body added on 28th June 2018*\n\n\t- ILF Scotland.*Other body added on 26th November 2020*\n\n\t- The Scottish National Investment Bank p.l.c.*Other office added on 1st December 2020*\n\n\t- Scottish Biometrics Commissioner.*Other body added on 23rd December 2021*\n\n\t- South of Scotland Enterprise.*Other bodies and offices added on 1st July 2024*\n\n\t- Community Justice Scotland\n\t- Patient Safety Commissioner for Scotland*Other body added on 1st December 2025*\n\n\t- Zero Waste Scotland Limited .## PART 4\n## PUBLIC AUTHORITIES: CROSS-BORDER AUTHORITIES\n\n*Cross-border Welsh authorities*\n\n\t- The Environment Agency – D\n\t- The Natural Resources Body for Wales – A\n\t- NHS Blood and Transplant – D\n\t- The NHS Business Services Authority – D\n\t- The Student Loans Company Limited – D",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/19",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/19",
    "legislation_id": "ukpga/2010/15",
    "title": "Public authorities",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781416Z",
    "text": "Section 74) **Maternity equality clause: pay**\n\n1) A term of the woman's work that provides for maternity-related pay to be calculated by reference to her pay at a particular time is, if each of the following three conditions is satisfied, modified as mentioned in subsection (5). \n2) The first condition is that, after the time referred to in subsection (1) but before the end of the protected period— \n\ta) her pay increases, or \n\tb) it would have increased had she not been on maternity leave. \n3) The second condition is that the maternity-related pay is not— \n\ta) what her pay would have been had she not been on maternity leave, or \n\tb) the difference between the amount of statutory maternity pay to which she is entitled and what her pay would have been had she not been on maternity leave. \n4) The third condition is that the terms of her work do not provide for the maternity-related pay to be subject to— \n\ta) an increase as mentioned in subsection (2)(a), or \n\tb) an increase that would have occurred as mentioned in subsection (2)(b). \n5) The modification referred to in subsection (1) is a modification to provide for the maternity-related pay to be subject to— \n\ta) any increase as mentioned in subsection (2)(a), or \n\tb) any increase that would have occurred as mentioned in subsection (2)(b). \n6) A term of her work that— \n\ta) provides for pay within subsection (7), but \n\tb) does not provide for her to be given the pay in circumstances in which she would have been given it had she not been on maternity leave, is modified so as to provide for her to be given it in circumstances in which it would normally be given. \n7) Pay is within this subsection if it is— \n\ta) pay (including pay by way of bonus) in respect of times before the woman is on maternity leave, \n\tb) pay by way of bonus in respect of times when she is on compulsory maternity leave, or \n\tc) pay by way of bonus in respect of times after the end of the protected period. \n8) A term of the woman's work that— \n\ta) provides for pay after the end of the protected period, but \n\tb) does not provide for it to be subject to an increase to which it would have been subject had she not been on maternity leave, is modified so as to provide for it to be subject to the increase. \n9) Maternity-related pay is pay (other than statutory maternity pay) to which a woman is entitled— \n\ta) as a result of being pregnant, or \n\tb) in respect of times when she is on maternity leave. \n10) A reference to the protected period is to be construed in accordance with section 18. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/74",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/74",
    "legislation_id": "ukpga/2010/15",
    "title": "Maternity equality clause: pay",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 74,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781875Z",
    "text": "Section 170) **Assistance dogs in private hire vehicles**\n\n1) The operator of a private hire vehicle commits an offence by failing or refusing to accept a booking for the vehicle— \n\ta) if the booking is requested by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and \n\tb) the reason for the failure or refusal is— \n\t\ti) that the disabled person will be accompanied by an assistance dog, or \n\t\tii) to prevent the driver of the private hire vehicle being made subject to a duty which would otherwise be imposed on the driver by this section. \n2) The operator or driver of a private hire vehicle commits an offence by making , or proposing to make, an additional charge for carrying an assistance dog which is accompanying a disabled person. \n3) The driver of a private hire vehicle commits an offence by failing or refusing to carry out a booking accepted by the operator— \n\ta) if the booking is made by or on behalf of a disabled person or a person who wishes to be accompanied by a disabled person, and \n\tb) the reason for the failure or refusal is that the disabled person is accompanied by an assistance dog. \n4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n5) In this section— \n\t- “driver” means a person who holds a licence under— section 13 of the Private Hire Vehicles (London) Act 1998 ...,section 51 of the Local Government (Miscellaneous Provisions) Act 1976 ..., oran equivalent provision of a local enactment;\n\t- “licensing authority”, in relation to any area in England and Wales, means the authority responsible for licensing private hire vehicles in that area;\n\t- ...\n\t- ...",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/170",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/170",
    "legislation_id": "ukpga/2010/15",
    "title": "Assistance dogs in private hire vehicles",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 170,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781615Z",
    "text": "Section 123) **Time limits**\n\n1) Subject to section 140B proceedings on a complaint within section 120 may not be brought after the end of— \n\ta) the period of 3 months starting with the date of the act to which the complaint relates, or \n\tb) such other period as the employment tribunal thinks just and equitable. \n2) Proceedings may not be brought in reliance on section 121(1) after the end of— \n\ta) the period of 6 months starting with the date of the act to which the proceedings relate, or \n\tb) such other period as the employment tribunal thinks just and equitable. \n3) For the purposes of this section— \n\ta) conduct extending over a period is to be treated as done at the end of the period; \n\tb) failure to do something is to be treated as occurring when the person in question decided on it. \n4) In the absence of evidence to the contrary, a person (P) is to be taken to decide on failure to do something— \n\ta) when P does an act inconsistent with doing it, or \n\tb) if P does no inconsistent act, on the expiry of the period in which P might reasonably have been expected to do it. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/123",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/123",
    "legislation_id": "ukpga/2010/15",
    "title": "Time limits",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 123,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781550Z",
    "text": "Section 107) **Interpretation and exceptions**\n\n1) This section applies for the purposes of this Part. \n2) An  “association” is an association of persons— \n\ta) which has at least 25 members, and \n\tb) admission to membership of which is regulated by the association's rules and involves a process of selection. \n3) A Minister of the Crown may by order amend subsection (2)(a) so as to substitute a different number for that for the time being specified there. \n4) It does not matter— \n\ta) whether an association is incorporated; \n\tb) whether its activities are carried on for profit. \n5) Membership is membership of any description; and a reference to a member is to be construed accordingly. \n6) A person is an  “associate”, in relation to an association, if the person— \n\ta) is not a member of the association, but \n\tb) in accordance with the association's rules, has some or all of the rights as a member as a result of being a member of another association. \n7) A reference to a registered political party is a reference to a party registered in the Great Britain register under Part 2 of the Political Parties, Elections and Referendums Act 2000. \n8) Schedule 15 (reasonable adjustments) has effect. \n9) Schedule 16 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/107",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/107",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 107,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781941Z",
    "text": "Section 182) **Rail vehicle accessibility regulations**\n\n1) The Secretary of State may make regulations (in this Chapter referred to as  “rail vehicle accessibility regulations”) for securing that it is possible for disabled persons— \n\ta) to get on to and off regulated rail vehicles in safety and without unreasonable difficulty; \n\tb) to do so while in wheelchairs; \n\tc) to travel in such vehicles in safety and reasonable comfort; \n\td) to do so while in wheelchairs. \n2) The regulations may, in particular, make provision as to the construction, use and maintenance of regulated rail vehicles including provision as to— \n\ta) the fitting of equipment to vehicles; \n\tb) equipment to be carried by vehicles; \n\tc) the design of equipment to be fitted to, or carried by, vehicles; \n\td) the use of equipment fitted to, or carried by, vehicles; \n\te) the toilet facilities to be provided in vehicles; \n\tf) the location and floor area of the wheelchair accommodation to be provided in vehicles; \n\tg) assistance to be given to disabled persons. \n3) The regulations may contain different provision— \n\ta) as respects different classes or descriptions of rail vehicle; \n\tb) as respects the same class or description of rail vehicle in different circumstances; \n\tc) as respects different networks. \n4) In this section— \n\t- “network” means any permanent way or other means of guiding or supporting rail vehicles, or any section of it;\n\t- “rail vehicle” means a vehicle constructed or adapted to carry passengers on a railway, tramway or prescribed system other than a vehicle used in the provision of a service for the carriage of passengers on the trans-European rail system located in Great Britain ;\n\t- “regulated rail vehicle” means a rail vehicle to which provisions of rail vehicle accessibility regulations are expressed to apply.\n5) In subsection (4)— \n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “prescribed system” means a system using a mode of guided transport (“guided transport” having the same meaning as in the Transport and Works Act 1992) that is specified in rail vehicle accessibility regulations;\n\t- “railway” and  “tramway” have the same meaning as in the Transport and Works Act 1992.\n\t- “trans-European rail system” has the meaning given in regulation 2(1) of the Railways (Interoperability) Regulations 2011\n6) The Secretary of State must exercise the power to make rail vehicle accessibility regulations so as to secure that on and after 1 January 2020 every rail vehicle is a regulated rail vehicle. \n7) Subsection (6) does not affect subsection (3), section 183(1) or section 207(4)(a). \n8) Before making regulations under subsection (1) or section 183, the Secretary of State must consult— \n\ta) the Disabled Persons Transport Advisory Committee, and \n\tb) such other representative organisations as the Secretary of State thinks fit. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/182",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/182",
    "legislation_id": "ukpga/2010/15",
    "title": "Rail vehicle accessibility regulations",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 182,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781619Z",
    "text": "Section 124) **Remedies: general**\n\n1) This section applies if an employment tribunal finds that there has been a contravention of a provision referred to in section 120(1). \n2) The tribunal may— \n\ta) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate; \n\tb) order the respondent to pay compensation to the complainant; \n\tc) make an appropriate recommendation. \n3) An appropriate recommendation is a recommendation that within a specified period the respondent takes specified steps for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the proceedings relate— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Subsection (5) applies if the tribunal— \n\ta) finds that a contravention is established by virtue of section 19 or 19A , but \n\tb) is satisfied that the provision, criterion or practice was not applied with the intention of discriminating against the complainant. \n5) It must not make an order under subsection (2)(b) unless it first considers whether to act under subsection (2)(a) or (c). \n6) The amount of compensation which may be awarded under subsection (2)(b) corresponds to the amount which could be awarded by the county court or the sheriff under section 119. \n7) If a respondent fails, without reasonable excuse, to comply with an appropriate recommendation  ..., the tribunal may— \n\ta) if an order was made under subsection (2)(b), increase the amount of compensation to be paid; \n\tb) if no such order was made, make one. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/124",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/124",
    "legislation_id": "ukpga/2010/15",
    "title": "Remedies: general",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 124,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781770Z",
    "text": "Section 155) **Power to impose specific duties: supplementary**\n\n1) Regulations under section 153 or 154 may require a public authority to consider such matters as may be specified from time to time by— \n\ta) a Minister of the Crown, where the regulations are made by a Minister of the Crown; \n\tb) the Welsh Ministers, where the regulations are made by the Welsh Ministers; \n\tc) the Scottish Ministers, where the regulations are made by the Scottish Ministers. \n2) Regulations under section 153 or 154 may impose duties on a public authority that is a contracting authority within the meaning of the public procurement legislation in connection with its public procurement functions. \n3) In this section— \n\t- “concession contract” has the same meaning as in the Procurement Act 2023 (see section 8 of that Act);\n\t- “covered procurement” has the same meaning as in the Procurement Act 2023 (see section 1 of that Act);\n\t- “defence and security contract” has the same meaning as in the Procurement Act 2023 (see section 7 of that Act);\n\t- “devolved Scottish authority” has the same meaning as in the Procurement Act 2023 (see section 2 of that Act);\n\t- “public procurement functions” means— functions related to covered procurement, other than the procurement of a utilities contract, defence and security contract or concession contract, the exercise of which is regulated by the Procurement Act 2023, as amended from time to time, orfunctions the exercise of which is regulated by the Public Contracts (Scotland) Regulations 2015 (S.S.I. 2015/446), as amended from time to time;\n\t- “public procurement legislation” means the Procurement Act 2023 or, in respect of a public authority that is a devolved Scottish authority, the Public Contracts (Scotland) Regulations 2015, as amended from time to time;\n\t- “utilities contract” has the same meaning as in the Procurement Act 2023 (see section 6 of that Act).\n4) Subsections (1) and (2) do not affect the generality of section 153 or 154(2)(a). \n5) A duty imposed on a public authority under section 153 or 154 may be modified or removed by regulations made by— \n\ta) a Minister of the Crown, where the original duty was imposed by regulations made by a Minister of the Crown; \n\tb) the Welsh Ministers, where the original duty was imposed by regulations made by the Welsh Ministers; \n\tc) the Scottish Ministers, where the original duty was imposed by regulations made by the Scottish Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/155",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/155",
    "legislation_id": "ukpga/2010/15",
    "title": "Power to impose specific duties: supplementary",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 155,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781084Z",
    "text": "Section 4) **The protected characteristics**\nThe following characteristics are protected characteristics— \n\t- age;\n\t- disability;\n\t- gender reassignment;\n\t- marriage and civil partnership;\n\t- pregnancy and maternity;\n\t- race;\n\t- religion or belief;\n\t- sex;\n\t- sexual orientation.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/4",
    "legislation_id": "ukpga/2010/15",
    "title": "The protected characteristics",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781441Z",
    "text": "Section 80) **Interpretation and exceptions**\n\n1) This section applies for the purposes of this Chapter. \n2) The terms of a person's work are— \n\ta) if the person is employed, the terms of the person's employment that are in the person's contract of employment, contract of apprenticeship or contract to do work personally; \n\tb) if the person holds a personal or public office, the terms of the person's appointment to the office. \n3) If work is not done at an establishment, it is to be treated as done at the establishment with which it has the closest connection. \n4) A person (P) is the responsible person in relation to another person if— \n\ta) P is the other's employer; \n\tb) P is responsible for paying remuneration in respect of a personal or public office that the other holds. \n5) A job evaluation study is a study undertaken with a view to evaluating, in terms of the demands made on a person by reference to factors such as effort, skill and decision-making, the jobs to be done— \n\ta) by some or all of the workers in an undertaking or group of undertakings, or \n\tb) in the case of the armed forces, by some or all of the members of the armed forces. \n6) In the case of Crown employment, the reference in subsection (5)(a) to an undertaking is to be construed in accordance with section 191(4) of the Employment Rights Act 1996. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) Schedule 7 (exceptions) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/80",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/80",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 80,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781902Z",
    "text": "Section 176) **Accessibility certificates**\n\n1) A regulated public service vehicle must not be used on a road unless— \n\ta) a vehicle examiner has issued a certificate (an  “accessibility certificate”) that such provisions of PSV accessibility regulations as are prescribed are satisfied in respect of the vehicle, or \n\tb) an approval certificate has been issued under section 177 in respect of the vehicle. \n2) Regulations may make provision— \n\ta) with respect to applications for, and the issue of, accessibility certificates; \n\tb) providing for the examination of vehicles in respect of which applications have been made; \n\tc) with respect to the issue of copies of accessibility certificates which have been lost or destroyed. \n3) The operator of a regulated public service vehicle commits an offence if the vehicle is used in contravention of this section. \n4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. \n5) A power to make regulations under this section is exercisable by the Secretary of State. \n6) In this section  “operator” has the same meaning as in the Public Passenger Vehicles Act 1981. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/176",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/176",
    "legislation_id": "ukpga/2010/15",
    "title": "Accessibility certificates",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 176,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781445Z",
    "text": "Section 81) **Ships and hovercraft**\n\n1) This Part applies in relation to— \n\ta) work on ships, \n\tb) work on hovercraft, and \n\tc) seafarers, only in such circumstances as are prescribed. \n2) For the purposes of this section, it does not matter whether employment arises or work is carried out within or outside the United Kingdom. \n3) “Ship” has the same meaning as in the Merchant Shipping Act 1995. \n4) “Hovercraft” has the same meaning as in the Hovercraft Act 1968. \n5) “Seafarer” means a person employed or engaged in any capacity on board a ship or hovercraft. \n6) Nothing in this section affects the application of any other provision of this Act to conduct outside England and Wales or Scotland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/81",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/81",
    "legislation_id": "ukpga/2010/15",
    "title": "Ships and hovercraft",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 81,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781321Z",
    "text": "Section 52) **Interpretation and exceptions**\n\n1) This section applies for the purposes of sections 49 to 51. \n2) “Personal office” has the meaning given in section 49. \n3) “Public office” has the meaning given in section 50. \n4) An office or post which is both a personal office and a public office is to be treated as being a public office only. \n5) Appointment to an office or post does not include election to it. \n6) “Relevant person”, in relation to an office, means the person who, in relation to a matter specified in the first column of the table, is specified in the second column (but a reference to a relevant person does not in any case include the House of Commons, the House of Lords, the National Assembly for Wales or the Scottish Parliament). MatterRelevant personA term of appointmentThe person who has the power to set the term.Access to an opportunityThe person who has the power to afford access to the opportunity (or, if there is no such person, the person who has the power to make the appointment).Terminating an appointmentThe person who has the power to terminate the appointment.Subjecting an appointee to any other detrimentThe person who has the power in relation to the matter to which the conduct in question relates (or, if there is no such person, the person who has the power to make the appointment).Harassing an appointeeThe person who has the power in relation to the matter to which the conduct in question relates. \n7) A reference to terminating a person's appointment includes a reference to termination of the appointment— \n\ta) by the expiry of a period (including a period expiring by reference to an event or circumstance); \n\tb) by an act of the person (including giving notice) in circumstances such that the person is entitled, because of the relevant person's conduct, to terminate the appointment without notice. \n8) Subsection (7)(a) does not apply if, immediately after the termination, the appointment is renewed on the same terms. \n9) Schedule 6 (excluded offices) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/52",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/52",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation and exceptions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 52,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781643Z",
    "text": "Section 129) **Time limits**\n\n1) This section applies to— \n\ta) a complaint relating to a breach of an equality clause or rule; \n\tb) an application for a declaration referred to in section 127(3) or (4). \n2) Proceedings on the complaint or application may not be brought in an employment tribunal after the end of the qualifying period. \n3) If the complaint or application relates to terms of work other than terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column , subject to section 140B . CaseQualifying periodA standard caseThe period of 6 months beginning with the last day of the employment or appointment.A stable work case (but not if it is also a concealment or incapacity case (or both))The period of 6 months beginning with the day on which the stable working relationship ended.A concealment case (but not if it is also an incapacity case)The period of 6 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.An incapacity case (but not if it is also a concealment case)The period of 6 months beginning with the day on which the worker ceased to have the incapacity.A case which is a concealment case and an incapacity case.The period of 6 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case. \n4) If the complaint or application relates to terms of service in the armed forces, the qualifying period is, in a case mentioned in the first column of the table, the period mentioned in the second column , subject to section 140B . CaseQualifying periodA standard caseThe period of 9 months beginning with the last day of the period of service during which the complaint arose.A concealment case (but not if it is also an incapacity case)The period of 9 months beginning with the day on which the worker discovered (or could with reasonable diligence have discovered) the qualifying fact.An incapacity case (but not if it is also a concealment case)The period of 9 months beginning with the day on which the worker ceased to have the incapacity.A case which is a concealment case and an incapacity case.The period of 9 months beginning with the later of the days on which the period would begin if the case were merely a concealment or incapacity case. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/129",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/129",
    "legislation_id": "ukpga/2010/15",
    "title": "Time limits",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 129,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781898Z",
    "text": "Section 175) **Offence of contravening PSV accessibility regulations**\n\n1) A person commits an offence by— \n\ta) contravening a provision of PSV accessibility regulations; \n\tb) using on a road a regulated public service vehicle which does not conform with a provision of the regulations with which it is required to conform; \n\tc) causing or permitting such a regulated public service vehicle to be used on a road. \n2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. \n3) If an offence under this section committed by a body corporate is committed with the consent or connivance of, or is attributable to neglect on the part of, a responsible person, the responsible person as well as the body corporate is guilty of the offence. \n4) In subsection (3) a responsible person, in relation to a body corporate, is— \n\ta) a director, manager, secretary or similar officer; \n\tb) a person purporting to act in the capacity of a person mentioned in paragraph (a); \n\tc) in the case of a body corporate whose affairs are managed by its members, a member. \n5) If, in Scotland, an offence committed by a partnership or an unincorporated association is committed with the consent or connivance of, or is attributable to neglect on the part of, a partner or person concerned in the management of the association, the partner or person as well as the partnership or association is guilty of the offence. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/175",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/175",
    "legislation_id": "ukpga/2010/15",
    "title": "Offence of contravening PSV accessibility regulations",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 175,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781663Z",
    "text": "Section 134) **Remedies in claims for arrears brought by pensioner members**\n\n1) This section applies to proceedings before a court or employment tribunal on a complaint by a pensioner member of an occupational pension scheme relating to a breach of an equality clause or rule with respect to a term on which the member is treated. \n2) If the court or tribunal finds that there has been a breach referred to in subsection (1), it may— \n\ta) make a declaration as to the rights of the complainant and the respondent in relation to the matters to which the proceedings relate; \n\tb) order an award by way of arrears of benefits or damages or of any other amount in relation to the complainant. \n3) The court or tribunal must not order an award under subsection (2)(b) in respect of a time before the arrears day. \n4) If the court or tribunal orders an award under subsection (2)(b), the employer must provide such resources to the scheme as are necessary to secure for the complainant (without contribution or further contribution by the complainant or other members) the amount of the award. \n5) In relation to proceedings in England and Wales, the arrears day is, in a case mentioned in the first column of the table, the day mentioned in the second column. CaseArrears dayA standard caseThe day falling 6 years before the day on which the proceedings were commenced.A concealment case or an incapacity case (or a case which is both).The day on which the breach first occurred. \n6) In relation to proceedings in Scotland, the arrears day is the first day of— \n\ta) the period of 5 years ending with the day on which the proceedings were commenced, or \n\tb) if the case involves a relevant incapacity, or a relevant fraud or error, the period determined in accordance with section 135(6) and (7) . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/134",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/134",
    "legislation_id": "ukpga/2010/15",
    "title": "Remedies in claims for arrears brought by pensioner members",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 134,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781723Z",
    "text": "Section 145) **Void and unenforceable terms**\n\n1) A term of a collective agreement is void in so far as it constitutes, promotes or provides for treatment of a description prohibited by this Act. \n2) A rule of an undertaking is unenforceable against a person in so far as it constitutes, promotes or provides for treatment of the person that is of a description prohibited by this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/145",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/145",
    "legislation_id": "ukpga/2010/15",
    "title": "Void and unenforceable terms",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 145,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781285Z",
    "text": "Section 43) **Interpretation**\n\n1) This section applies for the purposes of section 42. \n2) “Chief officer” means— \n\ta) in relation to an appointment under a relevant Act, the chief officer of police for the police force to which the appointment relates; \n\tb) in relation to any other appointment, the person under whose direction and control the body of constables or other persons to which the appointment relates is; \n\tc) in relation to a constable or other person under the direction and control of a chief officer of police, that chief officer of police; \n\td) in relation to any other constable or any other person, the person under whose direction and control the constable or other person is. \n3) “Responsible authority” means— \n\ta) in relation to an appointment under a relevant Act, the local policing body or police authority that maintains the police force to which the appointment relates; \n\tb) in relation to any other appointment, the person by whom a person would (if appointed) be paid; \n\tc) in relation to a constable or other person under the direction and control of a chief officer of police, the local policing body or police authority that maintains the police force for which that chief officer is the chief officer of police; \n\td) in relation to any other constable or any other person, the person by whom the constable or other person is paid. \n4) “Police cadet” means a person appointed to undergo training with a view to becoming a constable. \n5) “NCA” means the National Crime Agency; and a reference to a constable at NCA is a reference to a constable seconded to it to serve as an NCA officer. \n5A) “SPA” means the Scottish Police Authority; and a reference to a constable at SPA is a reference to a constable serving as a member of its staff by virtue of paragraph 7(1) of schedule 1 to the Police and Fire Reform (Scotland) Act 2012. \n7)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) For the purposes of this section, the relevant Acts are— \n\ta) the Metropolitan Police Act 1829; \n\tb) the City of London Police Act 1839; \n\tc) the Police and Fire Reform (Scotland) Act 2012 ; \n\td) the Police Reform and Social Responsibility Act 2011. \n9) Subsections (2) and (3) apply in relation to Scotland as follows— \n\ta) a reference to a police authority includes a reference to the Scottish Police Authority; \n\tb) a reference to a police force includes a reference to the Police Service of Scotland; and \n\tc) a reference to a chief officer of police includes a reference to the chief constable of the Police Service of Scotland. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/43",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/43",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 43,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781819Z",
    "text": "Section 164A) **Disabled passengers: duties of drivers**\n\n1) This section imposes duties on the driver of a taxi or private hire vehicle which has been hired— \n\ta) by or for a disabled person, or \n\tb) by another person who wishes to be accompanied by a disabled person. \n2) This section also imposes duties on the driver of a taxi or private hire vehicle if— \n\ta) the vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and \n\tb) a person within subsection (1)(a) or (b) has indicated to the driver that the person wishes to travel on the service. \n3) But this section does not impose duties on a driver in a case in which— \n\ta) the taxi or private hire vehicle is designated, and \n\tb) the disabled person is in a wheelchair. For provision that applies in such a case, see section 165. \n4) For the purposes of this section— \n\ta) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167; \n\tb) “the passenger” means the disabled person concerned. \n5) The duties are— \n\ta) to carry the passenger; \n\tb) if the passenger is in or has with them a wheelchair, to carry the wheelchair; \n\tc) if the passenger has with them any mobility aids, to carry the mobility aids; \n\td) to take such steps as are reasonable to ensure that the passenger is carried in safety and reasonable comfort; \n\te) to give the passenger such mobility assistance as is reasonably required; \n\tf) not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e). \n6) For the purposes of this section “mobility aids” means any item the passenger uses to assist with their mobility but does not include— \n\ta) a wheelchair, or \n\tb) an assistance dog (sections 168 and 170 make provision about the carrying of assistance dogs). \n7) For the purposes of this section “mobility assistance” means assistance— \n\ta) to enable the passenger to get into or out of the vehicle; \n\tb) to load the passenger’s luggage, wheelchair or mobility aids into or out of the vehicle. \n8) This section does not require the driver— \n\ta) unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one wheelchair on any one journey; \n\tb) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person. \n9) The driver of a taxi or private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section. \n10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n11) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(a) or (d) to show that at the time of the alleged offence the person could not reasonably have known that the passenger was disabled. \n12) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(b) or (c) to show that at the time of the alleged offence— \n\ta) it would not have been possible for the wheelchair or mobility aids to be carried safely in the vehicle, or \n\tb) it would not otherwise have been reasonable in all the circumstances for the wheelchair or mobility aids to be carried in the vehicle. \n13) It is a defence for a person charged with an offence under subsection (9) in relation to the duty mentioned in subsection (5)(e) to show that at the time of the alleged offence the person could not reasonably have known that the passenger required mobility assistance of the type required by the passenger. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/164A",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/164A",
    "legislation_id": "ukpga/2010/15",
    "title": "Disabled passengers: duties of drivers",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
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    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781699Z",
    "text": "Section 140AA) **Extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes**\n\n1) In this section— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) “ADR entity” means a person whose name appears on a list maintained in accordance with regulation 10 of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 ( S.I. 2015/542 ) . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) “ADR procedure” means a procedure for the out-of-court resolution of disputes through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution \n\tda) “consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession; \n\te) “non-binding ADR procedure” means an ADR procedure the outcome of which is not binding on the parties; \n\tf) “relevant dispute” means a dispute that— \n\t\ta) concerns obligations under a  sales contract or a service contract, and \n\t\tb) is between a trader established in the United Kingdom or the European Union and a consumer resident in the United Kingdom, which the parties attempt to settle by recourse to a non-binding ADR procedure. \n\tg) “sales contract” means a contract under which a trader transfers, or agrees to transfer, the ownership of goods to a consumer and the consumer pays, or agrees to pay, the price, including any contract that has both goods and services as its object; \n\th) “service contract” means a contract, other than a sales contract, under which a trader supplies, or agrees to supply, a service to a consumer and the consumer pays, or agrees to pay, the price; \n\ti) “trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf. \n2) Subsection (3) applies where— \n\ta) a time limit is set by section 118(1)(a) and (2) in relation to the whole or part of a relevant dispute; \n\tb) a non-binding ADR procedure in relation to the relevant dispute starts before the time limit expires; and \n\tc) if not extended by this section, the time limit would expire before the non-binding ADR procedure ends or less than eight weeks after it ends. \n3) For the purposes of initiating judicial proceedings, the time limit expires instead at the end of eight weeks after the non-binding ADR procedure ends (subject to subsection (4)). \n4) If a time limit has been extended by this section, subsections (2) and (3) apply to the extended time limit as they apply to a time limit mentioned in subsection (2)(a). \n5) Where more than one time limit applies in relation to a relevant dispute, the extension by subsection (3) of one of those time limits does not affect the others. \n6) For the purposes of this section, a non-binding ADR procedure starts in relation to a relevant dispute on the date when the dispute is first sent or otherwise communicated to the ADR entity in accordance with the entity’s rules regarding the submission of complaints. \n7) For the purposes of this section, the non-binding ADR procedure ends on the date of the first of these to occur— \n\ta) the parties reach an agreement in resolution of the relevant dispute; \n\tb) a party completes the notification of the other parties that it has withdrawn from the non-binding ADR procedure; \n\tc) a party to whom a qualifying request is made fails to give a response reaching the other parties within 14 days of the request; \n\td) that the ADR entity notifies the party that submitted the relevant dispute to the ADR entity that, in accordance with its policy, the ADR entity refuses to deal with the relevant dispute; \n\te) after the parties are notified that the ADR entity can no longer act in relation to the relevant dispute (for whatever reason), the parties fail to agree within 14 days to submit the dispute to an alternative ADR entity; \n\tf) the non-binding ADR procedure otherwise comes to an end pursuant to the rules of the ADR entity. \n8) For the purpose of subsection (6), a qualifying request is a request by a party that another (A) confirm to all parties that A is continuing with the non-binding ADR procedure. \n9) In the case of any relevant dispute, references in this section to a non-binding ADR procedure are references to the non-binding ADR procedure so far as it relates to that dispute, and references to a party are to be read accordingly. \n10) Where a court or tribunal has power under section 118(1)(b) to extend a period of limitation, the power is exercisable in relation to the period of limitation as extended by this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/140AA",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/140AA",
    "legislation_id": "ukpga/2010/15",
    "title": "Extension of time limits because of alternative dispute resolution in certain cross border or domestic contractual disputes",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781731Z",
    "text": "Section 147) **Meaning of  “qualifying settlement agreement”**\n\n1) This section applies for the purposes of this Part. \n2) A qualifying settlement agreement is a contract in relation to which each of the conditions in subsection (3) is met. \n3) Those conditions are that— \n\ta) the contract is in writing, \n\tb) the contract relates to the particular complaint, \n\tc) the complainant has, before entering into the contract, received advice from an independent adviser about its terms and effect (including, in particular, its effect on the complainant's ability to pursue the complaint before an employment tribunal), \n\td) on the date of the giving of the advice, there is in force a contract of insurance, or an indemnity provided for members of a profession or professional body, covering the risk of a claim by the complainant in respect of loss arising from the advice, \n\te) the contract identifies the adviser, and \n\tf) the contract states that the conditions in paragraphs (c) and (d) are met. \n4) Each of the following is an independent adviser— \n\ta) a qualified lawyer; \n\tb) an officer, official, employee or member of an independent trade union certified in writing by the trade union as competent to give advice and as authorised to do so on its behalf; \n\tc) a worker at an advice centre (whether as an employee or a volunteer) certified in writing by the centre as competent to give advice and as authorised to do so on its behalf; \n\td) a person of such description as may be specified by order. \n5) Despite subsection (4), none of the following is an independent adviser to the complainant in relation to a qualifying settlement agreement — \n\ta) a person (other than the complainant) who is a party to the contract or the complaint; \n\tb) a person who is connected to a person within paragraph (a); \n\tc) a person who is employed by a person within paragraph (a) or (b); \n\td) a person who is acting for a person within paragraph (a) or (b) in relation to the contract or the complaint; \n\te) a person within subsection (4)(b) or (c), if the trade union or advice centre is a person within paragraph (a) or (b); \n\tf) a person within subsection (4)(c) to whom the complainant makes a payment for the advice. \n6) A  “qualified lawyer”, for the purposes of subsection (4)(a), is— \n\ta) in relation to England and Wales, a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation; \n\tb) in relation to Scotland, an advocate (whether in practice as such or employed to give legal advice) or a solicitor who holds a practising certificate. \n7) “Independent trade union” has the meaning given in section 5 of the Trade Union and Labour Relations (Consolidation) Act 1992. \n8) Two persons are connected for the purposes of subsection (5) if— \n\ta) one is a company of which the other (directly or indirectly) has control, or \n\tb) both are companies of which a third person (directly or indirectly) has control. \n9) Two persons are also connected for the purposes of subsection (5) in so far as a connection between them gives rise to a conflict of interest in relation to the contract or the complaint. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/147",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/147",
    "legislation_id": "ukpga/2010/15",
    "title": "Meaning of “qualifying settlement agreement ”",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 147,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781121Z",
    "text": "Section 13) **Direct discrimination**\n\n1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others. \n2) If the protected characteristic is age, A does not discriminate against B if A can show A's treatment of B to be a proportionate means of achieving a legitimate aim. \n3) If the protected characteristic is disability, and B is not a disabled person, A does not discriminate against B only because A treats or would treat disabled persons more favourably than A treats B. \n4) If the protected characteristic is marriage and civil partnership, this section applies to a contravention of Part 5 (work) only if the treatment is because it is B who is married or a civil partner. \n5) If the protected characteristic is race, less favourable treatment includes segregating B from others. \n6) If the protected characteristic is sex— \n\ta) less favourable treatment of a woman includes less favourable treatment of her because she is breast-feeding; \n\tb) in a case where B is a man, no account is to be taken of special treatment afforded to a woman in connection with pregnancy , childbirth or maternity . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) This section is subject to sections 17(6) and 18(7). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/13",
    "legislation_id": "ukpga/2010/15",
    "title": "Direct discrimination",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781457Z",
    "text": "Section 84) **Application of this Chapter**\nThis Chapter does not apply to the following protected characteristics— \n\ta) age; \n\tb) marriage and civil partnership. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/84",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/84",
    "legislation_id": "ukpga/2010/15",
    "title": "Application of this Chapter",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 84,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782178Z",
    "text": "Section 207) **Exercise of power**\n\n1) A power to make an order or regulations under this Act is exercisable by a Minister of the Crown, unless there is express provision to the contrary. \n2) Orders, regulations or rules under this Act must be made by statutory instrument. \n3) Subsection (2) does not apply to— \n\ta) a transitional exemption order under Part 1 of Schedule 11, \n\tb) a transitional exemption order under Part 1 of Schedule 12, or \n\tc) an order under paragraph 1(3) of Schedule 14 that does not modify an enactment. \n4) Orders or regulations under this Act— \n\ta) may make different provision for different purposes; \n\tb) may include consequential, incidental, supplementary, transitional, transitory or saving provision. \n5) Nothing in section 163(4), 174(4) , 181A(5), 181B(6) or 182(3) affects the generality of the power under subsection (4)(a). \n6) The power under subsection (4)(b), in its application to section 37, 139A, 153, 154(2), 155(5), 197 or 216 or to paragraph 7(1) of Schedule 11 or paragraph 1(3) or 2(3) of Schedule 14, includes power to amend an enactment (including, in the case of section 139A, 197 or 216, this Act). \n7) In the case of section 216 (commencement), provision by virtue of subsection (4)(b) may be included in a separate order from the order that provides for the commencement to which the provision relates; and, for that purpose, it does not matter— \n\ta) whether the order providing for the commencement includes provision by virtue of subsection (4)(b); \n\tb) whether the commencement has taken place. \n8) A statutory instrument containing an Order in Council under section 82 (offshore work) is subject to annulment in pursuance of a resolution of either House of Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/207",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/207",
    "legislation_id": "ukpga/2010/15",
    "title": "Exercise of power",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 207,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782332Z",
    "text": "SCHEDULE 21 Reasonable adjustments: supplementary Section 189 *Preliminary*\n\n1) This Schedule applies for the purposes of Schedules 2, 4, 8, 13 and 15. *Binding obligations, etc.*\n\n2) \n1) This paragraph applies if— \n\ta) a binding obligation requires A to obtain the consent of another person to an alteration of premises which A occupies, \n\tb) where A is a controller of let premises, a binding obligation requires A to obtain the consent of another person to a variation of a term of the tenancy, or \n\tc) where A is a responsible person in relation to common parts, a binding obligation requires A to obtain the consent of another person to an alteration of the common parts. \n2) For the purpose of discharging a duty to make reasonable adjustments— \n\ta) it is always reasonable for A to have to take steps to obtain the consent, but \n\tb) it is never reasonable for A to have to make the alteration before the consent is obtained. \n3) In this Schedule, a binding obligation is a legally binding obligation in relation to premises, however arising; but the reference to a binding obligation in sub-paragraph (1)(a) or (c) does not include a reference to an obligation imposed by a tenancy. \n4) The steps referred to in sub-paragraph (2)(a) do not include applying to a court or tribunal. *Landlord's consent*\n\n3) \n1) This paragraph applies if— \n\ta) A occupies premises under a tenancy, \n\tb) A is proposing to make an alteration to the premises so as to comply with a duty to make reasonable adjustments, and \n\tc) but for this paragraph, A would not be entitled to make the alteration. \n2) This paragraph also applies if— \n\ta) A is a responsible person in relation to common parts, \n\tb) A is proposing to make an alteration to the common parts so as to comply with a duty to make reasonable adjustments, \n\tc) A is the tenant of property which includes the common parts, and \n\td) but for this paragraph, A would not be entitled to make the alteration. \n3) The tenancy has effect as if it provided— \n\ta) for A to be entitled to make the alteration with the written consent of the landlord, \n\tb) for A to have to make a written application for that consent, \n\tc) for the landlord not to withhold the consent unreasonably, and \n\td) for the landlord to be able to give the consent subject to reasonable conditions. \n4) If a question arises as to whether A has made the alteration (and, accordingly, complied with a duty to make reasonable adjustments), any constraint attributable to the tenancy must be ignored unless A has applied to the landlord in writing for consent to the alteration. \n5) For the purposes of sub-paragraph (1) or (2), A must be treated as not entitled to make the alteration if the tenancy— \n\ta) imposes conditions which are to apply if A makes an alteration, or \n\tb) entitles the landlord to attach conditions to a consent to the alteration. *Proceedings before county court or sheriff*\n\n4) \n1) This paragraph applies if, in a case within Part 3, 4, 6 or 7 of this Act— \n\ta) A has applied in writing to the landlord for consent to the alteration, and \n\tb) the landlord has refused to give consent or has given consent subject to a condition. \n2) A (or a disabled person with an interest in the alteration being made) may refer the matter to the county court or, in Scotland, the sheriff. \n3) The county court or sheriff must determine whether the refusal or condition is unreasonable. \n4) If the county court or sheriff finds that the refusal or condition is unreasonable, the county court or sheriff— \n\ta) may make such declaration as it thinks appropriate; \n\tb) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified). *Joining landlord as party to proceedings*\n\n5) \n1) This paragraph applies to proceedings relating to a contravention of this Act by virtue of section 20. \n2) A party to the proceedings may request the employment tribunal, county court or sheriff (“the judicial authority”) to direct that the landlord is joined or sisted as a party to the proceedings. \n3) The judicial authority— \n\ta) must grant the request if it is made before the hearing of the complaint or claim begins; \n\tb) may refuse the request if it is made after the hearing begins; \n\tc) must refuse the request if it is made after the complaint or claim has been determined. \n4) If the landlord is joined or sisted as a party to the proceedings, the judicial authority may determine whether— \n\ta) the landlord has refused to consent to the alteration; \n\tb) the landlord has consented subject to a condition; \n\tc) the refusal or condition was unreasonable. \n5) If the judicial authority finds that the refusal or condition was unreasonable, it— \n\ta) may make such declaration as it thinks appropriate; \n\tb) may make an order authorising A to make the alteration specified in the order (and requiring A to comply with such conditions as are so specified); \n\tc) may order the landlord to pay compensation to the complainant or claimant. \n6) An employment tribunal may act in reliance on sub-paragraph (5)(c) instead of, or in addition to, acting in reliance on section 124(2); but if it orders the landlord to pay compensation it must not do so in reliance on section 124(2). \n7) If the county court or the sheriff orders the landlord to pay compensation, it may not order A to do so. *Regulations*\n\n6) \n1) Regulations may make provision as to circumstances in which a landlord is taken for the purposes of this Schedule to have— \n\ta) withheld consent; \n\tb) withheld consent reasonably; \n\tc) withheld consent unreasonably. \n2) Regulations may make provision as to circumstances in which a condition subject to which a landlord gives consent is taken— \n\ta) to be reasonable; \n\tb) to be unreasonable. \n3) Regulations may make provision supplementing or modifying the preceding paragraphs of this Schedule, or provision made under this paragraph, in relation to a case where A's tenancy is a sub-tenancy. \n4) Provision made by virtue of this paragraph may amend the preceding paragraphs of this Schedule. *Interpretation*\n\n7) An expression used in this Schedule and in Schedule 2, 4, 8, 13 or 15 has the same meaning in this Schedule as in that Schedule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/21",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/21",
    "legislation_id": "ukpga/2010/15",
    "title": "Reasonable adjustments: supplementary",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781937Z",
    "text": "Section 181D) **Interpretation**\n\n1) In this Chapter— \n\t- “local service” has the same meaning as in the Transport Act 1985;\n\t- “public service vehicle” means a vehicle that is a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981;\n\t- “stopping place” has the same meaning as in the Transport Act 1985.\n2) For the purposes of this Chapter, a local service (“service A”) is a connecting local service in relation to another local service (“service B”) if service A has a stopping place at, or in the vicinity of, a stopping place of service B. \n3) References in this Chapter to the operator of a passenger transport service of any description are to be construed in accordance with section 137(7) of the Transport Act 1985. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/181D",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/181D",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781785Z",
    "text": "Section 157) **Interpretation**\n\n1) This section applies for the purposes of this Chapter. \n2) A relevant Welsh authority is a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) other than the Assembly Commission. \n3) A cross-border Welsh authority is a person other than a relevant Welsh authority (or the Assembly Commission) who has any function that— \n\ta) is exercisable in or as regards Wales, and \n\tb) is a devolved Welsh function. \n4) The Assembly Commission has the same meaning as in the Government of Wales Act 2006. \n5) A function is a devolved Welsh function if— \n\ta) it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or \n\tb) provision conferring the function would be within the legislative competence of the National Assembly for Wales. \n6) A relevant Scottish authority is a public body, public office or holder of a public office— \n\ta) which is not a cross-border Scottish authority or the Scottish Parliamentary Corporate Body, \n\tb) whose functions are exercisable only in or as regards Scotland, and \n\tc) at least some of whose functions do not relate to reserved matters. \n7) A cross-border Scottish authority is a cross-border public authority within the meaning given by section 88(5) of the Scotland Act 1998. \n8) A function is a devolved Scottish function if it— \n\ta) is exercisable in or as regards Scotland, and \n\tb) does not relate to reserved matters. \n9) Reserved matters has the same meaning as in the Scotland Act 1998. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/157",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/157",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 157,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781894Z",
    "text": "Section 174) **PSV accessibility regulations**\n\n1) The Secretary of State may make regulations (in this Chapter referred to as  “PSV accessibility regulations”) for securing that it is possible for disabled persons— \n\ta) to get on to and off regulated public service vehicles in safety and without unreasonable difficulty (and, in the case of disabled persons in wheelchairs, to do so while remaining in their wheelchairs), and \n\tb) to travel in such vehicles in safety and reasonable comfort. \n2) The regulations may, in particular, make provision as to the construction, use and maintenance of regulated public service vehicles, including provision as to— \n\ta) the fitting of equipment to vehicles; \n\tb) equipment to be carried by vehicles; \n\tc) the design of equipment to be fitted to, or carried by, vehicles; \n\td) the fitting and use of restraining devices designed to ensure the stability of wheelchairs while vehicles are moving; \n\te) the position in which wheelchairs are to be secured while vehicles are moving. \n3) In this section  “public service vehicle” means a vehicle which is— \n\ta) adapted to carry more than 8 passengers, and \n\tb) a public service vehicle for the purposes of the Public Passenger Vehicles Act 1981; and in this Chapter  “regulated public service vehicle” means a public service vehicle to which PSV accessibility regulations are expressed to apply. \n4) The regulations may make different provision— \n\ta) as respects different classes or descriptions of vehicle; \n\tb) as respects the same class or description of vehicle in different circumstances. \n5) The Secretary of State must not make regulations under this section or section 176 or 177 without consulting— \n\ta) the Disabled Persons Transport Advisory Committee, and \n\tb) such other representative organisations as the Secretary of State thinks fit. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/174",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/174",
    "legislation_id": "ukpga/2010/15",
    "title": "PSV accessibility regulations",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 174,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781338Z",
    "text": "Section 56) **Interpretation**\n\n1) This section applies for the purposes of section 55. \n2) The provision of an employment service includes— \n\ta) the provision of vocational training; \n\tb) the provision of vocational guidance; \n\tc) making arrangements for the provision of vocational training or vocational guidance; \n\td) the provision of a service for finding employment for persons; \n\te) the provision of a service for supplying employers with persons to do work; \n\tf) the provision of a service in pursuance of arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State relating to employment); \n\tg) the provision of a service in pursuance of arrangements made or a direction given under section 10 of that Act (careers services); \n\th) the exercise of a function in pursuance of arrangements made under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (functions of Scottish Enterprise, etc. relating to employment); \n\ti) an assessment related to the conferment of a relevant qualification within the meaning of section 53 above (except in so far as the assessment is by the qualifications body which confers the qualification). \n3) This section does not apply in relation to training or guidance in so far as it is training or guidance in relation to which another provision of this Part applies. \n4) This section does not apply in relation to training or guidance for pupils of a school to which section 85 applies in so far as it is training or guidance to which the responsible body of the school has power to afford access (whether as the responsible body of that school or as the responsible body of any other school at which the training or guidance is provided). \n5) This section does not apply in relation to training or guidance for students of an institution to which section 91 applies in so far as it is training or guidance to which the governing body of the institution has power to afford access. \n6) “Vocational training” means— \n\ta) training for employment, or \n\tb) work experience (including work experience the duration of which is not agreed until after it begins). \n7) A reference to the provision of a vocational service is a reference to the provision of an employment service within subsection (2)(a) to (d) (or an employment service within subsection (2)(f) or (g) in so far as it is also an employment service within subsection (2)(a) to (d)); and for that purpose— \n\ta) the references to an employment service within subsection (2)(a) do not include a reference to vocational training within the meaning given by subsection (6)(b), and \n\tb) the references to an employment service within subsection (2)(d) also include a reference to a service for assisting persons to retain employment. \n8) A reference to training includes a reference to facilities for training. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/56",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/56",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 56,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781297Z",
    "text": "Section 46) **Interpretation**\n\n1) This section applies for the purposes of sections 44 and 45. \n2) “Partnership” and  “firm” have the same meaning as in the Partnership Act 1890. \n3) “Proposed firm” means persons proposing to form themselves into a partnership. \n4) “LLP” means a limited liability partnership (within the meaning of the Limited Liability Partnerships Act 2000). \n5) “Proposed LLP” means persons proposing to incorporate an LLP with themselves as members. \n6) A reference to expelling a partner of a firm or a member of an LLP includes a reference to the termination of the person's position as such— \n\ta) by the expiry of a period (including a period expiring by reference to an event or circumstance); \n\tb) by an act of the person (including giving notice) in circumstances such that the person is entitled, because of the conduct of other partners or members, to terminate the position without notice; \n\tc) (in the case of a partner of a firm) as a result of the dissolution of the partnership. \n7) Subsection (6)(a) and (c) does not apply if, immediately after the termination, the position is renewed on the same terms. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/46",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/46",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 46,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781146Z",
    "text": "Section 19) **Indirect discrimination**\n\n1) A person (A) discriminates against another (B) if A applies to B a provision, criterion or practice which is discriminatory in relation to a relevant protected characteristic of B's. \n2) For the purposes of subsection (1), a provision, criterion or practice is discriminatory in relation to a relevant protected characteristic of B's if— \n\ta) A applies, or would apply, it to persons with whom B does not share the characteristic, \n\tb) it puts, or would put, persons with whom B shares the characteristic at a particular disadvantage when compared with persons with whom B does not share it, \n\tc) it puts, or would put, B at that disadvantage, and \n\td) A cannot show it to be a proportionate means of achieving a legitimate aim. \n3) The relevant protected characteristics are— \n\t- age;\n\t- disability;\n\t- gender reassignment;\n\t- marriage and civil partnership;\n\t- race;\n\t- religion or belief;\n\t- sex;\n\t- sexual orientation.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/19",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/19",
    "legislation_id": "ukpga/2010/15",
    "title": "Indirect discrimination",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781100Z",
    "text": "Section 8) **Marriage and civil partnership**\n\n1) A person has the protected characteristic of marriage and civil partnership if the person is married or is a civil partner. \n2) In relation to the protected characteristic of marriage and civil partnership— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a person who is married or is a civil partner; \n\tb) a reference to persons who share a protected characteristic is a reference to persons who are married or are civil partners. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/8",
    "legislation_id": "ukpga/2010/15",
    "title": "Marriage and civil partnership",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781113Z",
    "text": "Section 11) **Sex**\nIn relation to the protected characteristic of sex— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a man or to a woman; \n\tb) a reference to persons who share a protected characteristic is a reference to persons of the same sex. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/11",
    "legislation_id": "ukpga/2010/15",
    "title": "Sex",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781868Z",
    "text": "Section 169) **Assistance dogs in taxis: exemption certificates**\n\n1) A licensing authority must issue a person with a certificate exempting the person from the duties imposed by section 168 (an  “exemption certificate”) if satisfied that it is appropriate to do so on medical grounds. \n2) In deciding whether to issue an exemption certificate the authority must have regard, in particular, to the physical characteristics of the taxi which the person drives or those of any kind of taxi in relation to which the person requires the certificate. \n3) An exemption certificate is valid— \n\ta) in respect of a specified taxi or a specified kind of taxi; \n\tb) for such period as is specified in the certificate. \n4) The driver of a taxi is exempt from the duties imposed by section 168 if— \n\ta) an exemption certificate issued to the driver is in force with respect to the taxi, and \n\tb) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner. The power to make regulations under paragraph (b) is exercisable by the Secretary of State. \n5) In this section  “licensing authority” means— \n\ta) in relation to the area to which the Metropolitan Public Carriage Act 1869 applies, Transport for London; \n\tb) in relation to any other area in England and Wales, the authority responsible for licensing taxis in that area. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/169",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/169",
    "legislation_id": "ukpga/2010/15",
    "title": "Assistance dogs in taxis: exemption certificates",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 169,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781703Z",
    "text": "Section 140B) **Extension of time limits to facilitate conciliation before institution of proceedings**\n\n1) This section applies where a time limit is set by section 123(1)(a) or 129(3) or (4). ... \n2) In this section— \n\ta) Day A is the day on which the complainant or applicant concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and \n\tb) Day B is the day on which the complainant or applicant concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section. \n3) In working out when the time limit set by section 123(1)(a) or 129(3) or (4) expires the period beginning with the day after Day A and ending with Day B is not to be counted. \n4) If the time limit set by section 123(1)(a) or 129(3) or (4) would (if not extended by this subsection) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period. \n5) The power conferred on the employment tribunal by subsection (1)(b) of section 123 to extend the time limit set by subsection (1)(a) of that section is exercisable in relation to that time limit as extended by this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/140B",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/140B",
    "legislation_id": "ukpga/2010/15",
    "title": "Extension of time limits to facilitate conciliation before institution of proceedings",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781827Z",
    "text": "Section 165) **Disabled passengers in wheelchairs: duties of drivers of designated vehicles**\n\n1) This section imposes duties on the driver of a designated taxi or designated private hire vehicle which has been hired— \n\ta) by or for a disabled person who is in a wheelchair, or \n\tb) by another person who wishes to be accompanied by a disabled person who is in a wheelchair. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2A) This section also imposes duties on the driver of a designated taxi or designated private hire vehicle if— \n\ta) the vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and \n\tb) a person within subsection (1)(a) or (b) has indicated to the driver that the person wishes to travel on the service. \n3) For the purposes of this section— \n\ta) a taxi or private hire vehicle is  “designated” if it appears on a list maintained under section 167; \n\tb) “the passenger” means the disabled person concerned. \n4) The duties are— \n\ta) to carry the passenger while in the wheelchair; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) if the passenger chooses to sit in a passenger seat, to carry the wheelchair; \n\tca) if the passenger has with them any mobility aids, to carry the mobility aids; \n\td) to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; \n\te) to give the passenger such mobility assistance as is reasonably required. \n\tf) not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e). \n4A) For the purposes of this section “mobility aids” means any item the passenger uses to assist with their mobility but does not include— \n\ta) a wheelchair, or \n\tb) an assistance dog (sections 168 and 170 make provision about the carrying of assistance dogs). \n5) For the purposes of this section “mobility assistance” means assistance— \n\ta) to enable the passenger to get into or out of the vehicle; \n\tb) if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair; \n\tc) to load the passenger's luggage or mobility aids into or out of the vehicle; \n\td) if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle. \n6) This section does not require the driver— \n\ta) unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey; \n\tb) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person. \n7) A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section. \n8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n9) It is a defence for a person charged with an offence under subsection (7) in relation to the duty mentioned in subsection (4)(a) or (c) to show that at the time of the alleged offence— \n\ta) the vehicle conformed to the accessibility requirements which applied to it, but \n\tb) it would not have been possible for the wheelchair to be carried safely in the vehicle. \n9A) It is a defence for a person charged with an offence under subsection (7) in relation to the duty mentioned in subsection (4)(ca) to show that at the time of the alleged offence— \n\ta) it would not have been possible for the mobility aids to be carried safely in the vehicle, or \n\tb) it would not otherwise have been reasonable in all the circumstances for the mobility aids to be carried in the vehicle. \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/165",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/165",
    "legislation_id": "ukpga/2010/15",
    "title": "Disabled passengers in wheelchairs: duties of drivers of designated vehicles",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 165,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781330Z",
    "text": "Section 54) **Interpretation**\n\n1) This section applies for the purposes of section 53. \n2) A qualifications body is an authority or body which can confer a relevant qualification. \n3) A relevant qualification is an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular trade or profession. \n4) An authority or body is not a qualifications body in so far as— \n\ta) it can confer a qualification to which section 96 applies, \n\tb) it is the responsible body of a school to which section 85 applies, \n\tc) it is the governing body of an institution to which section 91 applies, \n\td) it exercises functions under the Education Acts, or \n\te) it exercises functions under the Education (Scotland) Act 1980. \n5) A reference to conferring a relevant qualification includes a reference to renewing or extending the conferment of a relevant qualification. \n6) A competence standard is an academic, medical or other standard applied for the purpose of determining whether or not a person has a particular level of competence or ability. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/54",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/54",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 54,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781933Z",
    "text": "Section 181C) **Guidance**\n\n1) The Secretary of State must issue guidance about the duties imposed on operators of local services by regulations under section 181A. \n2) The Secretary of State— \n\ta) must review the guidance issued under subsection (1), at intervals not exceeding five years, and \n\tb) may revise it. \n3) Before issuing the guidance or revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to it, the Secretary of State must consult— \n\ta) the Welsh Ministers, \n\tb) the Scottish Ministers, \n\tc) the Passengers' Council, \n\td) such organisations representing disabled persons, including the Disabled Persons Transport Advisory Committee and the committee established under section 72 of the Transport (Scotland) Act 2001, as the Secretary of State thinks fit, \n\te) such organisations representing operators of local services as the Secretary of State thinks fit, and \n\tf) such other persons as the Secretary of State thinks fit. \n4) The Secretary of State must arrange for any guidance issued or revised under this section to be published in a way the Secretary of State considers appropriate. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/181C",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/181C",
    "legislation_id": "ukpga/2010/15",
    "title": "Guidance",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781482Z",
    "text": "Section 90) **Application of this Chapter**\nThis Chapter does not apply to the protected characteristic of marriage and civil partnership. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/90",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/90",
    "legislation_id": "ukpga/2010/15",
    "title": "Application of this Chapter",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 90,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781981Z",
    "text": "Section 192) **National security**\nA person does not contravene this Act only by doing, for the purpose of safeguarding national security, anything it is proportionate to do for that purpose. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/192",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/192",
    "legislation_id": "ukpga/2010/15",
    "title": "National security",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 192,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781814Z",
    "text": "Section 164) **Exemption from taxi accessibility regulations**\n\n1) The Secretary of State may by regulations provide for a relevant licensing authority to apply for an order (an  “exemption order”) exempting the authority from the requirements of section 163. \n2) Regulations under subsection (1) may, in particular, make provision requiring an authority proposing to apply for an exemption order— \n\ta) to carry out such consultation as is specified; \n\tb) to publish its proposals in the specified manner; \n\tc) before applying for the order, to consider representations made about the proposal; \n\td) to make the application in the specified form. In this subsection  “specified” means specified in the regulations. \n3) An authority may apply for an exemption order only if it is satisfied— \n\ta) that, having regard to the circumstances in its area, it is inappropriate for section 163 to apply, and \n\tb) that the application of that section would result in an unacceptable reduction in the number of taxis in its area. \n4) After consulting the Disabled Persons Transport Advisory Committee and such other persons as the Secretary of State thinks appropriate, the Secretary of State may— \n\ta) make an exemption order in the terms of the application for the order; \n\tb) make an exemption order in such other terms as the Secretary of State thinks appropriate; \n\tc) refuse to make an exemption order. \n5) The Secretary of State may by regulations make provision requiring a taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats. \n6) Regulations under subsection (5) may make provision corresponding to section 163. \n7) In this section— \n\t- “relevant licensing authority” means an authority responsible for licensing taxis in any area of England and Wales other than the area to which the Metropolitan Public Carriage Act 1869 applies;\n\t- “swivel seats” has such meaning as is specified in regulations under subsection (5).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/164",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/164",
    "legislation_id": "ukpga/2010/15",
    "title": "Exemption from taxi accessibility regulations",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 164,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781088Z",
    "text": "Section 5) **Age**\n\n1) In relation to the protected characteristic of age— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a person of a particular age group; \n\tb) a reference to persons who share a protected characteristic is a reference to persons of the same age group. \n2) A reference to an age group is a reference to a group of persons defined by reference to age, whether by reference to a particular age or to a range of ages. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/5",
    "legislation_id": "ukpga/2010/15",
    "title": "Age",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781293Z",
    "text": "Section 45) **Limited liability partnerships**\n\n1) An LLP or proposed LLP must not discriminate against a person— \n\ta) in the arrangements it makes for deciding to whom to offer a position as a member; \n\tb) as to the terms on which it offers the person a position as a member; \n\tc) by not offering the person a position as a member. \n2) An LLP (A) must not discriminate against a member (B)— \n\ta) as to the terms on which B is a member; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by expelling B; \n\td) by subjecting B to any other detriment. \n3) An LLP must not, in relation to a position as a member, harass— \n\ta) a member; \n\tb) a person who has applied for the position. \n4) A proposed LLP must not, in relation to a position as a member, harass a person who has applied for the position. \n5) An LLP or proposed LLP must not victimise a person— \n\ta) in the arrangements it makes for deciding to whom to offer a position as a member; \n\tb) as to the terms on which it offers the person a position as a member; \n\tc) by not offering the person a position as a member. \n6) An LLP (A) must not victimise a member (B)— \n\ta) as to the terms on which B is a member; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service; \n\tc) by expelling B; \n\td) by subjecting B to any other detriment. \n7) A duty to make reasonable adjustments applies to— \n\ta) an LLP; \n\tb) a proposed LLP. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/45",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/45",
    "legislation_id": "ukpga/2010/15",
    "title": "Limited liability partnerships",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 45,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781522Z",
    "text": "Section 100) **Application of this Part**\n\n1) This Part does not apply to the protected characteristic of marriage and civil partnership. \n2) This Part does not apply to discrimination, harassment or victimisation— \n\ta) that is prohibited by Part 3 (services and public functions), Part 4 (premises), Part 5 (work) or Part 6 (education), or \n\tb) that would be so prohibited but for an express exception. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/100",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/100",
    "legislation_id": "ukpga/2010/15",
    "title": "Application of this Part",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 100,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781502Z",
    "text": "Section 95) **Application of this Chapter**\nThis Chapter does not apply to the protected characteristic of marriage and civil partnership. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/95",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/95",
    "legislation_id": "ukpga/2010/15",
    "title": "Application of this Chapter",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 95,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781150Z",
    "text": "Section 19A) **Indirect discrimination: same disadvantage**\n\n1) A person (A) discriminates against another (B) if— \n\ta) A applies to B a provision, criterion or practice, \n\tb) A also applies, or would apply, the provision, criterion or practice to— \n\t\ti) persons who share a relevant protected characteristic, and \n\t\tii) persons who do not share that relevant protected characteristic, \n\tc) B does not share that relevant protected characteristic, \n\td) the provision, criterion or practice puts, or would put, persons with the relevant protected characteristic at a particular disadvantage when compared with persons who do not share the relevant protected characteristic, \n\te) the provision, criterion or practice puts, or would put, B at substantively the same disadvantage as persons who do share the relevant protected characteristic, and \n\tf) A cannot show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim. \n2) The relevant protected characteristics for the purposes of this section are— \n\t- age;\n\t- disability;\n\t- gender reassignment;\n\t- marriage and civil partnership;\n\t- race;\n\t- religion or belief;\n\t- sex;\n\t- sexual orientation.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/19A",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/19A",
    "legislation_id": "ukpga/2010/15",
    "title": "Indirect discrimination: same disadvantage",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781238Z",
    "text": "Section 33) **Disposals, etc.**\n\n1) A person (A) who has the right to dispose of premises must not discriminate against another (B)— \n\ta) as to the terms on which A offers to dispose of the premises to B; \n\tb) by not disposing of the premises to B; \n\tc) in A's treatment of B with respect to things done in relation to persons seeking premises. \n2) Where an interest in a commonhold unit cannot be disposed of unless a particular person is a party to the disposal, that person must not discriminate against a person by not being a party to the disposal. \n3) A person who has the right to dispose of premises must not, in connection with anything done in relation to their occupation or disposal, harass— \n\ta) a person who occupies them; \n\tb) a person who applies for them. \n4) A person (A) who has the right to dispose of premises must not victimise another (B)— \n\ta) as to the terms on which A offers to dispose of the premises to B; \n\tb) by not disposing of the premises to B; \n\tc) in A's treatment of B with respect to things done in relation to persons seeking premises. \n5) Where an interest in a commonhold unit cannot be disposed of unless a particular person is a party to the disposal, that person must not victimise a person by not being a party to the disposal. \n6) In the application of section 26 for the purposes of subsection (3), neither of the following is a relevant protected characteristic— \n\ta) religion or belief; \n\tb) sexual orientation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/33",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/33",
    "legislation_id": "ukpga/2010/15",
    "title": "Disposals, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 33,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781179Z",
    "text": "Section 26) **Harassment**\n\n1) A person (A) harasses another (B) if— \n\ta) A engages in unwanted conduct related to a relevant protected characteristic, and \n\tb) the conduct has the purpose or effect of— \n\t\ti) violating B's dignity, or \n\t\tii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B. \n2) A also harasses B if— \n\ta) A engages in unwanted conduct of a sexual nature, and \n\tb) the conduct has the purpose or effect referred to in subsection (1)(b). \n3) A also harasses B if— \n\ta) A or another person engages in unwanted conduct of a sexual nature or that is related to gender reassignment or sex, \n\tb) the conduct has the purpose or effect referred to in subsection (1)(b), and \n\tc) because of B's rejection of or submission to the conduct, A treats B less favourably than A would treat B if B had not rejected or submitted to the conduct. \n4) In deciding whether conduct has the effect referred to in subsection (1)(b), each of the following must be taken into account— \n\ta) the perception of B; \n\tb) the other circumstances of the case; \n\tc) whether it is reasonable for the conduct to have that effect. \n5) The relevant protected characteristics are— \n\t- age;\n\t- disability;\n\t- gender reassignment;\n\t- race;\n\t- religion or belief;\n\t- sex;\n\t- sexual orientation.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/26",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/26",
    "legislation_id": "ukpga/2010/15",
    "title": "Harassment",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 26,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781350Z",
    "text": "Section 59) **Interpretation**\n\n1) This section applies for the purposes of section 58. \n2) “Local authority” means— \n\ta) a county council in England; \n\tb) a district council in England; \n\tc) the Greater London Authority; \n\td) a London borough council; \n\te) the Common Council of the City of London; \n\tf) the Council of the Isles of Scilly; \n\tg) a parish council in England; \n\th) a county council in Wales; \n\ti) a community council in Wales; \n\tj) a county borough council in Wales; \n\tja) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021; \n\tk) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994; \n\tl) a community council in Scotland. \n3) A Minister of the Crown may by order amend subsection (2) so as to add, vary or omit a reference to a body which exercises functions that have been conferred on a local authority within paragraph (a) to (l). \n4) A reference to the carrying-out of official business by a person who is a member of a local authority is a reference to the doing of anything by the person— \n\ta) as a member of the authority, \n\tb) as a member of a body to which the person is appointed by, or appointed following nomination by, the authority or a group of bodies including the authority, or \n\tc) as a member of any other public body. \n5) “Member”, in relation to the Greater London Authority, means— \n\ta) the Mayor of London; \n\tb) a member of the London Assembly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/59",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/59",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 59,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781691Z",
    "text": "Section 140) **Conduct giving rise to separate proceedings**\n\n1) This section applies in relation to conduct which has given rise to two or more separate proceedings under this Act, with at least one being for a contravention of section 111 (instructing, causing or inducing contraventions). \n2) A court may transfer proceedings to an employment tribunal. \n3) An employment tribunal may transfer proceedings to a court. \n4) A court or employment tribunal is to be taken for the purposes of this Part to have jurisdiction to determine a claim or complaint transferred to it under this section; accordingly— \n\ta) a reference to a claim within section 114(1) includes a reference to a claim transferred to a court under this section, and \n\tb) a reference to a complaint within section 120(1) includes a reference to a complaint transferred to an employment tribunal under this section. \n5) A court or employment tribunal may not make a decision that is inconsistent with an earlier decision in proceedings arising out of the conduct. \n6) “Court” means— \n\ta) in relation to proceedings in England and Wales, the county court ; \n\tb) in relation to proceedings in Scotland, the sheriff. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/140",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/140",
    "legislation_id": "ukpga/2010/15",
    "title": "Conduct giving rise to separate proceedings",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 140,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781074Z",
    "text": "Section 2) **Power to amend section 1**\n\n1) A Minister of the Crown may by regulations amend section 1 so as to— \n\ta) add a public authority to the authorities that are subject to the duty under subsection (1) of that section; \n\tb) remove an authority from those that are subject to the duty; \n\tc) make the duty apply, in the case of a particular authority, only in relation to certain functions that it has; \n\td) in the case of an authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction. \n2) In subsection (1)  “public authority” means an authority that has functions of a public nature. \n3) Provision made under subsection (1) may not impose a duty on an authority in relation to any devolved Scottish functions or devolved Welsh functions. \n4) The Scottish Ministers or the Welsh Ministers may by regulations amend section 1 so as to— \n\ta) add a relevant authority to the authorities that are subject to the duty under subsection (1) of that section; \n\tb) remove a relevant authority from those that are subject to the duty; \n\tc) make the duty apply, in the case of a particular relevant authority, only in relation to certain functions that it has; \n\td) in the case of a relevant authority to which the application of the duty is already restricted to certain functions, remove or alter the restriction. \n5) For the purposes of the power conferred by subsection (4) on the Scottish Ministers,  “relevant authority” means an authority whose functions— \n\ta) are exercisable only in or as regards Scotland, \n\tb) are wholly or mainly devolved Scottish functions, and \n\tc) correspond or are similar to those of an authority for the time being specified in section 1(3). \n6) For the purposes of the power conferred by subsection (4) on the Welsh Ministers,  “relevant authority” means a devolved Welsh authority (within the meaning given by section 157A of the Government of Wales Act 2006) whose functions correspond or are similar to those of an authority for the time being specified in subsection (3) of section 1 or referred to in subsection (4) of that section. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) Regulations under this section may make any amendments of section 1 that appear to the Minister or Ministers to be necessary or expedient in consequence of provision made under subsection (1) or (as the case may be) subsection (4). \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11) For the purposes of this Part — \n\ta) a function is a devolved Scottish function if it is exercisable in or as regards Scotland and it does not relate to reserved matters (within the meaning of the Scotland Act 1998); \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/2",
    "legislation_id": "ukpga/2010/15",
    "title": "Power to amend section 1",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781510Z",
    "text": "Section 97) **Interpretation**\n\n1) This section applies for the purposes of section 96. \n2) A qualifications body is an authority or body which can confer a relevant qualification. \n3) A relevant qualification is an authorisation, qualification, approval or certification of such description as may be prescribed— \n\ta) in relation to conferments in England, by a Minister of the Crown; \n\tb) in relation to conferments in Wales, by the Welsh Ministers; \n\tc) in relation to conferments in Scotland, by the Scottish Ministers. \n4) An authority or body is not a qualifications body in so far as— \n\ta) it is the responsible body of a school to which section 85 applies, \n\tb) it is the governing body of an institution to which section 91 applies, \n\tc) it exercises functions under the Education Acts, or \n\td) it exercises functions under the Education (Scotland) Act 1980. \n5) A qualifications body does not include an authority or body of such description, or in such circumstances, as may be prescribed. \n6) A reference to conferring a relevant qualification includes a reference— \n\ta) to renewing or extending the conferment of a relevant qualification; \n\tb) to authenticating a relevant qualification conferred by another person. \n7) A reference in section 96(8), (10) or (11) to a qualification is a reference to a relevant qualification. \n8) Subsection (11) of section 96 applies for the purposes of subsection (3) of this section as it applies for the purposes of subsection (10) of that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/97",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/97",
    "legislation_id": "ukpga/2010/15",
    "title": "Interpretation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 97,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781566Z",
    "text": "Section 111) **Instructing, causing or inducing contraventions**\n\n1) A person (A) must not instruct another (B) to do in relation to a third person (C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 112(1) (a basic contravention). \n2) A person (A) must not cause another (B) to do in relation to a third person (C) anything which is a basic contravention. \n3) A person (A) must not induce another (B) to do in relation to a third person (C) anything which is a basic contravention. \n4) For the purposes of subsection (3), inducement may be direct or indirect. \n5) Proceedings for a contravention of this section may be brought— \n\ta) by B, if B is subjected to a detriment as a result of A's conduct; \n\tb) by C, if C is subjected to a detriment as a result of A's conduct; \n\tc) by the Commission. \n6) For the purposes of subsection (5), it does not matter whether— \n\ta) the basic contravention occurs; \n\tb) any other proceedings are, or may be, brought in relation to A's conduct. \n7) This section does not apply unless the relationship between A and B is such that A is in a position to commit a basic contravention in relation to B. \n8) A reference in this section to causing or inducing a person to do something includes a reference to attempting to cause or induce the person to do it. \n9) For the purposes of Part 9 (enforcement), a contravention of this section is to be treated as relating— \n\ta) in a case within subsection (5)(a), to the Part of this Act which, because of the relationship between A and B, A is in a position to contravene in relation to B; \n\tb) in a case within subsection (5)(b), to the Part of this Act which, because of the relationship between B and C, B is in a position to contravene in relation to C. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/111",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/111",
    "legislation_id": "ukpga/2010/15",
    "title": "Instructing, causing or inducing contraventions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 111,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781334Z",
    "text": "Section 55) **Employment service-providers**\n\n1) A person (an  “employment service-provider”) concerned with the provision of an employment service must not discriminate against a person— \n\ta) in the arrangements the service-provider makes for selecting persons to whom to provide, or to whom to offer to provide, the service; \n\tb) as to the terms on which the service-provider offers to provide the service to the person; \n\tc) by not offering to provide the service to the person. \n2) An employment service-provider (A) must not, in relation to the provision of an employment service, discriminate against a person (B)— \n\ta) as to the terms on which A provides the service to B; \n\tb) by not providing the service to B; \n\tc) by terminating the provision of the service to B; \n\td) by subjecting B to any other detriment. \n3) An employment service-provider must not, in relation to the provision of an employment service, harass— \n\ta) a person who asks the service-provider to provide the service; \n\tb) a person for whom the service-provider provides the service. \n4) An employment service-provider (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for selecting persons to whom to provide, or to whom to offer to provide, the service; \n\tb) as to the terms on which A offers to provide the service to B; \n\tc) by not offering to provide the service to B. \n5) An employment service-provider (A) must not, in relation to the provision of an employment service, victimise a person (B)— \n\ta) as to the terms on which A provides the service to B; \n\tb) by not providing the service to B; \n\tc) by terminating the provision of the service to B; \n\td) by subjecting B to any other detriment. \n6) A duty to make reasonable adjustments applies to an employment service-provider, except in relation to the provision of a vocational service. \n7) The duty imposed by section 29(7)(a) applies to a person concerned with the provision of a vocational service; but a failure to comply with that duty in relation to the provision of a vocational service is a contravention of this Part for the purposes of Part 9 (enforcement). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/55",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/55",
    "legislation_id": "ukpga/2010/15",
    "title": "Employment service-providers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 55,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781129Z",
    "text": "Section 15) **Discrimination arising from disability**\n\n1) A person (A) discriminates against a disabled person (B) if— \n\ta) A treats B unfavourably because of something arising in consequence of B's disability, and \n\tb) A cannot show that the treatment is a proportionate means of achieving a legitimate aim. \n2) Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/15",
    "legislation_id": "ukpga/2010/15",
    "title": "Discrimination arising from disability",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781175Z",
    "text": "Section 25) **References to particular strands of discrimination**\n\n1) Age discrimination is— \n\ta) discrimination within section 13 because of age; \n\tb) discrimination within section 19 or 19A where the relevant protected characteristic is age. \n2) Disability discrimination is— \n\ta) discrimination within section 13 because of disability; \n\tb) discrimination within section 15; \n\tc) discrimination within section 19 or 19A where the relevant protected characteristic is disability; \n\td) discrimination within section 21. \n3) Gender reassignment discrimination is— \n\ta) discrimination within section 13 because of gender reassignment; \n\tb) discrimination within section 16; \n\tc) discrimination within section 19 or 19A where the relevant protected characteristic is gender reassignment. \n4) Marriage and civil partnership discrimination is— \n\ta) discrimination within section 13 because of marriage and civil partnership; \n\tb) discrimination within section 19 or 19A where the relevant protected characteristic is marriage and civil partnership. \n5) Pregnancy and maternity discrimination is discrimination within section 17 or 18. \n6) Race discrimination is— \n\ta) discrimination within section 13 because of race; \n\tb) discrimination within section 19 or 19A where the relevant protected characteristic is race. \n7) Religious or belief-related discrimination is— \n\ta) discrimination within section 13 because of religion or belief; \n\tb) discrimination within section 19 or 19A where the relevant protected characteristic is religion or belief. \n8) Sex discrimination is— \n\ta) discrimination within section 13 because of sex; \n\tb) discrimination within section 19 or 19A where the relevant protected characteristic is sex. \n9) Sexual orientation discrimination is— \n\ta) discrimination within section 13 because of sexual orientation; \n\tb) discrimination within section 19 or 19A where the relevant protected characteristic is sexual orientation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/25",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/25",
    "legislation_id": "ukpga/2010/15",
    "title": "References to particular strands of discrimination",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781117Z",
    "text": "Section 12) **Sexual orientation**\n\n1) Sexual orientation means a person's sexual orientation towards— \n\ta) persons of the same sex, \n\tb) persons of the opposite sex, or \n\tc) persons of either sex. \n2) In relation to the protected characteristic of sexual orientation— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a person who is of a particular sexual orientation; \n\tb) a reference to persons who share a protected characteristic is a reference to persons who are of the same sexual orientation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/12",
    "legislation_id": "ukpga/2010/15",
    "title": "Sexual orientation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781506Z",
    "text": "Section 96) **Qualifications bodies**\n\n1) A qualifications body (A) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding upon whom to confer a relevant qualification; \n\tb) as to the terms on which it is prepared to confer a relevant qualification on B; \n\tc) by not conferring a relevant qualification on B. \n2) A qualifications body (A) must not discriminate against a person (B) upon whom A has conferred a relevant qualification— \n\ta) by withdrawing the qualification from B; \n\tb) by varying the terms on which B holds the qualification; \n\tc) by subjecting B to any other detriment. \n3) A qualifications body must not, in relation to conferment by it of a relevant qualification, harass— \n\ta) a person who holds the qualification, or \n\tb) a person who applies for it. \n4) A qualifications body (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding upon whom to confer a relevant qualification; \n\tb) as to the terms on which it is prepared to confer a relevant qualification on B; \n\tc) by not conferring a relevant qualification on B. \n5) A qualifications body (A) must not victimise a person (B) upon whom A has conferred a relevant qualification— \n\ta) by withdrawing the qualification from B; \n\tb) by varying the terms on which B holds the qualification; \n\tc) by subjecting B to any other detriment. \n6) A duty to make reasonable adjustments applies to a qualifications body. \n7) Subsection (6) does not apply to the body in so far as the appropriate regulator specifies provisions, criteria or practices in relation to which the body— \n\ta) is not subject to a duty to make reasonable adjustments; \n\tb) is subject to a duty to make reasonable adjustments, but in relation to which such adjustments as the regulator specifies should not be made. \n8) For the purposes of subsection (7) the appropriate regulator must have regard to— \n\ta) the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities; \n\tb) the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred; \n\tc) the need to maintain public confidence in the qualification. \n9) The appropriate regulator— \n\ta) must not specify any matter for the purposes of subsection (7) unless it has consulted such persons as it thinks appropriate; \n\tb) must publish matters so specified (including the date from which they are to have effect) in such manner as is prescribed. \n10) The appropriate regulator is— \n\ta) in relation to a qualifications body that confers qualifications in England, a person prescribed by a Minister of the Crown; \n\tb) in relation to a qualifications body that confers qualifications in Wales, a person prescribed by the Welsh Ministers; \n\tc) in relation to a qualifications body that confers qualifications in Scotland, a person prescribed by the Scottish Ministers. \n11) For the purposes of subsection (10), a qualification is conferred in a part of Great Britain if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are or will be assessed for those purposes wholly or mainly in that part. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/96",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/96",
    "legislation_id": "ukpga/2010/15",
    "title": "Qualifications bodies",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 96,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781247Z",
    "text": "Section 35) **Management**\n\n1) A person (A) who manages premises must not discriminate against a person (B) who occupies the premises— \n\ta) in the way in which A allows B, or by not allowing B, to make use of a benefit or facility; \n\tb) by evicting B (or taking steps for the purpose of securing B's eviction); \n\tc) by subjecting B to any other detriment. \n2) A person who manages premises must not, in relation to their management, harass— \n\ta) a person who occupies them; \n\tb) a person who applies for them. \n3) A person (A) who manages premises must not victimise a person (B) who occupies the premises— \n\ta) in the way in which A allows B, or by not allowing B, to make use of a benefit or facility; \n\tb) by evicting B (or taking steps for the purpose of securing B's eviction); \n\tc) by subjecting B to any other detriment. \n4) In the application of section 26 for the purposes of subsection (2), neither of the following is a relevant protected characteristic— \n\ta) religion or belief; \n\tb) sexual orientation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/35",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/35",
    "legislation_id": "ukpga/2010/15",
    "title": "Management",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 35,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781317Z",
    "text": "Section 51) **Public offices: recommendations for appointments, etc.**\n\n1) A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) , (b) or (d) , must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval; \n\tb) by not recommending B for appointment to the office; \n\tc) by making a negative recommendation of B for appointment to the office; \n\td) by not giving approval to the appointment of B to the office. \n2) A person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) , (b) or (d) must not, in relation to the office, harass a person seeking or being considered for the recommendation or approval. \n3) A person (A) who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) , (b) or (d) , must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding who to recommend for appointment or to whose appointment to give approval; \n\tb) by not recommending B for appointment to the office; \n\tc) by making a negative recommendation of B for appointment to the office; \n\td) by not giving approval to the appointment of B to the office. \n4) A duty to make reasonable adjustments applies to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) , (b) or (d) . \n5) A reference in this section to a person who has the power to make a recommendation for or give approval to an appointment to a public office within section 50(2)(a) or (d) is a reference only to a relevant body which has that power; and for that purpose  “relevant body” means a body established— \n\ta) by or in pursuance of an enactment, or \n\tb) by a member of the executive. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/51",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/51",
    "legislation_id": "ukpga/2010/15",
    "title": "Public offices: recommendations for appointments, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 51,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781325Z",
    "text": "Section 53) **Qualifications bodies**\n\n1) A qualifications body (A) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding upon whom to confer a relevant qualification; \n\tb) as to the terms on which it is prepared to confer a relevant qualification on B; \n\tc) by not conferring a relevant qualification on B. \n2) A qualifications body (A) must not discriminate against a person (B) upon whom A has conferred a relevant qualification— \n\ta) by withdrawing the qualification from B; \n\tb) by varying the terms on which B holds the qualification; \n\tc) by subjecting B to any other detriment. \n3) A qualifications body must not, in relation to conferment by it of a relevant qualification, harass— \n\ta) a person who holds the qualification, or \n\tb) a person who applies for it. \n4) A qualifications body (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding upon whom to confer a relevant qualification; \n\tb) as to the terms on which it is prepared to confer a relevant qualification on B; \n\tc) by not conferring a relevant qualification on B. \n5) A qualifications body (A) must not victimise a person (B) upon whom A has conferred a relevant qualification— \n\ta) by withdrawing the qualification from B; \n\tb) by varying the terms on which B holds the qualification; \n\tc) by subjecting B to any other detriment. \n6) A duty to make reasonable adjustments applies to a qualifications body. \n7) The application by a qualifications body of a competence standard to a disabled person is not disability discrimination unless it is discrimination by virtue of section 19. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/53",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/53",
    "legislation_id": "ukpga/2010/15",
    "title": "Qualifications bodies",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 53,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781166Z",
    "text": "Section 23) **Comparison by reference to circumstances**\n\n1) On a comparison of cases for the purposes of section 13, 14, 19 or 19A there must be no material difference between the circumstances relating to each case. \n2) The circumstances relating to a case include a person's abilities if— \n\ta) on a comparison for the purposes of section 13, the protected characteristic is disability; \n\tb) on a comparison for the purposes of section 14, one of the protected characteristics in the combination is disability. \n3) If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is a civil partner while another is married  ... is not a material difference between the circumstances relating to each case. \n4) If the protected characteristic is sexual orientation, the fact that one person (whether or not the person referred to as B) is married to , or the civil partner of, a person of the same sex while another is married to , or the civil partner of, a person of the opposite sex is not a material difference between the circumstances relating to each case. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/23",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/23",
    "legislation_id": "ukpga/2010/15",
    "title": "Comparison by reference to circumstances",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781142Z",
    "text": "Section 18) **Pregnancy and maternity discrimination: work cases**\n\n1) This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of pregnancy and maternity. \n2) A person (A) discriminates against a woman if, in or after the protected period in relation to a pregnancy of hers, A treats her unfavourably — \n\ta) because of the pregnancy, or \n\tb) because of illness suffered by her in that protected period as a result of the pregnancy . \n3) A person (A) discriminates against a woman if A treats her unfavourably because she is on compulsory maternity leave or on equivalent compulsory maternity leave . \n4) A person (A) discriminates against a woman if A treats her unfavourably because she is exercising or seeking to exercise, or has exercised or sought to exercise, the right to ordinary or additional maternity leave or a right to equivalent maternity leave . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) The protected period, in relation to a woman's pregnancy, begins when the pregnancy begins, and ends— \n\ta) if she has the right to ordinary and additional maternity leave, at the end of the additional maternity leave period or (if earlier) when she returns to work after the pregnancy; \n\taa) if she does not have that right, but has a right to equivalent maternity leave, at the end of that leave period, or (if earlier) when she returns to work after the pregnancy; \n\tb) if she does not have a right as described in paragraph (a) or (aa) , at the end of the period of 2 weeks beginning with the end of the pregnancy. \n6A) For the purposes of this section— \n\t- “equivalent compulsory maternity leave” means a period of leave— which is of a substantially similar nature (regardless of its length) to compulsory maternity leave, andwhich is provided for under a statutory or contractual scheme;\n\t- “equivalent maternity leave” means a period of leave— which is of a substantially similar nature (regardless of its length) to ordinary or additional maternity leave or both, andwhich is provided for under a statutory or contractual scheme.\n7) Section 13, so far as relating to sex discrimination, does not apply to treatment of a woman in so far as— \n\ta) it is in or after the protected period in relation to her and is for a reason mentioned in paragraph (a) or (b) of subsection (2), or \n\tb) it is for a reason mentioned in subsection (3) or (4). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/18",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/18",
    "legislation_id": "ukpga/2010/15",
    "title": "Pregnancy and maternity discrimination: work cases",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781305Z",
    "text": "Section 48) **Advocates**\n\n1) An advocate (A) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable; \n\tb) as to the terms on which A offers to take B as A's devil or offers B membership of a stable; \n\tc) by not offering to take B as A's devil or not offering B membership of a stable. \n2) An advocate (A) must not discriminate against a person (B) who is a devil or a member of a stable— \n\ta) as to the terms on which B is a devil or a member of the stable; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service; \n\tc) by terminating A's relationship with B (where B is a devil); \n\td) by subjecting B to pressure to leave the stable; \n\te) by subjecting B to any other detriment. \n3) An advocate must not, in relation to a relationship with a devil or membership of a stable, harass— \n\ta) a devil or member; \n\tb) a person who has applied to be taken as the advocate's devil or to become a member of the stable. \n4) An advocate (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding who to take as A's devil or to whom to offer membership of a stable; \n\tb) as to the terms on which A offers to take B as A's devil or offers B membership of a stable; \n\tc) by not offering to take B as A's devil or not offering B membership of a stable. \n5) An advocate (A) must not victimise a person (B) who is a devil or a member of a stable— \n\ta) as to the terms on which B is a devil or a member of the stable; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service; \n\tc) by terminating A's relationship with B (where B is a devil); \n\td) by subjecting B to pressure to leave the stable; \n\te) by subjecting B to any other detriment. \n6) A person must not, in relation to instructing an advocate— \n\ta) discriminate against the advocate by subjecting the advocate to a detriment; \n\tb) harass the advocate; \n\tc) victimise the advocate. \n7) A duty to make reasonable adjustments applies to an advocate. \n8) This section (apart from subsection (6)) applies in relation to an advocate's clerk as it applies in relation to an advocate; and for that purpose the reference to an advocate's clerk includes a reference to a person who carries out the functions of an advocate's clerk. \n9) “Advocate” means a practising member of the Faculty of Advocates. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/48",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/48",
    "legislation_id": "ukpga/2010/15",
    "title": "Advocates",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 48,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781243Z",
    "text": "Section 34) **Permission for disposal**\n\n1) A person whose permission is required for the disposal of premises must not discriminate against another by not giving permission for the disposal of the premises to the other. \n2) A person whose permission is required for the disposal of premises must not, in relation to an application for permission to dispose of the premises, harass a person— \n\ta) who applies for permission to dispose of the premises, or \n\tb) to whom the disposal would be made if permission were given. \n3) A person whose permission is required for the disposal of premises must not victimise another by not giving permission for the disposal of the premises to the other. \n4) In the application of section 26 for the purposes of subsection (2), neither of the following is a relevant protected characteristic— \n\ta) religion or belief; \n\tb) sexual orientation. \n5) This section does not apply to anything done in the exercise of a judicial function. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/34",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/34",
    "legislation_id": "ukpga/2010/15",
    "title": "Permission for disposal",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 34,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781096Z",
    "text": "Section 7) **Gender reassignment**\n\n1) A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex. \n2) A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment. \n3) In relation to the protected characteristic of gender reassignment— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a transsexual person; \n\tb) a reference to persons who share a protected characteristic is a reference to transsexual persons. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/7",
    "legislation_id": "ukpga/2010/15",
    "title": "Gender reassignment",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781590Z",
    "text": "Section 117) **National security**\n\n1) Rules of court may, in relation to proceedings on a claim within section 114, confer power as mentioned in subsections (2) to (4); but a power so conferred is exercisable only if the court thinks it expedient to do so in the interests of national security. \n2) The rules may confer power to exclude from all or part of the proceedings— \n\ta) the claimant or pursuer; \n\tb) a representative of the claimant or pursuer; \n\tc) an assessor. \n3) The rules may confer power to permit a claimant, pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or part of the proceedings, to which the exclusion relates. \n4) The rules may confer power to take steps to keep secret all or part of the reasons for the court's decision. \n5) The Attorney General or, in Scotland, the Advocate General for Scotland may appoint a person to represent the interests of a claimant or pursuer in, or in any part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b) relates. \n6) A person (P) may be appointed under subsection (5) only if— \n\ta) in relation to proceedings in England and Wales, P is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation; \n\tb) in relation to proceedings in Scotland, P is an advocate or qualified to practice as a solicitor in Scotland. \n7) P is not responsible to the person whose interests P is appointed to represent. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/117",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/117",
    "legislation_id": "ukpga/2010/15",
    "title": "National security",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 117,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781269Z",
    "text": "Section 40) **Employees and applicants: harassment**\n\n1) An employer (A) must not, in relation to employment by A, harass a person (B)— \n\ta) who is an employee of A's; \n\tb) who has applied to A for employment. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/40",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/40",
    "legislation_id": "ukpga/2010/15",
    "title": "Employees and applicants: harassment",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 40,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781133Z",
    "text": "Section 16) **Gender reassignment discrimination: cases of absence from work**\n\n1) This section has effect for the purposes of the application of Part 5 (work) to the protected characteristic of gender reassignment. \n2) A person (A) discriminates against a transsexual person (B) if, in relation to an absence of B's that is because of gender reassignment, A treats B less favourably than A would treat B if— \n\ta) B's absence was because of sickness or injury, or \n\tb) B's absence was for some other reason and it is not reasonable for B to be treated less favourably. \n3) A person's absence is because of gender reassignment if it is because the person is proposing to undergo, is undergoing or has undergone the process (or part of the process) mentioned in section 7(1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/16",
    "legislation_id": "ukpga/2010/15",
    "title": "Gender reassignment discrimination: cases of absence from work",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781534Z",
    "text": "Section 103) **Sections 101 and 102: further provision**\n\n1) A duty to make reasonable adjustments applies to an association. \n2) In the application of section 26 for the purposes of section 101(4) or 102(3), neither of the following is a relevant protected characteristic— \n\ta) religion or belief; \n\tb) sexual orientation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/103",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/103",
    "legislation_id": "ukpga/2010/15",
    "title": "Sections 101 and 102: further provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 103,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781969Z",
    "text": "Section 189) **Reasonable adjustments**\nSchedule 21 (reasonable adjustments: supplementary) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/189",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/189",
    "legislation_id": "ukpga/2010/15",
    "title": "Reasonable adjustments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 189,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781342Z",
    "text": "Section 57) **Trade organisations**\n\n1) A trade organisation (A) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer membership of the organisation; \n\tb) as to the terms on which it is prepared to admit B as a member; \n\tc) by not accepting B's application for membership. \n2) A trade organisation (A) must not discriminate against a member (B)— \n\ta) in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service; \n\tb) by depriving B of membership; \n\tc) by varying the terms on which B is a member; \n\td) by subjecting B to any other detriment. \n3) A trade organisation must not, in relation to membership of it, harass— \n\ta) a member, or \n\tb) an applicant for membership. \n4) A trade organisation (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer membership of the organisation; \n\tb) as to the terms on which it is prepared to admit B as a member; \n\tc) by not accepting B's application for membership. \n5) A trade organisation (A) must not victimise a member (B)— \n\ta) in the way it affords B access, or by not affording B access, to opportunities for receiving a benefit, facility or service; \n\tb) by depriving B of membership; \n\tc) by varying the terms on which B is a member; \n\td) by subjecting B to any other detriment. \n6) A duty to make reasonable adjustments applies to a trade organisation. \n7) A trade organisation is— \n\ta) an organisation of workers, \n\tb) an organisation of employers, or \n\tc) any other organisation whose members carry on a particular trade or profession for the purposes of which the organisation exists. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/57",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/57",
    "legislation_id": "ukpga/2010/15",
    "title": "Trade organisations",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 57,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781301Z",
    "text": "Section 47) **Barristers**\n\n1) A barrister (A) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer a pupillage or tenancy; \n\tb) as to the terms on which A offers B a pupillage or tenancy; \n\tc) by not offering B a pupillage or tenancy. \n2) A barrister (A) must not discriminate against a person (B) who is a pupil or tenant— \n\ta) as to the terms on which B is a pupil or tenant; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service; \n\tc) by terminating the pupillage; \n\td) by subjecting B to pressure to leave chambers; \n\te) by subjecting B to any other detriment. \n3) A barrister must not, in relation to a pupillage or tenancy, harass— \n\ta) the pupil or tenant; \n\tb) a person who has applied for the pupillage or tenancy. \n4) A barrister (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding to whom to offer a pupillage or tenancy; \n\tb) as to the terms on which A offers B a pupillage or tenancy; \n\tc) by not offering B a pupillage or tenancy. \n5) A barrister (A) must not victimise a person (B) who is a pupil or tenant— \n\ta) as to the terms on which B is a pupil or tenant; \n\tb) in the way A affords B access, or by not affording B access, to opportunities for training or gaining experience or for receiving any other benefit, facility or service; \n\tc) by terminating the pupillage; \n\td) by subjecting B to pressure to leave chambers; \n\te) by subjecting B to any other detriment. \n6) A person must not, in relation to instructing a barrister— \n\ta) discriminate against a barrister by subjecting the barrister to a detriment; \n\tb) harass the barrister; \n\tc) victimise the barrister. \n7) A duty to make reasonable adjustments applies to a barrister. \n8) The preceding provisions of this section (apart from subsection (6)) apply in relation to a barrister's clerk as they apply in relation to a barrister; and for that purpose the reference to a barrister's clerk includes a reference to a person who carries out the functions of a barrister's clerk. \n9) A reference to a tenant includes a reference to a barrister who is permitted to work in chambers (including as a squatter or door tenant); and a reference to a tenancy is to be construed accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/47",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/47",
    "legislation_id": "ukpga/2010/15",
    "title": "Barristers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 47,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781137Z",
    "text": "Section 17) **Pregnancy and maternity discrimination: non-work cases**\n\n1) This section has effect for the purposes of the application to the protected characteristic of pregnancy and maternity of— \n\ta) Part 3 (services and public functions); \n\tb) Part 4 (premises); \n\tc) Part 6 (education); \n\td) Part 7 (associations). \n2) A person (A) discriminates against a woman if A treats her unfavourably because of a pregnancy of hers. \n3) A person (A) discriminates against a woman if, in the period of 26 weeks beginning with the day on which she gives birth, A treats her unfavourably because she has given birth. \n4) The reference in subsection (3) to treating a woman unfavourably because she has given birth includes, in particular, a reference to treating her unfavourably because she is breast-feeding. \n5) For the purposes of this section, the day on which a woman gives birth is the day on which— \n\ta) she gives birth to a living child, or \n\tb) she gives birth to a dead child (more than 24 weeks of the pregnancy having passed). \n6) Section 13, so far as relating to sex discrimination, does not apply to anything done in relation to a woman in so far as— \n\ta) it is for the reason mentioned in subsection (2), or \n\tb) it is in the period, and for the reason, mentioned in subsection (3). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/17",
    "legislation_id": "ukpga/2010/15",
    "title": "Pregnancy and maternity discrimination: non-work cases",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781514Z",
    "text": "Section 98) **Reasonable adjustments**\nSchedule 13 (reasonable adjustments) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/98",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/98",
    "legislation_id": "ukpga/2010/15",
    "title": "Reasonable adjustments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 98,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781545Z",
    "text": "Section 106) **Information about diversity in range of candidates, etc.**\n\n1) This section applies to an association which is a registered political party. \n2) If the party had candidates at a relevant election, the party must, in accordance with regulations, publish information relating to protected characteristics of persons who come within a description prescribed in the regulations in accordance with subsection (3). \n3) One or more of the following descriptions may be prescribed for the purposes of subsection (2)— \n\ta) successful applicants for nomination as a candidate at the relevant election; \n\tb) unsuccessful applicants for nomination as a candidate at that election; \n\tc) candidates elected at that election; \n\td) candidates who are not elected at that election. \n4) The duty imposed by subsection (2) applies only in so far as it is possible to publish information in a manner that ensures that no person to whom the information relates can be identified from that information. \n5) The following elections are relevant elections— \n\ta) Parliamentary Elections; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) elections to the Scottish Parliament; \n\td) elections to the National Assembly for Wales. \n6) This section does not apply to the following protected characteristics— \n\ta) marriage and civil partnership; \n\tb) pregnancy and maternity. \n7) The regulations may provide that the information to be published— \n\ta) must (subject to subsection (6)) relate to all protected characteristics or only to such as are prescribed; \n\tb) must include a statement, in respect of each protected characteristic to which the information relates, of the proportion that the number of persons who provided the information to the party bears to the number of persons who were asked to provide it. \n8) Regulations under this section may prescribe— \n\ta) descriptions of information; \n\tb) descriptions of political party to which the duty is to apply; \n\tc) the time at which information is to be published; \n\td) the form and manner in which information is to be published; \n\te) the period for which information is to be published. \n9) Provision by virtue of subsection (8)(b) may, in particular, provide that the duty imposed by subsection (2) does not apply to a party which had candidates in fewer constituencies in the election concerned than a prescribed number. \n10) Regulations under this section— \n\ta) may provide that the duty imposed by subsection (2) applies only to such relevant elections as are prescribed; \n\tb) may provide that a by-election or other election to fill a vacancy is not to be treated as a relevant election or is to be so treated only to a prescribed extent; \n\tc) may amend this section so as to provide for the duty imposed by subsection (2) to apply in the case of additional descriptions of election. \n11) Nothing in this section authorises a political party to require a person to provide information to it. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/106",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/106",
    "legislation_id": "ukpga/2010/15",
    "title": "Information about diversity in range of candidates, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 106,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782205Z",
    "text": "Section 214) **Index of defined expressions**\nSchedule 28 lists the places where expressions used in this Act are defined or otherwise explained. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/214",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/214",
    "legislation_id": "ukpga/2010/15",
    "title": "Index of defined expressions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 214,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781526Z",
    "text": "Section 101) **Members and associates**\n\n1) An association (A) must not discriminate against a person (B)— \n\ta) in the arrangements A makes for deciding who to admit to membership; \n\tb) as to the terms on which A is prepared to admit B to membership; \n\tc) by not accepting B's application for membership. \n2) An association (A) must not discriminate against a member (B)— \n\ta) in the way A affords B access, or by not affording B access, to a benefit, facility or service; \n\tb) by depriving B of membership; \n\tc) by varying B's terms of membership; \n\td) by subjecting B to any other detriment. \n3) An association (A) must not discriminate against an associate (B)— \n\ta) in the way A affords B access, or by not affording B access, to a benefit, facility or service; \n\tb) by depriving B of B's rights as an associate; \n\tc) by varying B's rights as an associate; \n\td) by subjecting B to any other detriment. \n4) An association must not harass— \n\ta) a member; \n\tb) a person seeking to become a member; \n\tc) an associate. \n5) An association (A) must not victimise a person (B)— \n\ta) in the arrangements A makes for deciding who to admit to membership; \n\tb) as to the terms on which A is prepared to admit B to membership; \n\tc) by not accepting B's application for membership. \n6) An association (A) must not victimise a member (B)— \n\ta) in the way A affords B access, or by not affording B access, to a benefit, facility or service; \n\tb) by depriving B of membership; \n\tc) by varying B's terms of membership; \n\td) by subjecting B to any other detriment. \n7) An association (A) must not victimise an associate (B)— \n\ta) in the way A affords B access, or by not affording B access, to a benefit, facility or service; \n\tb) by depriving B of B's rights as an associate; \n\tc) by varying B's rights as an associate; \n\td) by subjecting B to any other detriment. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/101",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/101",
    "legislation_id": "ukpga/2010/15",
    "title": "Members and associates",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 101,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781108Z",
    "text": "Section 10) **Religion or belief**\n\n1) Religion means any religion and a reference to religion includes a reference to a lack of religion. \n2) Belief means any religious or philosophical belief and a reference to belief includes a reference to a lack of belief. \n3) In relation to the protected characteristic of religion or belief— \n\ta) a reference to a person who has a particular protected characteristic is a reference to a person of a particular religion or belief; \n\tb) a reference to persons who share a protected characteristic is a reference to persons who are of the same religion or belief. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/10",
    "legislation_id": "ukpga/2010/15",
    "title": "Religion or belief",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781806Z",
    "text": "Section 162) **Designated transport facilities**\n\n1) The appropriate authority may by regulations provide for the application of any taxi provision (with or without modification) to— \n\ta) vehicles used for the provision of services under a franchise agreement, or \n\tb) drivers of such vehicles. \n2) A franchise agreement is a contract entered into by the operator of a designated transport facility for the provision, by the other party to the contract, of hire car services— \n\ta) for members of the public using any part of the facility, and \n\tb) which involve vehicles entering any part of the facility. \n3) In this section— \n\t- “appropriate authority” means— in relation to transport facilities in England and Wales, the Secretary of State;in relation to transport facilities in Scotland, the Scottish Ministers;\n\t- “designated” means designated by order made by the appropriate authority;\n\t- “hire car” has such meaning as is prescribed by the appropriate authority;\n\t- “operator”, in relation to a transport facility, means a person who is concerned with the management or operation of the facility;\n\t- “taxi provision” means a provision of— this Chapter, orregulations made in pursuance of section 20(2A) of the Civic Government (Scotland) Act 1982, which applies in relation to taxis or drivers of taxis;\n\t- “transport facility” means premises which form part of a port, airport, railway station or bus station.\n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/162",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/162",
    "legislation_id": "ukpga/2010/15",
    "title": "Designated transport facilities",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 162,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781474Z",
    "text": "Section 88) **Disabled pupils: accessibility**\nSchedule 10 (accessibility) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/88",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/88",
    "legislation_id": "ukpga/2010/15",
    "title": "Disabled pupils: accessibility",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 88,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.782309Z",
    "text": "SCHEDULE 16 Associations: exceptions Section 107 *Single characteristic associations*\n\n1) \n1) An association does not contravene section 101(1) by restricting membership to persons who share a protected characteristic. \n2) An association that restricts membership to persons who share a protected characteristic does not breach section 101(3) by restricting the access by associates to a benefit, facility or service to such persons as share the characteristic. \n3) An association that restricts membership to persons who share a protected characteristic does not breach section 102(1) by inviting as guests, or by permitting to be invited as guests, only such persons as share the characteristic. \n4) Sub-paragraphs (1) to (3), so far as relating to race, do not apply in relation to colour. \n5) This paragraph does not apply to an association that is a registered political party. *Age*\n\n1A) \n1) An association does not contravene section 101(1) or (2), so far as relating to age discrimination, by giving a concession on admission to membership for— \n\ta) persons of a particular age group, or \n\tb) persons who have been members of the association for more than a number of years specified by the association for this purpose. \n2) An association does not contravene section 101(2) or (3), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for— \n\ta) members of a particular age group, or \n\tb) persons who have been members of the association for more than a number of years specified by the association for this purpose. \n3) An association does not contravene section 102(1), so far as relating to age discrimination, by giving a concession on invitations of persons of a particular age group as guests. \n4) An association does not contravene section 102(2), so far as relating to age discrimination, by giving a concession on access to a benefit, facility or service for guests of a particular age group. \n5) For the purposes of this paragraph, affording only persons of a particular age group access to a benefit, facility or service for a limited time is to be regarded as a concession. \n6) The reference to a concession in respect of something done by an association is a reference to a benefit, right or privilege having the effect that the manner in which, or the terms on which, it does it are more favourable than the manner in which, or the terms on which, it usually does the thing. *Health and safety*\n\n2) \n1) An association (A) does not discriminate against a pregnant woman in contravention of section 101(1)(b) because she is pregnant if— \n\ta) the terms on which A is prepared to admit her to membership include a term intended to remove or reduce a risk to her health or safety, \n\tb) A reasonably believes that admitting her to membership on terms which do not include that term would create a risk to her health or safety, \n\tc) the terms on which A is prepared to admit persons with other physical conditions to membership include a term intended to remove or reduce a risk to their health or safety, and \n\td) A reasonably believes that admitting them to membership on terms which do not include that term would create a risk to their health or safety. \n2) Sub-paragraph (1) applies to section 102(1)(b) as it applies to section 101(1)(b); and for that purpose a reference to admitting a person to membership is to be read as a reference to inviting the person as a guest or permitting the person to be invited as a guest. \n3) An association (A) does not discriminate against a pregnant woman in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if— \n\ta) the way in which A affords her access to a benefit, facility or service is intended to remove or reduce a risk to her health or safety, \n\tb) A reasonably believes that affording her access to the benefit, facility or service otherwise than in that way would create a risk to her health or safety, \n\tc) A affords persons with other physical conditions access to the benefit, facility or service in a way that is intended to remove or reduce a risk to their health or safety, and \n\td) A reasonably believes that affording them access to the benefit, facility or service otherwise than in that way would create a risk to their health or safety. \n4) An association (A) which does not afford a pregnant woman access to a benefit, facility or service does not discriminate against her in contravention of section 101(2)(a) or (3)(a) or 102(2)(a) because she is pregnant if— \n\ta) A reasonably believes that affording her access to the benefit, facility or service would, because she is pregnant, create a risk to her health or safety, \n\tb) A does not afford persons with other physical conditions access to the benefit, facility or service, and \n\tc) the reason for not doing so is that A reasonably believes that affording them access to the benefit, facility or service would create a risk to their health or safety. \n5) An association (A) does not discriminate against a pregnant woman under section 101(2)(c) or (3)(c) because she is pregnant if— \n\ta) the variation of A's terms of membership, or rights as an associate, is intended to remove or reduce a risk to her health or safety, \n\tb) A reasonably believes that not making the variation to A's terms or rights would create a risk to her health or safety, \n\tc) A varies the terms of membership, or rights as an associate, of persons with other physical conditions, \n\td) the variation of their terms or rights is intended to remove or reduce a risk to their health or safety, and \n\te) A reasonably believes that not making the variation to their terms or rights would create a risk to their health or safety. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/schedule/16",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/schedule/16",
    "legislation_id": "ukpga/2010/15",
    "title": "Associations: exceptions",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T14:47:58.781162Z",
    "text": "Section 22) **Regulations**\n\n1) Regulations may prescribe— \n\ta) matters to be taken into account in deciding whether it is reasonable for A to take a step for the purposes of a prescribed provision of an applicable Schedule; \n\tb) descriptions of persons to whom the first, second or third requirement does not apply. \n2) Regulations may make provision as to— \n\ta) circumstances in which it is, or in which it is not, reasonable for a person of a prescribed description to have to take steps of a prescribed description; \n\tb) what is, or what is not, a provision, criterion or practice; \n\tc) things which are, or which are not, to be treated as physical features; \n\td) things which are, or which are not, to be treated as alterations of physical features; \n\te) things which are, or which are not, to be treated as auxiliary aids. \n3) Provision made by virtue of this section may amend an applicable Schedule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2010/15/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/2010/15/section/22",
    "legislation_id": "ukpga/2010/15",
    "title": "Regulations",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 2010,
    "legislation_number": 15,
    "act_name": "Equality Act 2010"
  },
  {
    "created_at": "2026-02-21T02:25:36.638815Z",
    "text": "Section 309) **Short title**\nThis Act may be cited as the Health and Social Care Act 2012. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/309",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/309",
    "legislation_id": "ukpga/2012/7",
    "title": "Short title",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 309,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638735Z",
    "text": "Section 289) **Care Quality Commission: duty to co-operate with Monitor**\n\n1) Section 70 of the Health and Social Care Act 2008 (co-operation between the Commission and the Independent Regulator of NHS foundation trusts) is amended as follows. \n2) For subsection (1) substitute— \n1) The Commission must co-operate with Monitor in the exercise of their respective functions. \n3) For subsection (2) substitute— \n2) In particular the Commission must— \n\ta) give Monitor any information the Commission has about the provision of health care which the Commission or Monitor considers would assist Monitor in the exercise of its functions, \n\tb) make arrangements with Monitor to ensure that— \n\t\ti) a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and \n\t\tii) such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and \n\tc) seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act. \n4) In subsection (3)— \n\ta) for  “Independent Regulator” substitute  “Monitor”, and \n\tb) for  “an NHS foundation trust” substitute  “a person who holds a licence under the Health and Social Care Act 2012”. \n5) After that subsection insert— \n4) In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act. \n6) In the heading of that section, for  “Independent Regulator of NHS Foundation Trusts” substitute  “Monitor”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/289",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/289",
    "legislation_id": "ukpga/2012/7",
    "title": "Care Quality Commission: duty to co-operate with Monitor",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 289,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637436Z",
    "text": "Section 8) **Secretary of State's duty as to reporting on and reviewing treatment of providers**\nAfter section 1F of the National Health Service Act 2006 insert— \n\nSection 1G) **Secretary of State's duty as to reporting on and reviewing treatment of providers**\n\n1) The Secretary of State must, within one year of the passing of the Health and Social Care Act 2012, lay a report before Parliament on the treatment of NHS health care providers as respects any matter, including taxation, which might affect their ability to provide health care services for the purposes of the NHS or the reward available to them for doing so. \n2) The report must include recommendations as to how any differences in the treatment of NHS health care providers identified in the report could be addressed. \n3) The Secretary of State must keep under review the treatment of NHS health care providers as respects any such matter as is mentioned in subsection (1). \n4) In this section— \n\ta) “NHS health care providers” means persons providing or intending to provide health care services for the purposes of the NHS, and \n\tb) “health care services for the purposes of the NHS” has the same meaning as in Part 3 of the Health and Social Care Act 2012. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/8",
    "legislation_id": "ukpga/2012/7",
    "title": "Secretary of State's duty as to reporting on and reviewing treatment of providers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638386Z",
    "text": "Section 214) **The Health and Care Professions Council**\n\n1) The body corporate known as the Health Professions Council— \n\ta) is to continue to exist, and \n\tb) is to change its name to the Health and Care Professions Council. \n2) In article 3 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) (the Council and its Committees), for sub-paragraph (1) substitute— \n1) The Health and Care Professions Council is referred to in this Order as  “the Council”. \n3) For the title to that article substitute  “The Health and Care Professions Council and its Committees”. \n4) In Schedule 3 to that Order (interpretation), in the definition of  “the Council” in paragraph 1, for  “the Health Professions Council established under article 3” substitute  “the Health and Care Professions Council (formerly known as the Health Professions Council and continued in existence by section 214 of the Health and Social Care Act 2012)”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/214",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/214",
    "legislation_id": "ukpga/2012/7",
    "title": "The Health and Care Professions Council",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 214,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638417Z",
    "text": "Section 222) **The Professional Standards Authority for Health and Social Care**\n\n1) The body corporate known as the Council for Healthcare Regulatory Excellence— \n\ta) is to continue to exist, and \n\tb) is to change its name to the Professional Standards Authority for Health and Social Care. \n2) In consequence of that, in section 25 of the National Health Service Reform and Health Care Professions Act 2002 (which establishes the Council for Healthcare Regulatory Excellence), in subsection (1)— \n\ta) for  “the Council for Healthcare Regulatory Excellence” substitute  “the Professional Standards Authority for Health and Social Care”, and \n\tb) for  ““the Council”” substitute  ““the Authority””. \n3) For the title of section 25 of that Act substitute  “The Professional Standards Authority for Health and Social Care”. \n4) For the cross-heading preceding that section substitute  “The Professional Standards Authority for Health and Social Care”. \n5) For the title of Part 2 of that Act substitute  “Health and Social Care Professions etc.”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/222",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/222",
    "legislation_id": "ukpga/2012/7",
    "title": "The Professional Standards Authority for Health and Social Care",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 222,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638945Z",
    "text": "SCHEDULE 19 Part 9: consequential amendments Section 277 *Public Bodies (Admission to Meetings) Act 1960 (c. 67)*\n\n1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (n) (inserted by Schedule 17) insert— \n\to) the Health and Social Care Information Centre. *Parliamentary Commissioner Act 1967 (c. 13)*\n\n2) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “\n                Health and Social Care Information Centre.\n         ” *House of Commons Disqualification Act 1975 (c. 24)*\n\n3) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “\n                The Health and Social Care Information Centre.\n         ” *Northern Ireland Assembly Disqualification Act 1975 (c. 25)*\n\n4) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “\n                The Health and Social Care Information Centre.\n         ” *Access to Health Records Act 1990 (c. 23)*\n\n5) In section 11 of the Access to Health Records Act 1990 (interpretation) in the definition of  “health service body”, at the end insert— \n\tf) the Health and Social Care Information Centre; . *Employment Rights Act 1996 (c. 18)*\n\n6) \n1) The Employment Rights Act 1996 is amended as follows. \n2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ac) (inserted by Schedule 17) insert— \n\tad) the Health and Social Care Information Centre, . \n3) In section 218 (change of employer) in subsection (10), after paragraph (cc) (inserted by Schedule 17) insert— \n\tcd) the Health and Social Care Information Centre, . *Data Protection Act 1998 (c. 29)*\n\n7) In section 69 of the Data Protection Act 1998 (meaning of  “health professional”) in subsection (3), after paragraph (fb) (inserted by Schedule 17) insert— \n\tfc) the Health and Social Care Information Centre, . *Freedom of Information Act 2000 (c. 36)*\n\n8) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “\n                The Health and Social Care Information Centre.\n         ” *National Health Service Act 2006 (c. 41)*\n\n9) \n1) The National Health Service Act 2006 is amended as follows. \n2) In section 9 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert— \n\tkb) the Health and Social Care Information Centre, . \n3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (da) (inserted by Schedule 17) insert— \n\tdb) the Health and Social Care Information Centre, . \n4) In section 72 (co-operation between NHS bodies), after subsection (2) (inserted by Schedule 17 to this Act) insert— \n3) For the purposes of this section, the Health and Social Care Information Centre is an NHS body. *National Health Service (Wales) Act 2006 (c. 42)*\n\n10) \n1) The National Health Service (Wales) Act 2006 is amended as follows. \n2) In section 7 (NHS contracts) in subsection (4), after paragraph (ka) (inserted by Schedule 17) insert— \n\tkb) the Health and Social Care Information Centre, . *Health and Social Care Act 2008 (c. 14)*\n\n11) In section 64 of the Health and Social Care Act 2008 (power of the Care Quality Commission to require documents and information etc. from certain persons) in subsection (2)— \n\ta) omit the  “or” after paragraph (d), and \n\tb) after paragraph (e) insert , or \n\t\tf) the Health and Social Care Information Centre. *Health Act 2009 (c. 21)*\n\n12) In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution), in subsection (2) after paragraph (da) (inserted by Schedule 17) insert— \n\tdb) the Health and Social Care Information Centre; . *Equality Act 2010 (c. 15)*\n\n13) In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “\n                The Health and Social Care Information Centre.\n         ” ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/19",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/19",
    "legislation_id": "ukpga/2012/7",
    "title": "Part 9: consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638919Z",
    "text": "SCHEDULE 13 Part 3: minor and consequential amendments Section 150 *General*\n\n1) \n1) Any reference in an instrument or document to the Independent Regulator of NHS Foundation Trusts is to be read, in relation to any time after the commencement of section 61, as a reference to Monitor. \n2) Any reference in this Act or in any other enactment, instrument or document to Monitor is to be read, in relation to any time before that commencement, as a reference to the Independent Regulator of NHS Foundation Trusts. *Public Bodies (Admission to Meetings) Act 1960 (c. 67)*\n\n2) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bj) insert— \n\tbk) Monitor; . *Parliamentary Commissioner Act 1967 (c. 13)*\n\n3) \n1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)— \n\ta) at the appropriate place insert— “\n                        Monitor.\n             ” , and \n\tb) omit the entry for the Independent Regulator of NHS Foundation Trusts. \n2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 17 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question). *Superannuation Act 1972 (c. 11)*\n\n4) \n1) In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Independent Regulator of NHS Foundation Trusts. \n2) In consequence of that repeal, omit paragraph 5(3) of Schedule 2 to the Health and Social Care (Community Health and Standards) 2003 (which inserted the entry in question). *House of Commons Disqualification Act 1975 (c. 24)*\n\n5) \n1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)— \n\ta) at the appropriate place insert— “\n                        Chair or other member of Monitor.\n             ” , and \n\tb) omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts. \n2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 18 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question). *Northern Ireland Assembly Disqualification Act 1975 (c. 25)*\n\n6) \n1) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)— \n\ta) at the appropriate place insert— “\n                        Chair or other member of Monitor.\n             ” , and \n\tb) omit the entry for the Chairman and other members of the Independent Regulator of NHS Foundation Trusts. \n2) In consequence of the repeal made by sub-paragraph (1)(b), omit paragraph 19 of Schedule 2 to the Health and Social Care (Community Health and Standards) Act 2003 (which inserted the entry in question). *Freedom of Information Act 2000 (c. 36)*\n\n7) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general)— \n\ta) at the appropriate place insert— “\n                    Monitor.\n           ” , and \n\tb) omit the entry for the Independent Regulator of NHS Foundation Trusts. *National Health Service Act 2006 (c. 41)*\n\n8) The National Health Service Act 2006 is amended as follows. \n9) \n1) Omit section 31 and Schedule 8 (continuation and constitution of the Independent Regulator of NHS Foundation Trusts). \n2) In consequence of that repeal, omit paragraph 12 of Schedule 3 to the Health Act 2009 (which amended Schedule 8). \n10) \n1) Omit section 32 (general duty of regulator). \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11) In section 275(1) (general interpretation), at the appropriate place, insert— “the regulator” means Monitor, . \n12) In section 276 (index of defined expressions), in the entry for  “the regulator”, for  “section 31(1)” substitute  “section 275(1)”. *National Health Service (Wales) Act 2006 (c. 42)*\n\n13) In section 184(2)(b) of the National Health Service (Wales) Act 2006 (matters to be contained in reports by overview and scrutiny committee of local authority), for  “the Independent Regulator of NHS Foundation Trusts” substitute  “Monitor”. *Health and Social Care Act 2008 (c. 14)*\n\n14) The Health and Social Care Act 2008 is amended as follows. \n15) In section 30(3) (urgent applications for cancellation of registration of service provider: notice requirements), for paragraph (c) substitute— \n\tc) where the person registered as a service provider is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor, . \n16) In section 39(1) (notice requirements in relation to certain matters), for paragraph (c) substitute— \n\tc) where the person registered as a service provider in respect of the activity is a person who holds a licence under Chapter 3 of Part 3 of the Health and Social Care Act 2012, to Monitor, . \n17) In section 59 (power for Secretary of State to confer additional functions on Care Quality Commission), for subsection (2) substitute— \n2) The Secretary of State must consult Monitor before making provision under subsection (1) in relation to persons who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012. *Health Act 2009 (c. 21)*\n\n18) In section 2(2) of the Health Act 2009 (bodies required to have regard to NHS Constitution), for paragraph (f) substitute— \n\tf) Monitor; . *Equality Act 2010 (c.15)*\n\n19) In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty), for the entry for the Independent Regulator of NHS Foundation Trusts substitute  “Monitor”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/13",
    "legislation_id": "ukpga/2012/7",
    "title": "Part 3: minor and consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638702Z",
    "text": "Section 280) **The National Information Governance Board for Health and Social Care**\n\n1) The National Information Governance Board for Health and Social Care is abolished. \n2) Omit sections 250A to 250D of the National Health Service Act 2006 (which established the Board). \n3) After section 20 of the Health and Social Care Act 2008 insert— \n\nSection 20A) **Functions relating to processing of information by registered persons**\n\n1) The Commission has the following functions in relation to the processing of relevant information— \n\ta) to monitor the practice followed by registered persons in relation to such processing, and \n\tb) to keep the National Health Service Commissioning Board and Monitor informed about the practice being followed by registered persons in relation to such processing. \n2) The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information. \n3) In this section  “relevant information” means— \n\ta) patient information, \n\tb) any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006, \n\tc) any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and \n\td) any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care. \n4) In subsection (3)  “patient information” means— \n\ta) information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and \n\tb) information (however recorded) which is to any extent derived, directly or indirectly, from that information, whether or not the identity of the individual in question is ascertainable from the information. \n5) In this section— \n\t- “adult placement scheme” and  “personal care” each have such meaning as they have from time to time in regulations under section 20;\n\t- “processing”, in relation to information, has the same meaning as in the Data Protection Act 1998;\n\t- “registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.\n4) In section 80(3) of that Act (persons Commission must consult before publishing code of practice on confidential personal information), for paragraph (a) substitute— \n\ta) the National Health Service Commissioning Board, . \n5) In section 252 of the National Health Service Act 2006 (consultation before making regulations on control of patient information), in subsection (1), for  “the National Information Governance Board for Health and Social Care” substitute  “the Care Quality Commission”; and in consequence of that— \n\ta) for the title to that section substitute  “Consultation with the Care Quality Commission”, and \n\tb) in section 271(3)(g) of that Act— \n\t\ti) for  “sections” substitute  “section”, and \n\t\tii) omit  “and 252 (consultation with National Information Governance Board)”. \n6) The Care Quality Commission must exercise its power under paragraph 6(3) of Schedule 1 to the Health and Social Care Act 2008 so as to appoint a committee, to be known as  “the National Information Governance Committee”, until 31 March 2015. \n7) The purpose of the committee is to provide the Care Quality Commission with advice on and assistance with the exercise of its functions relating to the processing of relevant information within the meaning of section 20A of the Health and Social Care Act 2008. \n8) Part 3 of Schedule 20 (which contains consequential amendments and savings) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/280",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/280",
    "legislation_id": "ukpga/2012/7",
    "title": "The National Information Governance Board for Health and Social Care",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 280,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638146Z",
    "text": "Section 182) **Activities relating to local care services**\n\n1) Section 221 of the Local Government and Public Involvement in Health Act 2007 (health services and social services) is amended as follows. \n2) In subsection (2)— \n\ta) in each of paragraphs (a) to (c), before  “people” insert  “local”, and \n\tb) omit the  “and” preceding paragraph (d). \n3) At the end of that paragraph, insert  “and to the Healthwatch England committee of the Care Quality Commission.” \n4) After that paragraph insert— \n\te) providing advice and information about access to local care services and about choices that may be made with respect to aspects of those services; \n\tf) reaching views on the matters mentioned in subsection (3) and making those views known to the Healthwatch England committee of the Care Quality Commission; \n\tg) making recommendations to that committee to advise the Commission about special reviews or investigations to conduct (or, where the circumstances justify doing so, making such recommendations direct to the Commission); \n\th) making recommendations to that committee to publish reports under section 45C(3) of the Health and Social Care Act 2008 about particular matters; and \n\ti) giving that committee such assistance as it may require to enable it to carry out its functions effectively, efficiently and economically. \n5) In subsection (3), after  “(2)(b)” insert  “and (f)”. \n6) After that subsection insert— \n3A) A person to whom views are made known or reports or recommendations are made under subsection (2)(d) must, in exercising any function relating to care services, have regard to the views, reports or recommendations. \n7) After subsection (3A) insert— \n3B) Each local authority must ensure that only one set of arrangements under subsection (1) in relation to its area is in force at any one time. \n8) In subsection (6), after the definition of  “local care services” insert— “local people”, in relation to a local authority, means— \n\ta) people who live in the local authority's area, \n\tb) people to whom care services are being or may be provided in that area, \n\tc) people from that area to whom care services are being provided in any place, and who are (taken together) representative of the people mentioned in paragraphs (a) to (c); . \n9) In the title to section 221, omit  “: local involvement networks”. \n10) For the cross-heading preceding that section substitute  “Local arrangements”. \n11) After section 45C of the Health and Social Care Act 2008 (inserted by section 181(4)), insert— \n\nSection 45D) **Granting licence to use trade mark**\n\n1) The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, of a registered trade mark of which the Commission is the proprietor. \n2) A licence under this section may not provide for the grant of a sub-licence by the licensee other than a sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying-on of activities under Local Healthwatch arrangements. \n3) In this section— \n\t- “Local Healthwatch arrangements” has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,\n\t- “Local Healthwatch contractor” has the meaning given by section 223 of that Act, and\n\t- “registered trade mark” and  “use” have the same meaning as in the Trade Marks Act 1994.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/182",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/182",
    "legislation_id": "ukpga/2012/7",
    "title": "Activities relating to local care services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 182,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637432Z",
    "text": "Section 7) **The Secretary of State's duty as to education and training**\nAfter section 1E of the National Health Service Act 2006 insert— \n\nSection 1F) **Duty as to education and training**\n\n1) The Secretary of State must exercise the functions of the Secretary of State under any relevant enactment so as to secure that there is an effective system for the planning and delivery of education and training to persons who are employed, or who are considering becoming employed, in an activity which involves or is connected with the provision of services as part of the health service in England. \n2) Any arrangements made with a person under this Act for the provision of services as part of that health service must include arrangements for securing that the person co-operates with the Secretary of State in the discharge of the duty under subsection (1) (or, where a Special Health Authority is discharging that duty by virtue of a direction under section 7, with the Special Health Authority). \n3) In subsection (1),  “relevant enactment” means— \n\ta) section 63 of the Health Services and Public Health Act 1968, \n\tb) this Act, \n\tc) the Health and Social Care Act 2008, \n\td) the Health Act 2009, and \n\te) the Health and Social Care Act 2012. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/7",
    "legislation_id": "ukpga/2012/7",
    "title": "The Secretary of State's duty as to education and training",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638012Z",
    "text": "Section 147) **Secretary of State's duty as respects variation in provision of health services**\nAfter section 12D of the National Health Service Act 2006 insert— *Miscellaneous*\n\n\nSection 12E) **Secretary of State's duty as respects variation in provision of health services**\n\n1) The Secretary of State must not exercise the functions mentioned in subsection (2) for the purpose of causing a variation in the proportion of services provided as part of the health service that is provided by persons of a particular description if that description is by reference to— \n\ta) whether the persons in question are in the public or (as the case may be) private sector, or \n\tb) some other aspect of their status. \n2) The functions mentioned in this subsection are the functions of the Secretary of State under— \n\ta) sections 6E and 13A, and \n\tb) section 75 of the Health and Social Care Act 2012 (requirements as to procurement, patient choice and competition). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/147",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/147",
    "legislation_id": "ukpga/2012/7",
    "title": "Secretary of State's duty as respects variation in provision of health services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "number": 147,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638142Z",
    "text": "Section 181) **Healthwatch England**\n\n1) The Health and Social Care Act 2008 is amended as follows. \n2) In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph 6, after sub-paragraph (1) insert— \n1A) A committee of the Commission known as  “the Healthwatch England committee” is to be appointed in accordance with regulations. \n1B) The purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act. \n3) After sub-paragraph (5) insert— \n5A) Regulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission. \n5B) Regulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure. \n5C) Regulations under sub-paragraph (1A) may, in particular, make provision as to— \n\ta) eligibility for appointment; \n\tb) procedures for selecting or proposing persons for appointment. \n5D) Regulations under sub-paragraph (1A) may, in particular, make provision as to— \n\ta) the removal or suspension of members of the committee; \n\tb) the payment of remuneration and allowances to members. \n4) In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert— *Healthwatch England and Local Healthwatch organisations*\n\n\nSection 45A) **Functions to be exercised by Healthwatch England**\n\n1) The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England committee to exercise the functions on its behalf. \n2) The function in this subsection is to provide Local Healthwatch organisations with general advice and assistance in relation to— \n\ta) the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services); \n\tb) the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act); \n\tc) the carrying-on of activities specified in section 221(2) of that Act. \n3) The function in this subsection is a power to make recommendations of a general nature to English local authorities about the making of arrangements under section 221(1) of that Act. \n4) The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority's area, to give the authority concerned written notice of its opinion. \n5) The function in this subsection is to provide the persons mentioned in subsection (6) with information and advice on— \n\ta) the views of people who use health or social care services and of other members of the public on their needs for and experiences of health and social care services, and \n\tb) the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved. \n6) The persons referred to in subsection (5) are— \n\ta) the Secretary of State; \n\tb) the National Health Service Commissioning Board; \n\tc) Monitor; \n\td) English local authorities. \n7) A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of its response or proposed response to the advice. \n8) The Healthwatch England committee may provide the Commission with information and advice on the matters mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its response or proposed response to the advice. \n9) The Commission must publish details of arrangements it makes under subsection (1)\n\t\t\t\t\t\t\t\t\t\t\t(including details of payments of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a discharge of the duty imposed by this subsection. \n10) In performing functions under this section, the Healthwatch England committee must have regard to such aspects of government policy as the Secretary of State may direct. \n\nSection 45B) **Conflicts of interest**\n\n1) In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State. \n2) In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State. \n3) In this section,  “conflicts guidance” means guidance about managing conflicts between— \n\ta) the exercise of functions by the Commission, and \n\tb) the exercise of functions by the Healthwatch England committee on the Commission's behalf. \n\nSection 45C) **Reports**\n\n1) As soon as possible after the end of each financial year, the Healthwatch England committee— \n\ta) must make a report to the Commission (whether or not in writing) on the matters mentioned in section 45A(5)(a) and (b), and \n\tb) must publish a report on the way in which it has exercised during the year the functions exercisable by it. \n2) The committee must— \n\ta) lay before Parliament a copy of each report made under subsection (1)(b), and \n\tb) send a copy of each such report to the Secretary of State and to every Local Healthwatch organisation. \n3) The committee may publish other reports at such times, and on such matters relating to health or social care, as it thinks appropriate. \n4) Where a recommendation is made to the committee under section 221(2)(h) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation. \n5) Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable, exclude any matter which relates to the private affairs of an individual the publication of which, in the committee's opinion, would or might seriously and prejudicially affect that individual's interests. \n6) In this section,  “financial year” means— \n\ta) the period beginning with the date on which the committee is appointed and ending with the following 31 March, and \n\tb) each successive period of 12 months ending with 31 March. \n5) In section 82 (failure by Commission to discharge functions), after subsection (1) insert— \n1A) The Secretary of State may give a direction to the Healthwatch England committee if the Secretary of State considers that the committee— \n\ta) is failing or has failed to discharge a function under section 45A or any other function it is required to discharge, or \n\tb) is failing or has failed properly to discharge a function under that section or any other function it is required to discharge, and that the failure is significant. \n6) In subsection (2) of that section— \n\ta) after  “(1)” insert  “or (1A)”, and \n\tb) after  “the Commission” insert  “or (as the case may be) the committee”. \n7) In subsection (2A) of that section (inserted by section 294), after  “(1)” insert  “or (1A)”. \n8) In subsection (3) of that section— \n\ta) after  “the Commission” insert  “or the committee”, and \n\tb) after  “(1)” insert  “or (1A)”. \n9) In subsection (4) of that section (inserted by section 294), after  “(1)” insert  “, (1A)”. \n10) For the title to that section substitute  “Failure by the Commission or Healthwatch England in discharge of functions”. \n11) In section 83 (reports for each financial year etc), after subsection (1) insert— \n1A) The reference in subsection (1)(a) to the Commission's functions does not include a reference to its functions under section 45A. \n12) After subsection (2) of that section insert— \n2A) The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the year concerned. \n13) In each of the following provisions, at the end of the entry for the Care Quality Commission insert  “and the Healthwatch England committee”— \n\ta) Part 2 of Schedule 1 to the Public Records Act 1958, \n\tb) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and \n\tc) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975. \n14) The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/181",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/181",
    "legislation_id": "ukpga/2012/7",
    "title": "Healthwatch England",
    "extent": [
      "England",
      "Wales"
    ],
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    "number": 181,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638364Z",
    "text": "Section 209) **Power to regulate social workers etc. in England**\n\n1) Section 60 of the Health Act 1999 (regulation of health care professions etc.) is amended as follows. \n2) In subsection (1), after paragraph (b) insert— \n\tba) regulating the social work profession in England, \n\tbb) modifying the regulation of the social work profession in England, so far as appears to Her to be necessary or expedient for the purpose of securing or improving the regulation of the profession or the services which it provides or to which it contributes, . \n3) In that subsection, after paragraph (bb) insert— \n\tbc) regulating social care workers in England who appear to Her to require regulation in pursuance of this section, \n\tbd) modifying the regulation of social care workers in England, so far as appears to Her to be necessary or expedient for the purpose of securing or improving their regulation or the services which they provide or to which they contribute, . \n4) In subsection (2), at the end of each of paragraphs (c) and (d), insert  “(other than the social work profession in England)”. \n5) After that subsection insert— \n2ZA) In subsections (1) and (2),  “the social work profession in England” means the profession engaged in social work in England; and for the purposes of this section,  “social work in England” means social work which is required in connection with any health, education or social services provided in England. \n6) After subsection (2ZA) insert— \n2ZB) In subsection (1)(bc) and (bd),  “social care workers in England” means persons who are engaged in social care work in England. \n2ZC) For that purpose,  “social care work in England” means work (other than social work in England) that is of any of the following descriptions— \n\ta) employment at a children's home, care home or residential family centre in England, \n\tb) management of a home or centre of a kind mentioned in paragraph (a), \n\tc) employment for the purposes of a domiciliary care agency, fostering agency, voluntary adoption agency or adoption support agency, in so far as the agency provides services to persons in England, \n\td) management of an agency of a kind mentioned in paragraph (c), \n\te) work for the purposes of the social services functions of a local authority whose area is in England, \n\tf) the provision in England of services similar to services which may or must be provided by a local authority in the exercise of its social services functions, \n\tg) the provision of personal care for persons in England, \n\th) employment (in an undertaking other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care for persons in England, \n\ti) management of an undertaking of the kind mentioned in paragraph (h), \n\tj) employment in connection with the discharge of functions of the Secretary of State under section 80 of the Children Act 1989 (inspection of children's homes), \n\tk) employment as a member of staff of the Office for Standards in Education, Children's Services and Skills who inspects premises under— \n\t\ti) section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges), \n\t\tii) section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority), or \n\t\tiii) section 139 of the Education and Inspections Act 2006 (inspection by Chief Inspector), \n\tl) employment as a member of staff of the Care Quality Commission who, under Part 1 of the Health and Social Care Act 2008, inspects premises used for or in connection with the provision of social care (within the meaning of that Part), \n\tm) management of staff mentioned in paragraph (k) or (l), \n\tn) employment at a day centre in England, \n\to) participation in a course approved by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001 for persons wishing to engage in the social work profession in England. \n7) After subsection (2ZC) insert— \n2ZD) An expression used in subsection (2ZC) and in section 55 of the Care Standards Act 2000 has the same meaning in that subsection as it has in that section. \n8) After subsection (2ZD) insert— \n2ZE) The exercise of functions of an approved mental health professional by a member of a profession to which subsection (2) applies is not to be regarded as social work of the kind engaged in by the social work profession in England. \n9) After subsection (2ZE) insert— \n2ZF) In this section,  “approved mental health professional” has the meaning given in section 114 of the Mental Health Act 1983. \n10) For the title to section 60 of the Health Act 1999 substitute  “Regulation of health professions, social workers, other care workers etc.”. \n11) In section 60A of that Act (standard of proof in fitness to practise proceedings), in subsection (2), for  “a person's fitness to practise a profession to which section 60(2) applies” substitute  “a matter specified in subsection (2A)”. \n12) After that subsection insert— \n2A) The matters are— \n\ta) a person's fitness to practise a profession to which section 60(2) applies; \n\tb) a person's fitness to practise the social work profession in England (within the meaning given by section 60); \n\tc) a person's suitability to remain registered as a social care worker in England (within the meaning given by that section). \n13) In subsection (3) of that section, at the end insert  “or the social work profession in England (within the meaning given in section 60(2ZA)”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/209",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/209",
    "legislation_id": "ukpga/2012/7",
    "title": "Power to regulate social workers etc. in England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
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    "number": 209,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637706Z",
    "text": "Section 74) **Competition functions: supplementary**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) In section 168 of that Act (regulated markets)— \n\ta) in subsection (3) (meaning of  “relevant action”), after paragraph (o) insert— \n\t\tp) modifying the conditions of a licence issued under section 87 of the Health and Social Care Act 2012. , \n\tb) in subsection (4) (meaning of  “relevant statutory functions”), after paragraph (q) insert— \n\t\tr) in relation to any licence issued under section 87 of the Health and Social Care Act 2012, the duties of Monitor under sections 62 and 66 of that Act. , and \n\tc) in subsection (5) (meaning of  “sectoral regulator”), after paragraph (i) insert— \n\t\tia) Monitor; . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/74",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/74",
    "legislation_id": "ukpga/2012/7",
    "title": "Competition functions: supplementary",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 74,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637412Z",
    "text": "Section 2) **The Secretary of State's duty as to improvement in quality of services**\nAfter section 1 of the National Health Service Act 2006 insert— \n\nSection 1A) **Duty as to improvement in quality of services**\n\n1) The Secretary of State must exercise the functions of the Secretary of State in relation to the health service with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with— \n\ta) the prevention, diagnosis or treatment of illness, or \n\tb) the protection or improvement of public health. \n2) In discharging the duty under subsection (1) the Secretary of State must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services. \n3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show— \n\ta) the effectiveness of the services, \n\tb) the safety of the services, and \n\tc) the quality of the experience undergone by patients. \n4) In discharging the duty under subsection (1), the Secretary of State must have regard to the quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/2",
    "legislation_id": "ukpga/2012/7",
    "title": "The Secretary of State's duty as to improvement in quality of services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638420Z",
    "text": "Section 223) **Functions of the Authority**\n\n1) In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Professional Standards Authority), in subsection (2)(a), for  “patients” substitute  “users of health care, users of social care in England, users of social work services in England”. \n2) In subsection (2A) of that section, for  “patients” substitute  “users of health care, users of social care in England, users of social work services in England”. \n3) In section 26A of that Act (powers of Secretary of State etc. to request the Authority for advice), after subsection (1) insert— \n1A) The Secretary of State may request the Authority for advice on any matter connected with the social work profession, or social care workers, in England; and the Authority must comply with such a request. \n4) After subsection (2) of that section insert— \n2A) A person to whom the Authority gives advice, or for whom it investigates and reports on a matter, under this section must pay such fee as the Authority determines; and the fee may be charged by reference to the advice or the investigation and report concerned or on a periodic basis. \n5) In subsection (3) of that section, after  “this section” insert — health care profession” means a profession (whether or not regulated by or by virtue of any enactment) which is concerned (wholly or partly) with the physical or mental health of individuals; and . \n6) In section 26B of that Act (duty to inform and consult the public), in subsection (4)(b), for  “patients” substitute  “users of health care, users of social care in England or users of social work services in England”. \n7) In section 27 of that Act (the Authority and regulatory bodies), in subsections (5) and (13), for  “Secretary of State” substitute  “Privy Council”. \n8) In subsection (7) of that section— \n\ta) for  “Secretary of State” substitute  “Privy Council”, and \n\tb) in paragraph (a), omit  “he or”. \n9) In section 29 of that Act (reference of disciplinary cases to court by the Authority), in subsection (5), after  “subsection (4)” insert  “(subject to subsection (5A))”. \n10) After subsection (5) of that section insert— \n5A) In the case of a social worker in England, the  “relevant court” means the High Court of Justice in England and Wales. \n11) In section 38 of that Act (regulations and orders), in subsection (2), omit  “27”. \n12) In subsection (3) of that section, for  “the Secretary of State” substitute  “the Privy Council”. \n13) After subsection (3D) of that section (inserted by section 224(3)) insert— \n3E) A statutory instrument containing regulations made by the Privy Council under section 27 is subject to annulment in pursuance of a resolution of either House of Parliament. \n14) In paragraph 16 of Schedule 7 to that Act (reports and other information), in sub-paragraph (1A)(a) for  “patients” substitute  “users of health care, users of social care in England, users of social work services in England”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/223",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/223",
    "legislation_id": "ukpga/2012/7",
    "title": "Functions of the Authority",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 223,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638198Z",
    "text": "Section 195) **Duty to encourage integrated working**\n\n1) A Health and Wellbeing Board must, for the purpose of advancing the health and wellbeing of the people in its area, encourage persons who arrange for the provision of any health or social care services in that area to work in an integrated manner. \n2) A Health and Wellbeing Board must, in particular, provide such advice, assistance or other support as it thinks appropriate for the purpose of encouraging the making of arrangements under section 75 of the National Health Service Act 2006 in connection with the provision of such services. \n3) A Health and Wellbeing Board may encourage persons who arrange for the provision of any health-related services in its area to work closely with the Health and Wellbeing Board. \n4) A Health and Wellbeing Board may encourage persons who arrange for the provision of any health or social care services in its area and persons who arrange for the provision of any health-related services in its area to work closely together. \n5) Any reference in this section to the area of a Health and Wellbeing Board is a reference to the area of the local authority that established it. \n6) In this section— \n\t- “the health service” has the same meaning as in the National Health Service Act 2006;\n\t- “health services” means services that are provided as part of the health service in England;\n\t- “health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;\n\t- “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/195",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/195",
    "legislation_id": "ukpga/2012/7",
    "title": "Duty to encourage integrated working",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 195,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638058Z",
    "text": "Section 159) **Authorisation**\n\n1) In section 30(1) of the National Health Service Act 2006 (definition of NHS foundation trust), for  “which is authorised under this Chapter to provide” substitute  “the function of which is to provide in accordance with this Chapter”. \n2) Omit section 33(2)(a) of that Act (requirement for application for authorisation to describe goods and services to be provided). \n3) In section 35(2) of that Act (matters as to which the regulator must be satisfied before giving authorisation), for paragraph (e) substitute— \n\te) the applicant will be able to provide goods and services for the purposes of the health service in England, . \n4) After section 35(3) of that Act (things the regulator must consider before deciding whether it is satisfied as to the matters in section 35(2)) insert— \n3A) The regulator must not give an authorisation unless it is notified by the Care Quality Commission that it is satisfied that the applicant is complying with (so far as applicable) the requirements mentioned in section 12(2) of the Health and Social Care Act 2008 in relation to the regulated activity or activities the applicant carries on. \n3B) In subsection (3A),  “regulated activity” has the same meaning as in section 8 of the Health and Social Care Act 2008. \n5) Omit section 35(4) and (7) of that Act (power to give authorisation on terms the regulator considers appropriate). \n6) Omit section 38 of that Act (variation of authorisation). \n7) Omit section 39(2)(b) of that Act (requirement for copy of authorisation to be on register). \n8) Omit section 49 of that Act (authorisation to require trust to allow regulator to enter and inspect trust's premises). \n9) Omit paragraph 22(1)(b) of Schedule 7 to that Act (requirement for copy of authorisation to be available for public inspection). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/159",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/159",
    "legislation_id": "ukpga/2012/7",
    "title": "Authorisation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 159,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638732Z",
    "text": "Section 288) **Monitor: duty to co-operate with Care Quality Commission**\n\n1) NHS England must co-operate with the Care Quality Commission in the exercise of their respective functions. \n2) In particular NHS England must— \n\ta) give the Commission any relevant information NHS England has about the provision of health care services which NHS England or the Commission considers would assist the Commission in the exercise of its functions, \n\tb) make arrangements with the Commission to ensure that— \n\t\ti) a person applying both for a licence under Chapter 3 of Part 3 and to be registered under the Health and Social Care Act 2008 may do so by way of a single application form, \n\t\tii) such a person is granted a licence under that Chapter and registration under that Act by way of a single document, and \n\tc) seek to secure that the conditions included in a licence under that Chapter in a case within paragraph (b) are consistent with any conditions on the person's registration under that Act. \n2A) In subsection (2)(a) “relevant information” means information held by NHS England in connection with— \n\ta) its regulatory functions, within the meaning given by section 13SB (2) of the National Health Service Act 2006, or \n\tb) its functions under section 27A of the National Health Service Act 2006 Act (NHS trusts: oversight and support). \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) In subsection (2), references to registration under the Health and Social Care Act 2008 are references to registration under Chapter 2 of Part 1 of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/288",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/288",
    "legislation_id": "ukpga/2012/7",
    "title": "Monitor: duty to co-operate with Care Quality Commission",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 288,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638409Z",
    "text": "Section 220) **References in enactments to registered health professionals, etc.**\n\n1) In section 58 of the Medicines Act 1968 (medicinal products on prescription only), after subsection (1A) insert— \n1ZA) Paragraphs (a) and (g) of subsection (1A) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999). \n2) In section 27 of the National Health Service (Scotland) Act 1978 (arrangements for provision of pharmaceutical services), after subsection (1B) insert— \n1C) Paragraphs (a) and (h) of subsection (1A) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999). \n3) In section 3 of the Video Recordings Act 1984 (exempted supplies), after subsection (11) insert— \n11A) But subsection (11) does not apply to a person in so far as the person is required to register under the Health and Social Work Professions Order 2001 as a member of the social work profession in England (within the meaning of section 60 of the Health Act 1999). \n4) In Group 7 in Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemption for medical care services), in the Notes, after Note (2) insert— \n\nSection 2ZA) ****\nParagraph (c) of item 1 does not include supplies of services made by a person in the capacity of a registered member of the social work profession in England (within the meaning of section 60 of the Health Act 1999). \n5) In section 69 of the Data Protection Act 1998 (meaning of  “health professional”), at the end of paragraph (h) of subsection (1), insert  “, except in so far as the person is registered as a social worker in England (within the meaning of that Order)”. \n6) In section 25 of the National Health Service Reform and Health Care Professions Act 2002 (the Council for Healthcare Regulatory Excellence), after subsection (3) insert— \n3A) A reference in an enactment to a body mentioned in subsection (3) is not (unless there is express provision to the contrary) to be read as including a reference to the Health and Care Professions Council, or a regulatory body within subsection (3)(j), so far as it has functions relating to— \n\ta) the social work profession in England, or \n\tb) social care workers in England. \n3B) For the purposes of subsection (3A)— \n\t- “enactment” means an enactment contained in— an Act, an Act of the Scottish Parliament or an Act or Measure of the National Assembly for Wales (whether passed before or after the commencement of this subsection), orsubordinate legislation (within the meaning of the Interpretation Act 1978), an instrument made under an Act of the Scottish Parliament, an Act or Measure of the National Assembly for Wales or Northern Ireland legislation (whether made before or after that commencement), and\n\t- “the social work profession in England” and  “social care workers in England” have the meaning given in section 60 of the 1999 Act.\n7) In section 126 of the National Health Service Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert— \n4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999). \n8) In section 80 of the National Health Service (Wales) Act 2006 (arrangements for provision of pharmaceutical services), after subsection (4) insert— \n4A) Paragraphs (a) and (h) of subsection (4) do not apply to persons in so far as they are registered as members of the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/220",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/220",
    "legislation_id": "ukpga/2012/7",
    "title": "References in enactments to registered health professionals, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 220,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638570Z",
    "text": "Section 253) **NHS England data functions: general**\n\n1) NHS England must have regard to the following when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021— \n\ta) the information standards published by the Secretary of State or NHS England under section 250, \n\tb) such guidance issued by the Secretary of State as the Secretary of State may require, \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tca) the need to respect and promote the privacy of recipients of health services and of adult social care in England,  ... \n\tcb) the need to promote the effective and efficient planning, development and provision of health services and of adult social care in England, \n\td) the need to promote the effective, efficient and economic use of resources in the provision of health services and of adult social care in England , and \n\te) the need to balance the needs mentioned in this subsection against one another, so far as they compete. \n2) NHS England must seek to minimise the burdens it imposes on others when exercising its relevant data functions other than those under the Medicines and Medical Devices Act 2021. \n2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In this Chapter— \n\t- “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;\n\t- “health services” means services which must or may be provided as part of the health service in England.\n\t- “relevant data functions”, in relation to NHS England, means functions conferred on NHS England by or under— this Chapter and Chapter 3;regulations 15 and 16 of the Local Authority (Public Health, Health and Wellbeing Boards and Health Scrutiny) Regulations 2013;section 2 of the Access to Medical Treatments (Innovation) Act 2016;sections 7A and 19 of the Medicines and Medical Devices Act 2021.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/253",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/253",
    "legislation_id": "ukpga/2012/7",
    "title": "NHS England data functions: general",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 253,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638413Z",
    "text": "Section 221) **Functions of the Secretary of State in relation to social care workers**\n\n1) In section 67 of the Care Standards Act 2000 (functions of the appropriate Minister), after subsection (1) insert— \n1A) But the Secretary of State may not exercise the function under subsection (1)(a) or (d) in relation to a social worker who is registered as such in a register maintained under article 5 of the Health and Social Work Professions Order 2001. \n2) In subsection (2) of that section, after  “take part in” insert  “courses approved by the Health and Care Professions Council under article 15 or by virtue of article 19(4) of the Health and Social Work Professions Order 2001 for persons who are or wish to become social workers,”. \n3) The Secretary of State may make arrangements with the Health and Care Professions Council for the discharge, during the relevant period, of the functions of the General Social Care Council; and for that purpose  “the relevant period” is the period— \n\ta) beginning with the day on which this Act is passed, and \n\tb) ending with the commencement of section 212(1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/221",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/221",
    "legislation_id": "ukpga/2012/7",
    "title": "Functions of the Secretary of State in relation to social care workers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 221,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638804Z",
    "text": "Section 306) **Commencement**\n\n1) The following provisions come into force on the day on which this Act is passed— \n\ta) section 219 (Health and Care Professions Council: power to make arrangements with other health or social care regulators); \n\tb) section 221(3)\n\t\t\t\t\t\t\t(power of Secretary of State to make arrangements with Health and Care Professions Council to discharge General Social Care Council's functions during period preceding abolition); \n\tc) the provisions of this Part; \n\td) any other provision of this Act so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make an order or regulations or to give directions that is conferred by the provision or an amendment made by it. \n2) Sections 35 to 37 come into force on such day as the appropriate authority may by order appoint. \n3) In subsection (2)\n\t\t\t\t\t “the appropriate authority” means— \n\ta) in relation to England, the Secretary of State; \n\tb) in relation to Wales, the Welsh Ministers. \n4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint. \n5) Different days may be appointed under subsection (2) or (4) for different purposes (including different areas). \n6) Transitory provision in an order under subsection (2) or (4) may, in particular, modify the application of a provision of this Act pending the commencement of— \n\ta) another provision of this Act, or \n\tb) any other enactment (within the meaning of section 303). \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) Where a provision of this Act (or an amendment made by it) requires consultation to take place, consultation undertaken before the commencement of the provision is as effective for the purposes of that provision as consultation undertaken after that commencement. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/306",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/306",
    "legislation_id": "ukpga/2012/7",
    "title": "Commencement",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 306,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638190Z",
    "text": "Section 193) **Joint health and wellbeing strategies**\nAfter section 116 of the Local Government and Public Involvement in Health Act 2007 insert— \n\nSection 116A) **Health and social care: joint health and wellbeing strategies**\n\n1) This section applies where an assessment of relevant needs is prepared under section 116 by a responsible local authority and each of its partner clinical commissioning groups. \n2) The responsible local authority and each of its partner clinical commissioning groups must prepare a strategy for meeting the needs included in the assessment by the exercise of functions of the authority, the National Health Service Commissioning Board or the clinical commissioning groups (“a joint health and wellbeing strategy”). \n3) In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must, in particular, consider the extent to which the needs could be met more effectively by the making of arrangements under section 75 of the National Health Service Act 2006 (rather than in any other way). \n4) In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must have regard to— \n\ta) the mandate published by the Secretary of State under section 13A of the National Health Service Act 2006, and \n\tb) any guidance issued by the Secretary of State. \n5) In preparing a strategy under this section, the responsible local authority and each of its partner clinical commissioning groups must— \n\ta) involve the Local Healthwatch organisation for the area of the responsible local authority, and \n\tb) involve the people who live or work in that area. \n6) The responsible local authority must publish each strategy prepared by it under this section. \n7) The responsible local authority and each of its partner clinical commissioning groups may include in the strategy a statement of their views on how arrangements for the provision of health-related services in the area of the local authority could be more closely integrated with arrangements for the provision of health services and social care services in that area. \n8) In this section and section 116B— \n\ta) “partner clinical commissioning group”, in relation to a responsible local authority, has the same meaning as in section 116, and \n\tb) “health services”,  “health-related services” and  “social care services” have the same meaning as in section 195 of the Health and Social Care Act 2012. \n\nSection 116B) **Duty to have regard to assessments and strategies**\n\n1) A responsible local authority and each of its partner clinical commissioning groups must, in exercising any functions, have regard to— \n\ta) any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and \n\tb) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant. \n2) The National Health Service Commissioning Board must, in exercising any functions in arranging for the provision of health services in relation to the area of a responsible local authority, have regard to— \n\ta) any assessment of relevant needs prepared by the responsible local authority and each of its partner clinical commissioning groups under section 116 which is relevant to the exercise of the functions, and \n\tb) any joint health and wellbeing strategy prepared by them under section 116A which is so relevant. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/193",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/193",
    "legislation_id": "ukpga/2012/7",
    "title": "Joint health and wellbeing strategies",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 193,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638937Z",
    "text": "SCHEDULE 17 Part 8: consequential amendments Section 249 *Public Bodies (Admission to Meetings) Act 1960 (c. 67)*\n\n1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which that Act applies) in paragraph 1, after paragraph (m) insert— \n\tn) the National Institute for Health and Care Excellence; . *Parliamentary Commissioner Act 1967 (c. 13)*\n\n2) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “\n                National Institute for Health and Care Excellence.\n         ” *Local Government Act 1972 (c. 70)*\n\n3) In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities and health bodies) in subsection (1A)— \n\ta) after  “agreement with” insert  “the National Institute for Health and Care Excellence,”, \n\tb) in paragraph (a), after  “disposal of” insert  “the National Institute for Health and Care Excellence,”, and \n\tc) in paragraph (b), after  “employed by” insert  “the National Institute for Health and Care Excellence,”. *House of Commons Disqualification Act 1975 (c. 24)*\n\n4) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “\n                The National Institute for Health and Care Excellence.\n         ” *Northern Ireland Assembly Disqualification Act 1975 (c. 25)*\n\n5) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified) at the appropriate place insert— “\n                The National Institute for Health and Care Excellence.\n         ” *Employment Rights Act 1996 (c. 18)*\n\n6) \n1) The Employment Rights Act 1996 is amended as follows. \n2) In section 50 (right to time off for public duties) in subsection (8), after paragraph (ab) insert— \n\tac) the National Institute for Health and Care Excellence, . \n3) In section 218 (change of employer) in subsection (10), after paragraph (cb) insert— \n\tcc) the National Institute for Health and Care Excellence, . *Data Protection Act 1998 (c. 29)*\n\n7) In section 69 of the Data Protection Act 1998 (meaning of  “health professional”) in subsection (3), after paragraph (fa) insert— \n\tfb) the National Institute for Health and Care Excellence, . *Freedom of Information Act 2000 (c. 36)*\n\n8) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate place insert— “\n                The National Institute for Health and Care Excellence.\n         ” *International Development Act 2002 (c. 1)*\n\n9) In Schedule 1 to the International Development Act 2002 (bodies which may enter agreements to provide international development assistance etc.) after the entry for an NHS foundation trust insert— “\n                The National Institute for Health and Care Excellence.\n         ” *National Health Service Act 2006 (c. 41)*\n\n10) \n1) The National Health Service Act 2006 is amended as follows. \n2) In section 9 (NHS contracts) in subsection (4), after paragraph (k) insert— \n\tka) NICE, . \n3) In section 71 (schemes for losses and liabilities of certain health service bodies) in subsection (2), after paragraph (d) insert— \n\tda) NICE, . \n4) In section 72 (co-operation between NHS bodies)— \n\ta) the existing text becomes subsection (1), and \n\tb) after that subsection insert— \n\t2) For the purposes of this section, NICE is an NHS body. \n5) In section 275 (interpretation) in subsection (1), after the definition of  “NHS trust” insert— “NICE” means the National Institute for Health and Care Excellence; . *National Health Service (Wales) Act 2006 (c. 42)*\n\n11) In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts) in subsection (4), after paragraph (k) insert— \n\tka) the National Institute for Health and Care Excellence, . *Health and Social Care Act 2008 (c. 14)*\n\n12) \n1) The Health and Social Care Act 2008 is amended as follows. \n2) Omit section 45 (standards set by the Secretary of State) and the preceding cross-heading. \n3) In section 53 (information and advice given by Care Quality Commission to Secretary of State) in subsection (3)— \n\ta) at the end of paragraph (a) insert  “or”, and \n\tb) omit paragraph (c) and the word  “or” immediately preceding it. *Health Act 2009 (c. 21)*\n\n13) In section 2 of the Health Act 2009 (duty to have regard to the NHS Constitution) in subsection (2), after paragraph (d) insert— \n\tda) the National Institute for Health and Care Excellence; . *Equality Act 2010 (c. 15)*\n\n14) In Part 1 of Schedule 19 to the Equality Act 2010 (bodies subject to public sector equality duty) at the end of the group of entries for bodies whose functions relate to the health service add— “\n                The National Institute for Health and Care Excellence.\n         ” ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/17",
    "legislation_id": "ukpga/2012/7",
    "title": "Part 8: consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638440Z",
    "text": "Section 228) **Establishment of voluntary registers**\nAfter section 25C of the National Health Service Reform and Health Care Professions Act 2002 insert— \n\nSection 25D) **Power of regulatory bodies to establish voluntary registers**\n\n1) A regulatory body may establish and maintain a voluntary register of persons who are (and, where the body thinks appropriate, persons who have been)— \n\ta) unregulated health professionals; \n\tb) unregulated health care workers; \n\tc) unregulated social care workers in England; \n\td) participating in studies that come within subsection (2) or (3). \n2) Studies come within this subsection if they are studies for the purpose of becoming a member of— \n\ta) a profession to which section 60(2) of the Health Act 1999 applies, or \n\tb) the social work profession in England. \n3) Studies come within this subsection if they are studies for the purpose of becoming— \n\ta) an unregulated health professional, \n\tb) an unregulated health care worker, or \n\tc) an unregulated social care worker in England. \n4) A regulatory body may establish and maintain a register under subsection (1)(a), (b) or (c) of only such persons as are (or have been) engaged in work that supports, or otherwise relates to, work engaged in by members of a profession which the body regulates; but this subsection does not apply to the Health and Care Professions Council. \n5) A regulatory body may establish and maintain a register under subsection (1)(d) of only such persons as are (or have been) participating in studies for the purpose of— \n\ta) in the case of studies coming within subsection (2), becoming a member of a profession which the body regulates, \n\tb) in the case of studies coming within subsection (3)(a), becoming a member of a profession for which the body maintains a voluntary register, or \n\tc) in the case of studies coming within subsection (3)(b) or (c), engaging in work in respect of which the body maintains a voluntary register. \n6) The General Pharmaceutical Council may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work or participating in studies in England, Wales or Scotland. \n7) The Pharmaceutical Society of Northern Ireland may establish and maintain a register under subsection (1) of only such persons as are (or have been) engaged in work, or are participating in studies, in Northern Ireland. \n8) A regulatory body may establish and maintain a register under subsection (1) jointly with one or more other regulatory bodies. \n9) Where regulatory bodies establish and maintain a register in reliance on subsection (8)— \n\ta) subsections (4) and (5) apply to each body (but subsection (4) does not apply to the Health and Care Professions Council), \n\tb) subsection (6) applies to the General Pharmaceutical Council if it is one of the bodies, and \n\tc) subsection (7) applies to the Pharmaceutical Society of Northern Ireland if it is one of the bodies. \n10) But subsections (6) and (7) do not apply where the bodies concerned are or include the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland. \n11) Accordingly, in those circumstances, the General Pharmaceutical Council and the Pharmaceutical Society of Northern Ireland may jointly establish and maintain a register of persons who are (and, where they consider appropriate, have been) engaged in work or participating in studies anywhere in the United Kingdom. \n12) A request to be registered, or to continue to be registered, in a register established under subsection (1) must be accompanied by a fee of such amount as the regulatory body (or bodies) concerned may determine. \n\nSection 25E) **Section 25D: interpretation**\n\n1) This section applies for the purposes of section 25D. \n2) “Voluntary register” means a register of persons in which a person is not required by an enactment to be registered in order to be entitled to— \n\ta) use a title, \n\tb) practise as a member of a profession, \n\tc) engage in work that involves the provision of health care, \n\td) engage in work of a description given in section 60(2ZC) of the Health Act 1999 (social care work in England), or \n\te) participate in studies that come within section 25D(2) or (3). \n3) Where an enactment imposes a requirement of that kind which applies to part only of the United Kingdom, a register is to be regarded as a voluntary register in so far as it applies to any part of the United Kingdom to which the requirement does not apply. \n4) The reference in subsection (2) to an enactment does not include a reference to an enactment in so far as it imposes a requirement of that kind which applies— \n\ta) only to work or practice of a particular kind, and \n\tb) only when work or practice of that kind is engaged in for particular purposes. \n5) In subsections (2) to (4),  “enactment” means an enactment contained in, or in an instrument made under— \n\ta) an Act of Parliament, \n\tb) an Act of the Scottish Parliament, \n\tc) an Act or Measure of the National Assembly for Wales, or \n\td) Northern Ireland legislation. \n6) “Unregulated health professional” means a member of a profession— \n\ta) which is concerned with the physical or mental health of individuals, but \n\tb) to which section 60(2) of the Health Act 1999 does not apply. \n7) “Unregulated health care worker” means a person engaged in work which— \n\ta) involves the provision of health care, but \n\tb) is not work which may be engaged in only by members of a profession. \n8) In subsections (2) and (7),  “health care” includes— \n\ta) all forms of health care for individuals, whether relating to physical or mental health, and \n\tb) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. \n9) “Unregulated social care worker in England” means a person engaged in social care work in England within the meaning of section 60 of the Health Act 1999. \n10) But a person is not to be regarded as being (or having been) engaged in work as an unregulated social care worker merely because the person is (or has been) participating in a course of the description given in subsection (2ZC)(o) of that section (social work courses). \n11) “The social work profession in England” has the meaning given in that section. \n\nSection 25F) **Establishment of voluntary register: impact assessment**\n\n1) Before establishing a register under section 25D, a regulatory body— \n\ta) must make an assessment of the likely impact of doing so, and \n\tb) must consult such persons as it considers appropriate. \n2) In performing the duty under subsection (1)(a), the body must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate. \n3) An assessment under this section must, in particular, include an assessment of the likely impact of establishing the register on— \n\ta) persons who would be eligible for inclusion in the register; \n\tb) persons who employ persons who would be eligible for inclusion in the register; \n\tc) users of health care, users of social care in England and users of social work services in England. \n4) A regulatory body must publish any assessment it makes under this section. \n5) In deciding whether to establish a register under section 25D, a regulatory body must have regard to the assessment it made under this section in relation to the register. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/228",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/228",
    "legislation_id": "ukpga/2012/7",
    "title": "Establishment of voluntary registers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 228,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638893Z",
    "text": "SCHEDULE 7 Abolition of the Health Protection Agency: consequential amendments Section 56(4) *Parliamentary Commissioner Act 1967 (c. 13)*\n\n1) In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation)— \n\ta) omit the entry for the Health Protection Agency, and \n\tb) in the Notes, omit the paragraph on the Health Protection Agency. *Superannuation Act 1972 (c. 11)*\n\n2) In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which a scheme under section 1 of that Act can apply), omit the entry for the Health Protection Agency. *Local Government Act 1972 (c. 70)*\n\n3) In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of other local authorities), in subsection (1A) omit  “the Health Protection Agency,” in each place it occurs. *Health and Safety at Work etc. Act 1974 (c. 37)*\n\n4) The Health and Safety at Work etc. Act 1974 is amended as follows. \n5) In section 16 (approval of codes of practice), in subsection (2)(a) omit the words from  “(and, in particular,” to the end. \n6) In section 50 (exercise of certain powers to make regulations), in subsection (3)(a) omit the words from  “, and, in the case of” to  “the Health Protection Agency”. *House of Commons Disqualification Act 1975 (c. 24)*\n\n7) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House), omit the entry for the chairman and any non-executive member of the Health Protection Agency. *Northern Ireland Assembly Disqualification Act 1975 (c. 25)*\n\n8) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership of the Assembly), omit the entry for the chairman and any non-executive member of the Health Protection Agency. *Employment Rights Act 1996 (c. 18)*\n\n9) In section 218 of the Employment Rights Act 1996 (change of employer), in subsection (10) omit paragraph (dd). *Freedom of Information Act 2000 (c. 36)*\n\n10) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities), omit the entry for the Health Protection Agency. *International Development Act 2002 (c. 1)*\n\n11) In Schedule 1 to the International Development Act 2002 (statutory bodies who may exercise certain powers for the purpose of assisting countries outside the UK ), omit the entry for the Health Protection Agency. *Nationality, Immigration and Asylum Act 2002 (c. 41)*\n\n12) \n1) Section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies) is amended as follows. \n2) In paragraph (a)— \n\ta) before sub-paragraph (i) insert— \n\t\t\tai) the Secretary of State, , and \n\tb) omit sub-paragraph (vi) and the  “or” preceding it. \n3) In paragraph (b)— \n\ta) after sub-paragraph (i) insert  “or”, and \n\tb) omit sub-paragraph (iv) and the  “or” preceding it. \n4) In paragraph (c)— \n\ta) before sub-paragraph (i) insert— \n\t\t\tai) the Secretary of State, , \n\tb) after sub-paragraph (iia) insert  “or”, and \n\tc) omit sub-paragraph (iii). \n5) In paragraph (d)— \n\ta) after sub-paragraph (ii) insert— \n\t\t\tiia) the Regional Agency for Public Health and Social Well-being established under section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009, or , and \n\tb) omit sub-paragraph (iv) and the  “, or” preceding it. *Scottish Public Services Ombudsman Act 2002 (asp 11)*\n\n13) The Scottish Public Services Ombudsman Act 2002 is amended as follows. \n14) In section 7 (matters which may be investigated: restrictions), omit subsection (6A). \n15) In Part 2 of Schedule 2 (persons liable to investigation), omit paragraph 90. *Civil Contingencies Act 2004 (c. 36)*\n\n16) In Schedule 1 to the Civil Contingencies Act 2004, in Part 1 (list of Category 1 responders) for paragraph 9 substitute— \n9) The Secretary of State, in so far as the functions of the Secretary of State include responding to emergencies by virtue of — \n\ta) the Secretary of State's functions under section 2A of the National Health Service Act 2006, \n\tb) the Secretary of State's functions under section 58 of the Health and Social Care Act 2012 in so far as it applies in relation to Wales or Scotland, or \n\tc) arrangements made by the Welsh Ministers or Scottish Ministers under which the Secretary of State exercises on their behalf functions in relation to protecting the public in Wales or Scotland from disease or other dangers to health. *National Health Service Act 2006 (c. 41)*\n\n17) The National Health Service Act 2006 is amended as follows. \n18) In section 9 (NHS contracts), in subsection (4) omit paragraph (j). \n19) In section 71 (schemes for meeting losses and liabilities of certain health bodies)— \n\ta) in subsection (2) omit paragraph (g), and \n\tb) in subsection (5) for  “, (f) and (g)” substitute  “and (f)”. *National Health Service (Wales) Act 2006 (c. 42)*\n\n20) The National Health Service (Wales) Act 2006 is amended as follows. \n21) In section 7 (NHS contracts), in subsection (4) omit paragraph (j). \n22) In section 30 (schemes for meeting losses and liabilities of certain health bodies), in subsection (2)— \n\ta) after paragraph (b) insert  “and”, and \n\tb) omit paragraph (e) and the preceding  “and”. *National Health Service (Consequential Provisions) Act 2006 (c. 43)*\n\n23) In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006 (consequential amendments), omit paragraphs 257 to 259 (and the cross-heading preceding them). *Health and Social Care Act 2008 (c. 14)*\n\n24) In section 159 (functions of Health Protection Agency in relation to biological substances), omit subsections (2) to (6). *Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))*\n\n25) In article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts), in paragraph (2)(g) omit paragraph (vi). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/7",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of the Health Protection Agency: consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638054Z",
    "text": "Section 158) **Voting**\n\n1) After paragraph 29 of Schedule 7 to the National Health Service Act 2006 insert— \n\nSection 30) **Power to make provision about voting**\n\n1) Regulations may amend this Chapter so as to add, vary or omit provision relating to voting by members of the council of governors of a public benefit corporation that is an NHS foundation trust, by its directors or by its members. \n2) The power under sub-paragraph (1) is exercisable only in relation to provision in this Chapter that was inserted, or otherwise provided for, by Part 4 of the Health and Social Care Act 2012. \n2) In section 64(3) of that Act (regulations under Chapter 5 of Part 2 of that Act that are subject to affirmative procedure), after paragraph (a)\n\t\t\t\t\t(but before the  “or” following it) insert— \n\taa) regulations under paragraph 30(1) of Schedule 7, . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/158",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/158",
    "legislation_id": "ukpga/2012/7",
    "title": "Voting",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 158,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638374Z",
    "text": "Section 211) **Orders regulating social care workers in England: further provision**\n\n1) Schedule 3 to the Health Act 1999 (further provision as to power to make Orders in Council under section 60 of that Act) is amended as follows. \n2) After paragraph 1 (matters generally within the scope of the Orders) insert— \n\nSection 1A) ****\nAn Order may make provision, in relation to any social care workers in England, for any of the following matters (among others)— \n\ta) the establishment and continuance of a regulatory body, \n\tb) the functions of the Health and Care Professions Council or of another regulatory body, \n\tc) keeping registers of social care workers in England of any description, \n\td) privileges of registered persons, \n\te) education and training, \n\tf) standards of conduct and performance, \n\tg) discipline, \n\th) removal or suspension from registration or the imposition of conditions on registration, \n\ti) investigation and enforcement by or on behalf of the Health and Care Professions Council or another regulatory body, \n\tj) appeals, \n\tk) default powers exercisable by a person other than the Health and Care Professions Council or another regulatory body. \n3) After paragraph 1A insert— \n\nSection 1B) ****\nThe provision that may be made by virtue of paragraph 1(e) or 1A(f) includes provision for standards of conduct and performance of members of a profession, or social care workers in England, carrying out the functions of an approved mental health professional. \n4) In paragraph 7 (prohibition on Orders abolishing regulatory bodies), in sub-paragraph (1), for paragraph (c) substitute— \n\tc) the Health and Care Professions Council, . \n5) In paragraph 8 (matters outside the scope of the Orders), after sub-paragraph (2) insert— \n2ZA) Where an enactment provides for any function mentioned in sub-paragraph (2ZB) to be exercised by the Health and Care Professions Council or another regulatory body, or any of its committees or officers, an Order may not provide for any person other than that body or any of its committees or officers to exercise that function. \n2ZB) The functions are— \n\ta) keeping the registers of social care workers in England of any description, \n\tb) determining standards of education and training required as a condition of registration, \n\tc) giving advice about standards of conduct and performance. \n6) In paragraph 9 (preliminary procedure for making Orders), in sub-paragraph (1)(b)— \n\ta) after  “represent any profession” insert  “or any social care workers in England”, and \n\tb) after  “by any profession” insert  “or any social care workers in England”. \n7) In paragraph 10 (interpretation)— \n\ta) at the appropriate place insert the following— “social care work in England”,  “social care workers in England” and  “the social work profession in England” have the meaning given by section 60, , and \n\tb) in the definition of  “regulatory body”— \n\t\ti) after  “any profession” insert  “or any social care workers in England”, and \n\t\tii) after  “the profession” insert  “or the social care workers in England concerned”. \n8) In paragraph 11 (application), after sub-paragraph (2) insert— \n2A) References in section 60 and this Schedule to regulation, in relation to social care workers in England, include— \n\ta) the regulation of persons seeking to be registered or who were, but are no longer, allowed to be registered as social care workers in England, \n\tb) the regulation of activities carried on by persons who are not social care workers in England (or members of the social work profession in England) but which are carried on in connection with social care work in England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/211",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/211",
    "legislation_id": "ukpga/2012/7",
    "title": "Orders regulating social care workers in England: further provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 211,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637576Z",
    "text": "Section 40) **After-care**\n\n1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows. \n2) In subsection (2)— \n\ta) after  “duty of the” insert  “clinical commissioning group or”, \n\tb) omit  “Primary Care Trust or” in each place it appears, and \n\tc) after  “such time as the” insert  “clinical commissioning group or”. \n3) After subsection (2C) insert— \n2D) Subsection (2), in its application to the clinical commissioning group, has effect as if for  “to provide” there were substituted  “to arrange for the provision of”. \n2E) The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board. \n2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board. \n2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act. \n4) In subsection (3)— \n\ta) after “section  “the” insert  “clinical commissioning group or”, \n\tb) omit  “Primary Care trust or” in each place it appears, and \n\tc) after  “means the”, in the first place it appears, insert  “clinical commissioning group or”. \n5) In section 275 of the National Health Service Act 2006 (interpretation) after subsection (4) insert— \n5) In each of the following, the reference to section 3 includes a reference to section 117 of the Mental Health Act 1983 (after-care)— \n\ta) in section 223K(8), paragraph (a) of the definition of  “relevant services”, \n\tb) in section 244(3), paragraph (a)(i) of the definition of  “relevant health service provider”, \n\tc) in section 252A(10), the definition of  “service arrangements”, \n\td) section 253(1A)(d)(ii). \n6) In section 48 of the Health and Social Care Act 2008 (special reviews and investigations), in subsection (2)(ba), after  “the National Health Service Act 2006” insert  “or section 117 of the Mental Health Act 1983 (after-care)”. \n7) In section 97 of that Act (general interpretation of Part 1), in subsection (2A), after  “section 7A of that Act)” insert  “or section 117 of the Mental Health Act 1983 (after-care)”. \n8) In consequence of the repeals made by subsections (2)(b) and (4)(b), omit paragraph 47 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/40",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/40",
    "legislation_id": "ukpga/2012/7",
    "title": "After-care",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 40,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638174Z",
    "text": "Section 189) **Consequential provision**\n\n1) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, after paragraph (bk) (as inserted by paragraph 2 of Schedule 13) insert— \n\tbl) Local Healthwatch organisations, as regards the carrying-on of activities specified in section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services); . \n2) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “\n                      Director of a Local Healthwatch organisation.\n               ” \n3) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “\n                      Director of a Local Healthwatch organisation.\n               ” \n4) In Part 2 of Schedule 1 to the Freedom of Information Act 2000 (local government), after paragraph 35D insert— \n\nSection 35E) ****\nA Local Healthwatch organisation, in respect of information held in connection with— \n\ta) arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, or \n\tb) arrangements made in pursuance of arrangements made under section 221(1) of that Act. \n5) In section 65H of the National Health Service Act 2006 (NHS foundation trust special administration provisions: consultation requirements), in subsection (8), for subsection (e) substitute— \n\te) a Local Healthwatch organisation; . \n6) In section 4 of the Health and Social Care Act 2008 (matters to which the Care Quality Commission must have regard)— \n\ta) in subsection (1)(c)— \n\t\ti) for  “local involvement networks” substitute  “Local Healthwatch organisations or Local Healthwatch contractors”, and \n\t\tii) omit  “in their areas”; and \n\tb) for subsection (3) substitute— \n\t3) In subsection (1)(c),  “Local Healthwatch contractor” has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/189",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/189",
    "legislation_id": "ukpga/2012/7",
    "title": "Consequential provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 189,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638671Z",
    "text": "Section 277A) **Provision of adult social care information to Secretary of State**\n\n1) The Secretary of State may require a relevant provider of adult social care services to provide the Secretary of State with information that relates to— \n\ta) the person on whom the requirement is imposed, \n\tb) their activities in connection with the provision of adult social care in England, or \n\tc) any person to whom they have provided — \n\t\ti) adult social care in England, or \n\t\tii) adult social care, outside England, in pursuance of arrangements made by an English local authority. \n2) The Secretary of State may impose a requirement under subsection (1) only if the information is sought for purposes connected with the health care system, or adult social care system, in England. \n3) A requirement under subsection (1) may specify— \n\ta) the form and manner in which information is to be provided, and \n\tb) when information is to be provided. \n4) A requirement under subsection (1) must be in writing. \n5) The provision of information under this section— \n\ta) does not breach any obligation of confidence owed by the person providing it, but \n\tb) is subject to any express restriction on disclosure imposed by any enactment (other than a restriction which allows disclosure if authorised by an enactment). \n6) For enforcement of requirements under subsection (1) , see section 277E . \n7) In this section— \n\t- “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;\n\t- “English local authority” means— a county council in England;a district council for an area in England for which there is no county council;a London borough council;the Common Council of the City of London (in its capacity as a local authority);\n\t- “relevant provider of adult social care services” means a person who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act) involving or connected with the provision of adult social care.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/277A",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/277A",
    "legislation_id": "ukpga/2012/7",
    "title": "Provision of adult social care information to Secretary of State",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637623Z",
    "text": "Section 52) **Secretary of State's duty to keep health service functions under review**\nIn Part 13 of the National Health Service Act 2006, after section 247B (as inserted by section 60) insert— *Duty to keep under review*\n\n\nSection 247C) **Secretary of State's duty to keep health service functions under review**\n\n1) The Secretary of State must keep under review the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service in England. \n2) The bodies mentioned in this subsection are— \n\ta) the Board; \n\tb) Monitor; \n\tc) the Care Quality Commission and its Healthwatch England committee; \n\td) the National Institute for Health and Care Excellence; \n\te) the Health and Social Care Information Centre; \n\tf) Special Health Authorities. \n3) The Secretary of State may include in an annual report under section 247D the Secretary of State's views on the effectiveness of the exercise by the bodies mentioned in subsection (2) of functions in relation to the health service. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/52",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/52",
    "legislation_id": "ukpga/2012/7",
    "title": "Secretary of State's duty to keep health service functions under review",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 52,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638563Z",
    "text": "Section 251C) **Continuity of information: interpretation**\n\n1) This section applies for the purposes of sections 251A and 251B and this section. \n2) “Relevant health or adult social care commissioner or provider” means— \n\ta) any public body so far as it exercises functions in connection with the provision of health services, or of adult social care in England, and \n\tb) any person (other than a public body) so far as the person provides such services or care— \n\t\ti) pursuant to arrangements made with a public body exercising functions in connection with the provision of the services or care, and \n\t\tii) otherwise than as a member or officer of a body or an employee of a person, but this is subject to subsection (3). \n3) The Secretary of State may by regulations provide for a person to be excluded from the definition of  “relevant health or adult social care commissioner or provider”, whether generally or in particular cases. \n4) Regulations under subsection (3) may, in particular, provide for a person to be excluded in relation to the exercise of particular functions or the exercise of functions in relation to particular descriptions of person, premises or institution. \n5) A reference to an inclusion or a disclosure being likely to facilitate the provision to an individual of health services or adult social care in England is to its being likely to facilitate that provision directly (rather than by means of a clinical trial, a study, an audit, or any other indirect means). \n6) “Anonymous access provider” means a relevant health or adult social care commissioner or provider (whether  “the relevant person” under section 251A(3)(a) or 251B(1) or another person) whose services or care are, or may be, received by individuals anonymously due to the nature of the services or care. \n6A) “Health services” means services which must or may be provided as part of the health service in England; and for that purpose “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act). \n7) “Adult social care” and “public body” have the same meaning as in section 250; and “processes” and “processed” are to be read in accordance with the meaning of “processing” in that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/251C",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/251C",
    "legislation_id": "ukpga/2012/7",
    "title": "Continuity of information: interpretation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638924Z",
    "text": "SCHEDULE 14 Abolition of NHS trusts in England: consequential amendments Section 179 ## PART 1\n## Amendments of the National Health Service Act 2006\n\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n27) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n30) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n34) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n38) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n39) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## PART 2\n## Amendments of other Acts\n\n*Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)*\n\n41) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Public Bodies (Admission to Meetings) Act 1960 (c. 67)*\n\n42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Abortion Act 1967 (c. 87)*\n\n43) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)*\n\n44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Local Government Act 1972 (c. 70)*\n\n45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *House of Commons Disqualification Act 1975 (c. 24)*\n\n46) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Acquisition of Land Act 1981 (c. 67)*\n\n47) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n48) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n49) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Mental Health Act 1983 (c. 20)*\n\n50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)*\n\n51) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Copyright, Designs and Patents Act 1988 (c. 48)*\n\n52) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Health and Medicines Act 1988 (c. 49)*\n\n53) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Road Traffic Act 1988 (c. 52)*\n\n54) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Access to Health Records Act 1990 (c. 23)*\n\n55) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Water Industry Act 1991 (c. 56)*\n\n56) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *London Local Authorities Act 1991 (c. xiii)*\n\n57) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Social Security Contributions and Benefits Act 1992 (c. 4)*\n\n58) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n59) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n61) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Health Service Commissioners Act 1993 (c. 46)*\n\n63) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Vehicle Excise and Registration Act 1994 (c. 22)*\n\n64) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Value Added Tax Act 1994 (c. 23)*\n\n65) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n66) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n67) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Employment Rights Act 1996 (c. 18)*\n\n68) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n69) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n70) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Audit Commission Act 1998 (c. 18)*\n\n71) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n72) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n73) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Data Protection Act 1998 (c. 29)*\n\n74) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Health Act 1999 (c. 8)*\n\n75) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Greater London Authority Act 1999 (c. 29)*\n\n76) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Care Standards Act 2000 (c. 14)*\n\n77) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n78) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n79) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n80) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Freedom of Information Act 2000 (c. 36)*\n\n81) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *International Development Act 2002 (c. 1)*\n\n82) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Nationality, Immigration and Asylum Act 2002 (c. 41)*\n\n83) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Community Care (Delayed Discharges etc.) Act 2003 (c. 5)*\n\n84) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Finance Act 2003 (c. 14)*\n\n85) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n86) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n87) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Licensing Act 2003 (c. 17)*\n\n88) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Health and Social Care (Community Health and Standards) Act 2003 (c. 43)*\n\n89) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n90) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n91) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n92) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n93) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Finance Act 2004 (c. 12)*\n\n94) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Domestic Violence, Crime and Victims Act 2004 (c. 28)*\n\n95) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Children Act 2004 (c. 31)*\n\n96) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n97) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n98) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n99) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Civil Contingencies Act 2004 (c. 36)*\n\n100) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *National Health Service (Wales) Act 2006 (c. 42)*\n\n101) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)*\n\n102) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Local Government and Public Involvement in Health Act 2007 (c. 28)*\n\n103) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n104) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n105) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n106) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Criminal Justice and Immigration Act 2008 (c. 4)*\n\n107) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Health and Social Care Act 2008 (c. 14)*\n\n108) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n109) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n110) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Autism Act 2009 (c. 15)*\n\n111) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Health Act 2009 (c. 21)*\n\n112) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n113) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n114) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Corporation Tax Act 2010 (c. 4)*\n\n115) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Equality Act 2010 (c. 15)*\n\n116) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Charities Act 2011 (c. 25)*\n\n117) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n118) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n119) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/14",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of NHS trusts in England: consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638808Z",
    "text": "Section 307) **Commencement: consultation with Scottish Ministers**\n\n1) The Secretary of State must consult the Scottish Ministers before making an order under section 306(4) relating to— \n\ta) section 58 (radiation protection functions), so far as relating to the Scottish Ministers, \n\tb) section 60 (co-operation in relation to public health functions), so far as relating to the exercise of functions in relation to Scotland by a person to which the provision inserted by subsection (1) of that section applies, \n\tc) section 223(4) (requirement for persons advised etc. by the Professional Standards Authority for Health and Social Care to pay fee), so far as relating to the Scottish Ministers, \n\td) section 224(1) (funding of the Professional Standards Authority for Health and Social Care), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998 (health professions), \n\te) section 224(4) and (5) (power of the Professional Standards Authority for Health and Social Care to borrow), so far as relating to functions of the Professional Standards Authority for Health and Social Care which are exercisable in relation to— \n\t\ti) unregulated health professionals in Scotland, unregulated health care workers in Scotland or relevant students in Scotland, \n\t\tii) a body that maintains a register of persons within sub-paragraph (i), \n\t\tiii) a profession in Scotland which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998, or \n\t\tiv) a body that regulates a profession within sub-paragraph (iii), \n\tf) section 225(1) (power of the Professional Standards Authority for Health and Social Care to advise regulatory bodies etc.), so far as relating to a body that regulates a profession in Scotland which does not fall within Section G of Part 2 of Schedule 5 to the Scotland Act 1998 (architects, health professions and auditors), \n\tg) section 226(8) (requirement for the Professional Standards Authority for Health and Social Care to lay copy strategic reports before Parliament etc.), so far as relating to the Scottish Parliament, \n\th) section 227 (appointments to regulatory bodies), so far as relating to— \n\t\ti) the exercise of the appointment functions under subsection (8)(f) of the provision inserted by that section, or \n\t\tii) subsection (4) of that provision, \n\ti) section 228 (establishment of voluntary registers), so far as relating to the establishment and maintenance of relevant registers, \n\tj) section 229 (accreditation of voluntary registers), so far as relating to the functions of the Professional Standards Authority for Health and Social Care in relation to relevant registers, \n\tk) Part 2 or 3 of Schedule 15 (amendments relating to the Health and Care Professions Council or the Professional Standards Authority for Health and Social Care) and section 230(1) so far as relating to the Part in question, and \n\tl) paragraphs 1 to 4 of Schedule 21 (amendments of the National Health Service (Scotland) Act 1978 relating to the relationships between the health services) and section 297 so far as relating to those paragraphs. \n2) In this section— \n\t- “relevant registers” means— registers of unregulated health professionals in Scotland,registers of unregulated health care workers in Scotland, orregisters of relevant students in Scotland,\n\t- “relevant students in Scotland” means persons participating in studies in Scotland for the purpose of becoming— an unregulated health professional,an unregulated health care worker, ora member of a profession which does not fall within Section G2 of Part 2 of Schedule 5 to the Scotland Act 1998,\n\t- “unregulated health professional” means a person who is or has been practising as an unregulated health professional (within the meaning of the provisions inserted by section 228) and  “unregulated health professional in Scotland” means a person who is or has been practising as such in Scotland, and\n\t- “unregulated health care worker” means a person who is or has been engaged in work as an unregulated health care worker (within the meaning of those provisions) and  “unregulated health care worker in Scotland” means a person who is or has been engaged in such work in Scotland.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/307",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/307",
    "legislation_id": "ukpga/2012/7",
    "title": "Commencement: consultation with Scottish Ministers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 307,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638721Z",
    "text": "Section 285) **Provision of information by Registrar General**\n\n1) Section 270 of the National Health Service Act 2006 (provision of information by Registrar General) is amended as follows. \n2) In subsection (1)\n\t\t\t\t\t— \n\ta) for  “the Secretary of State” substitute  “any of the following persons”, and \n\tb) at the end insert — \n\t\ta) the Secretary of State, \n\t\tb) the Board, \n\t\tc) a clinical commissioning group, \n\t\td) a local authority, \n\t\te) the National Institute for Health and Care Excellence, \n\t\tf) the Health and Social Care Information Centre, \n\t\tg) a Special Health Authority which has functions that are exercisable in relation to England, \n\t\th) the Care Quality Commission, and \n\t\ti) such other persons as the Secretary of State may specify in a direction. \n3) In subsection (2)\n\t\t\t\t\t— \n\ta) for  “the Secretary of State” substitute  “the person to whom the information is provided”, and \n\tb) for  “his functions” substitute  “functions exercisable by the person”. \n4) After subsection (4) insert— \n5) In this section,  “local authority” has the same meaning as in section 2B. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/285",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/285",
    "legislation_id": "ukpga/2012/7",
    "title": "Provision of information by Registrar General",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 285,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638023Z",
    "text": "Section 150) **Interpretation, transitional provision and consequential amendments**\n\n1) In this Part— \n\t- “anti-competitive behaviour” means behaviour which would (or would be likely to) prevent, restrict or distort competition and a reference to preventing anti-competitive behaviour includes a reference to eliminating or reducing the effects (or potential effects) of the behaviour;\n\t- “the CMA” means the Competition and Markets Authority;\n\t- “commissioner”, in relation to a health care service, means the person who arranges for the provision of the service (and  “commission” is to be construed accordingly);\n\t- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);\n\t- “facilities” has the same meaning as in the National Health Service Act 2006 (see section 275 of that Act);\n\t- “financial year” means a period of 12 months ending with 31 March;\n\t- “health care” means all forms of health care provided for individuals, whether relating to physical or mental health, with a reference in this Part to “health care services” being read accordingly; and for the purposes of this Part it does not matter if a health care service is also an adult social care service;\n\t- “the NHS” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006, except the part of it that is provided in pursuance of the public health functions (within the meaning of that Act) of the Secretary of State or local authorities;\n\t- “prescribed” means prescribed in regulations;\n\t- “service” includes facility.\n1A) A reference in this Part to the provision of health care services for the purposes of the NHS is a reference to their provision for those purposes in accordance with the National Health Service Act 2006. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Until section 181 comes into force, the following provisions in this Part are to be read as if the words  “and its Healthwatch England committee” were omitted— \n\ta) section 83(4)(c); \n\tb) section 84(5)(a)(iii); \n\tc) section 95(2)(e); \n\td) section 100(2)(e). \n5) Schedule 13 (which contains minor and consequential amendments) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/150",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/150",
    "legislation_id": "ukpga/2012/7",
    "title": "Interpretation, transitional provision and consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 150,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638928Z",
    "text": "SCHEDULE 15 Part 7: consequential amendments and savings Sections 230 and 231 ## PART 1\n## Abolition of The General Social Care Council\n\n*Amendments to the Care Standards Act 2000 (c. 14)*\n\n1) The Care Standards Act 2000 is amended as follows. \n2) In section 55(3)(g) (power to treat persons on certain social work courses as social care workers)— \n\ta) for  “a Council” substitute  “the Welsh Council”, and \n\tb) after  “section 63” insert  “, or by the Health and Care Professions Council under article 15 of the Health and Social Work Professions Order 2001,”. \n3) In section 56 (register of social care workers etc.)— \n\ta) in subsection (1), for  “Each Council” substitute  “The Welsh Council”, and \n\tb) in subsection (4), for  “the Council” substitute  “the Welsh Council”. \n4) In section 57 (applications for registration), in subsection (1), for  “a Council” substitute  “the Welsh Council”. \n5) In section 58 (grant or refusal of registration), in subsection (1) for  “the Council” substitute  “the Welsh Council”. \n6) In section 58A (visiting social workers from relevant European States)— \n\ta) in subsections (3) and (7), for  “a Council” substitute  “the Welsh Council”, and \n\tb) in subsection (6), for  “a Council, that” substitute  “the Welsh Council, the”. \n7) In section 59 (removal etc. from register), in subsection (1), for  “Each Council” substitute  “The Welsh Council”. \n8) In section 60 (rules about registration), for  “A Council” substitute  “The Welsh Council”. \n9) In section 61 (offence relating to use of title  “social worker” etc.)— \n\ta) in subsection (1), after  “a person” insert  “in Wales”, \n\tb) in subsection (2)(a), for  “a Council” substitute  “the Welsh Council”, and \n\tc) in subsection (2)(b), after  “the law of” insert  “England and Wales so far as applying in relation to England,”. \n10) In section 62 (codes of practice)— \n\ta) in subsection (1), for  “Each Council” substitute  “The Welsh Council”, \n\tb) in subsections (3), (4) and (6), for  “a Council” substitute  “the Council”, and \n\tc) in subsection (5), after  “Local authorities” insert  “in Wales”. \n11) In section 63 (approval of courses etc.)— \n\ta) in subsection (1), for  “Each Council” substitute  “The Welsh Council”, and \n\tb) in subsection (4), for  “A Council” substitute  “The Council”. \n12) In section 64 (qualifications gained outside Council's area)— \n\ta) in subsection (A1), for  “a Council” substitute  “the Welsh Council”, \n\tb) omit subsection (1), and \n\tc) for the title substitute  “Qualifications gained outside the Welsh Council's area”. \n13) In section 65(1) (power to make rules requiring registered persons to undertake further training), for  “A Council” substitute  “The Welsh Council”. \n14) In section 66 (visitors for certain social work courses)— \n\ta) in subsection (1), for  “A Council” substitute  “The Welsh Council”, and \n\tb) in subsection (3), for  “a Council” substitute  “the Council”. \n15) In section 67 (functions of the appropriate Minister)— \n\ta) in subsection (2), for  “a Council” substitute  “the Welsh Council”, and \n\tb) in subsection (5), omit paragraph (a) (and the  “or” following it). \n16) In section 68 (appeals to the Tribunal), in subsections (1) and (1A), for  “a Council” substitute  “the Welsh Council”. \n17) In section 69 (publication etc. of register), in subsection (1), for  “A Council” substitute  “The Welsh Council”. \n18) Omit section 70 (abolition of the Central Council for Education and Training in Social Work). \n19) In section 71 (rules), in subsections (1), (2), (3A) and (4), for  “a Council” substitute  “the Welsh Council”. \n20) In section 113 (default Ministerial powers), omit subsection (1). \n21) In section 114 (schemes for the transfer of staff), in subsection (1), omit  “, 70”. \n22) In section 118 (orders and regulations), in subsection (4), omit the words from  “; and” to the end. \n23) In section 121 (13) (index of defined expressions)— \n\ta) omit the entry for  “CCETSW”, \n\tb) omit the entry for references to the Council, the English Council and the Welsh Council, and \n\tc) at the end insert— the Welsh CouncilSection 54 . \n24) In section 122 (commencement), omit  “section 70(2) to (5) and”. \n25) In section 123 (extent), omit subsection (3). \n26) Schedule 1 (the Care Councils) is amended as follows. \n27) Omit paragraph 1 (introductory). \n28) In paragraph 2 (status)— \n\ta) for  “An authority” substitute  “The Welsh Council”, and \n\tb) for “an authority's” substitute “the Council's”. \n29) In paragraph 3(1) (general powers), for  “the Secretary of State, an authority” substitute  “the Welsh Ministers, the Welsh Council”. \n30) In paragraph 4 (general duty), for  “an authority” substitute  “the Welsh Council”. \n31) For paragraph 5 (membership)— \n\ta) for  “Each authority” substitute  “The Welsh Council”, and \n\tb) for  “the Secretary of State” substitute  “the Welsh Ministers”. \n32) In paragraph 6 (appointment, procedure etc.)— \n\ta) for  “The Secretary of State” substitute  “The Welsh Ministers”, \n\tb) in paragraph (a), for  “an authority” substitute  “the Welsh Council”, \n\tc) in paragraphs (b), (c) and (d), (in the case of paragraph (d), in each place it appears) for  “an authority” substitute  “the Council”, and \n\td) in paragraph (c), for  “the authority” substitute  “the Council”. \n33) \n1) Paragraph 7 (remuneration and allowances) is amended as follows. \n2) In sub-paragraph (1)— \n\ta) for  “An authority” substitute  “The Welsh Council”, \n\tb) for  “the authority”, in each place it appears, substitute  “the Council”, and \n\tc) for  “the Secretary of State” substitute  “the Welsh Ministers”. \n3) In sub-paragraph (2)— \n\ta) for  “the Secretary of State so determines” substitute  “the Welsh Ministers so determine”, \n\tb) for  “an authority”, in each place it appears, substitute  “the Council”, and \n\tc) for  “the Secretary of State” substitute  “the Welsh Ministers”. \n4) In sub-paragraph (3)— \n\ta) for  “the Secretary of State determines” substitute  “the Welsh Ministers determine”, \n\tb) for  “an authority” substitute  “the Council”, \n\tc) for  “the authority” substitute  “the Council”, and \n\td) for  “the Secretary of State” substitute  “the Welsh Ministers”. \n34) \n1) Paragraph 8 (chief officer) is amended as follows. \n2) In sub-paragraph (1)— \n\ta) for  “each authority” substitute  “the Welsh Council”, and \n\tb) for  “the authority”, in each place it appears, substitute  “the Council”. \n3) In sub-paragraph (2), for  “the Secretary of State”, in each place it appears, substitute  “the Welsh Ministers”. \n4) In sub-paragraph (3), for  “the authority” substitute  “the Council”. \n5) In sub-paragraph (4), for  “the Secretary of State” substitute  “the Welsh Ministers”. \n35) \n1) Paragraph 12 (staff) is amended as follows. \n2) In sub-paragraph (1), for  “An authority” substitute  “The Welsh Council”. \n3) In sub-paragraph (2)— \n\ta) for  “an authority” substitute  “the Council”, and \n\tb) for  “the authority” substitute  “the Council”. \n4) In sub-paragraph (3), for  “an authority” substitute  “the Council”. \n5) In sub-paragraph (4)— \n\ta) for  “Secretary of State” substitute  “Welsh Ministers”, \n\tb) in paragraph (a), for  “an authority” substitute  “the Council”, and \n\tc) in paragraph (c), for  “the authority” substitute  “the Council”. \n36) \n1) Paragraph 13 (delegation of functions) is amended as follows. \n2) In sub-paragraph (1)— \n\ta) for  “An authority” substitute  “The Welsh Council”, and \n\tb) for  “the authority” substitute  “the Council”. \n3) In sub-paragraph (2)— \n\ta) for  “An authority” substitute  “The Council”, and \n\tb) for  “the authority” substitute  “the Council”. \n37) In paragraph 14 (arrangements for the use of staff)— \n\ta) for  “The Secretary of State” substitute  “The Welsh Ministers”, \n\tb) in paragraph (a), for  “an authority” substitute  “the Welsh Council”, and \n\tc) in paragraph (b), for  “an authority” substitute  “the Council”, and for  “the authority” substitute  “the Council”. \n38) In paragraph 16 (payments to authorities)— \n\ta) for  “The Secretary of State” substitute  “The Welsh Ministers”, \n\tb) for  “an authority” substitute  “the Welsh Council”, and \n\tc) for  “he considers” substitute  “they consider”. \n39) \n1) Paragraph 18 (accounts) is amended as follows. \n2) In sub-paragraph (1)— \n\ta) for  “An authority” substitute  “The Welsh Council”, and \n\tb) for  “the Secretary of State” substitute  “the Welsh Ministers”. \n3) In sub-paragraph (2)— \n\ta) for  “An authority” substitute  “The Council”, and \n\tb) for  “the Secretary of State” substitute  “the Welsh Ministers”. \n4) In sub-paragraph (3)— \n\ta) for  “An authority” substitute  “The Council”, \n\tb) for  “the Secretary of State”, in each place it appears, substitute  “the Welsh Ministers”, and \n\tc) for  “the Comptroller and Auditor General” substitute  “the Auditor General for Wales”. \n5) In sub-paragraph (4)— \n\ta) for  “The Comptroller and Auditor General” substitute  “The Auditor General for Wales”, and \n\tb) for  “Parliament” substitute  “the Assembly”. \n6) In sub-paragraph (5)— \n\ta) for  “an authority” substitute  “the Council”, and \n\tb) in paragraph (a), for  “the authority” substitute  “the Council”. \n40) \n1) Paragraph 19 (reports etc.) is amended as follows. \n2) In sub-paragraph (1)— \n\ta) for  “an authority” substitute  “the Welsh Council”, and \n\tb) for  “the Secretary of State” substitute  “the Welsh Ministers”. \n3) In sub-paragraph (2)— \n\ta) for  “An Authority” substitute  “The Council”, \n\tb) for  “the Secretary of State” substitute  “the Welsh Ministers”, and \n\tc) for  “he” substitute  “they”. \n4) In sub-paragraph (3), for  “the authority” substitute  “the Council”. \n41) In paragraph 20 (application of seal)— \n\ta) for  “an authority” substitute  “the Welsh Council”, and \n\tb) in paragraphs (a) and (b), for  “the authority” substitute  “the Council”. \n42) In paragraph 21 (evidence), for  “an authority” substitute  “the Welsh Council”. \n43) For the title to Schedule 1 substitute  “The Welsh Council”. *Amendments to the Health and Social Care Act 2008 (c. 14)*\n\n44) The Health and Social Care Act 2008 is amended as follows. \n45) \n1) In section 124 (regulation of social care workers)— \n\ta) in subsection (1), for  “appropriate Minister”, in each place it appears, substitute  “Welsh Ministers”, \n\tb) in that subsection, for  “their regulation” substitute  “the regulation of social care workers”, and \n\tc) in subsection (3), omit the definition of  “the appropriate Minister”. \n2) For the title to that section substitute  “Regulation of social care workers: Wales”. \n46) Section 125 (standard of proof in proceedings relating to registration of social care worker)— \n\ta) in subsection (2), for  “a committee of a Council, a Council itself or any officer of a Council” substitute  “the Care Council for Wales, a committee of the Council or any officer of the Council”, and \n\tb) in subsection (3), omit paragraph (a). \n47) \n1) Section 126 (education and training of approved mental health professionals) is amended as follows. \n2) In subsection (1)— \n\ta) for  “appropriate Minister” substitute  “Welsh Ministers”, and \n\tb) omit  “the General Social Care Council or”. \n3) In subsection (4), omit the definition of  “the appropriate Minister”. \n4) For the title to section 126 substitute  “Education and training of approved mental health professionals: Wales”. \n48) In section 171(4) (provisions which Welsh Ministers have power to commence), before paragraph (a) insert— \n\tza) sections 124 and 125 and Schedule 9 (regulation of social care workers: Wales) and section 126 (education and training of approved mental health professionals: Wales), . \n49) \n1) Schedule 9 (regulation of social care workers) is amended as follows. \n2) In paragraph 1 (interpretation), for the definition of  “the appropriate Council” substitute— “the Council” means the Care Council for Wales. \n3) In paragraph 2 (matters generally within the scope of regulations), in paragraphs (a) and (h), for  “the appropriate Council” substitute  “the Council”. \n4) In paragraph 5 (payments), in paragraph (b), for  “the appropriate Council” substitute  “the Council”. \n5) In paragraph 6 (sub-delegation), in paragraph (a), omit the words from  “Ministers of the Crown” to  “Welsh Ministers, on”. \n6) In paragraph 8 (matters outside the scope of regulations)— \n\ta) in sub-paragraph (1), omit  “the General Social Care Council or”, \n\tb) in sub-paragraph (2), for  “either of those Councils” substitute  “the Council”, and \n\tc) in that sub-paragraph, for  “that Council” substitute  “the Council”. \n7) Omit paragraph 9 (preliminary procedure for making regulations: England). \n8) For the title to that Schedule substitute  “Regulation of social care workers: Wales”. *Amendments to other Acts*\n\n50) In the following provisions, omit the entry for the General Social Care Council— \n\ta) the Schedule to the Public Bodies (Admission to Meetings) Act 1960, \n\tb) Schedule 2 to the Parliamentary Commissioner Act 1967, \n\tc) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, \n\td) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and \n\te) Part 6 of Schedule 1 to the Freedom of Information Act 2000. \n51) In section 343 of the Income Tax (Earning and Pensions) Act 2003 (deductions for professional membership fees), in paragraph 1 of the Table in subsection (2), omit sub-paragraph (o). \n52) In section 41 of the Safeguarding Vulnerable Groups Act 2006 (registers: duty to refer), in entry number 8 in the table in subsection (7)— \n\ta) in the first column, after  “social care workers” insert  “in Wales”, and \n\tb) in the second column, for the words from  “General” to the end substitute  “Care Council for Wales”. ## PART 2\n## The Health and Care Professions Council\n\n\n53) \n1) A reference in any instrument or document to the Health Professions Council is to be read, in relation to any time after the commencement of section 214(1), as a reference to the Health and Care Professions Council. \n2) A reference in this Act or any other enactment, or in any other instrument or document, to the Health and Care Professions Council is to be read, in relation to any time before the commencement of section 214(1), as a reference to the Health Professions Council. \n3) In sub-paragraph (2),  “enactment” means an enactment contained in, or in an instrument made under— \n\ta) an Act of Parliament, \n\tb) an Act of the Scottish Parliament, \n\tc) an Act or Measure of the National Assembly for Wales, or \n\td) Northern Ireland legislation. \n54) In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, at the appropriate place insert— “\n                The Health and Care Professions Council\n         ” . \n55) In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, at the appropriate place insert— “\n                The Health and Care Professions Council\n         ” . \n56) In the following provisions, for  “the Health Professions Council” substitute  “the Health and Care Professions Council”— \n\ta) Part 6 of Schedule 1 to the Freedom of Information Act 2000, \n\tb) section 25(3)(gb) of the National Health Service Reform and Health Care Professions Act 2002, \n\tc) section 4(4)(a) of the Health (Wales) Act 2003, \n\td) paragraph 1(f) of the Table in section 343(2) of the Income Tax (Earning and Pensions) Act 2003, \n\te) paragraph 16 of Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, and \n\tf) sections 17(5)(c)(viii) and 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007. \n57) In section 257(3) of the Armed Forces Act 2006 (definition of  “registered social worker”), for paragraph (a) substitute— \n\ta) the Health and Care Professions Council; . \n58) After section 30A(5) of the Protection of Vulnerable Groups (Scotland) Act 2007, insert— \n6) The reference in subsection (5) to the Health and Care Professions Council does not include a reference to that body in so far as it has functions relating to the social work profession in England or social care workers in England (each of those expressions having the same meaning as in section 60 of the Health Act 1999). ## PART 3\n## The Professional Standards Authority for Health and Social Care\n\n*General*\n\n59) \n1) A reference in any instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time after the commencement of section 222(1), as a reference to the Professional Standards Authority for Health and Social Care. \n2) A reference in this Act or any other enactment, or in any other instrument or document, to the Professional Standards Authority for Health and Social Care is to be read, in relation to any time before the commencement of section 222(1), as a reference to the Council for Healthcare Regulatory Excellence. \n3) In sub-paragraph (2),  “enactment” means an enactment contained in, or in an instrument made under— \n\ta) an Act of Parliament, \n\tb) an Act of the Scottish Parliament, \n\tc) an Act or Measure of the National Assembly for Wales, or \n\td) Northern Ireland legislation. *Health Act 1999 (c. 8)*\n\n60) In section 60(1) of the Health Act 1999— \n\ta) in paragraph (c), for  “the Council for Healthcare Regulatory Excellence” substitute  “the Professional Standards Authority for Health and Social Care”, and \n\tb) in each of paragraphs (d) and (e), for  “Council” substitute  “Authority”. \n61) In paragraph 7(4) of Schedule 3 to that Act, for  “the Council for Healthcare Regulatory Excellence” substitute  “the Professional Standards Authority for Health and Social Care”. *National Health Service Reform and Health Care Professions Act 2002 (c. 17)*\n\n62) In each of the following provisions of the National Health Service Reform and Health Care Professions Act 2002, for  “Council” substitute  “Authority”— \n\ta) section 25(2), (2A) and (4), \n\tb) section 26(1), (2), (3) and (4), \n\tc) section 26A(1) (in each place it appears) and (2), \n\td) section 26B(1) and (4) (in each case, in each place it appears), \n\te) section 27(1), (2), (4), (10) and (14), \n\tf) section 28(1), (2)(b), (e), (f), (g), (h) and (j), (3)(a), (b) and (d) and (4), \n\tg) section 29(4) and (7) (in each case, in each place it appears), \n\th) in Schedule 7, paragraphs 2, 6(a), (b) and (c) (in each place it appears), 7, 8, 9(1) and (2), 10(1) and (2) (in each case, in each place it appears), 11(1) (in each place it appears), (2), (3) and (4), 12(1) (in each place it appears) and (2), 13, 14(1), (2), (3), (4), (7), (8) and (9), 15(1), (2), (3), (4) and (7)(a), 16(1), (1A)(a) and (b), (2), (3) and (4), 17 (in each place it appears), 18 and 19(1) and (2)(a) and (b), \n\ti) the title of each of sections 26, 27 and 29, and \n\tj) the cross-heading preceding each of paragraphs 14 and 19 of Schedule 7. \n63) In sections 26(6), 27(3) and 29(6) of, and paragraphs 1 and 4 of Schedule 7 to, that Act for  “The Council” substitute  “The Authority”. \n64) Omit section 26(12) of that Act. \n65) In section 26A(2) of, and paragraph 1 of Schedule 7 to, that Act for “Council's” substitute “Authority's”. \n66) For the title to Schedule 7 substitute  “The Professional Standards Authority for Health and Social Care”. *Other Acts, etc.*\n\n67) In section 36A(1)(b) of the Dentists Act 1984 (professions complementary to dentistry), for  “regulated by the Council for Healthcare Regulatory Excellence under section 25” substitute  “listed in section 25(3)”. \n68) In each of the following provisions, for  “the Council for Healthcare Regulatory Excellence” substitute  “the Professional Standards Authority for Health and Social Care”— \n\ta) paragraphs 1(bca) and 2(ca) of the Schedule to the Public Bodies (Admission to Meetings) Act 1960, \n\tb) paragraph (b) of the definition of  “relevant disciplinary proceedings” in section 201(4) of the National Health Service Act 2006, and \n\tc) paragraph (b) of the definition of  “relevant disciplinary proceedings” in section 149(4) of the National Health Service (Wales) Act 2006. \n69) \n1) In each of the following provisions, omit the entry for  “The Council for Healthcare Regulatory Excellence”— \n\ta) Schedule 1 to the Public Records Act 1958, \n\tb) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, \n\tc) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and \n\td) Part 6 of Schedule 1 to the Freedom of Information Act 2000. \n2) In each of the provisions listed in sub-paragraph (1), at the appropriate place insert— “\n                      The Professional Standards Authority for Health and Social Care\n             ” . \n3) Omit paragraph 26(a) of Schedule 10 to the Health and Social Care Act 2008 (which provides for the inclusion of a reference to the Council for Healthcare Regulatory Excellence in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked). ## PART 4\n## The Office of the Health Professions Adjudicator\n\n*Miscellaneous amendments*\n\n70) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960, omit paragraphs 1(bcb) and 2(cb). \n71) \n1) Omit the entry for the Office of the Health Professions Adjudicator in each of the following— \n\ta) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, \n\tb) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, \n\tc) Part 6 of Schedule 1 to the Freedom of Information Act 2000, and \n\td) the table in Article 2 of the Administrative Justice and Tribunals Council (Listed Tribunals) Order 2007 (S.I. 2007/2951). \n2) In consequence of those repeals, omit paragraphs 4(b), 5(b) and 13(b) of Schedule 10 to the Health and Social Care Act 2008 and the preceding  “and” in each case. \n3) Omit paragraph 26(b) of Schedule 10 to the Health and Social Care Act 2008 (which inserts a reference to the OHPA in the National Assembly for Wales (Disqualification) Order 2006, which has itself been revoked). \n4) Omit paragraph 27 of that Schedule (which inserts a reference to the OHPA in the Pharmacists and Pharmacy Technicians Order 2007, which has itself been revoked). *Amendments to the Health Act 1999 (c. 8)*\n\n72) \n1) The Health Act 1999 is amended as follows. \n2) Omit section 60(1)(f) (power to modify constitution or functions of OHPA). \n3) In consequence of that repeal, omit paragraph 1(2) of Schedule 8 to the Health and Social Care Act 2008. \n4) In paragraph 8(2A) of Schedule 3 (provision under section 60 as to functions relating to unfitness to practise must provide for functions to be exercised by relevant regulatory body or OHPA), omit  “or the Office of the Health Professions Adjudicator”. \n5) In section 60A(2) (standard of proof in fitness to practise proceedings before OHPA or regulatory bodies), omit paragraph (a) and the  “or” following it. *Amendments to the National Health Service Reform and Health Care Professions Act 2002 (c. 17)*\n\n73) \n1) In section 29 of the National Health Service Reform and Health Care Professions Act 2002 (reference of disciplinary cases by the Council for Healthcare Regulatory Excellence to the court), in subsection (1)— \n\ta) in paragraph (c), omit  “otherwise than by reason of his physical or mental health”, and \n\tb) in paragraph (f), omit the words from  “, other than a direction” to the end. \n2) In consequence of those repeals, omit section 118(2)(b) and (d), (5) and (6) of the Health and Social Care Act 2008. *Amendments to the Health Act 2006 (c. 28)*\n\n74) \n1) Omit section 60(3)(b) of the Health Act 2006 (Appointments Commission to exercise functions of Privy Council relating to appointment of members of OHPA) and the  “or” immediately preceding it. \n2) Omit section 63(6A) and (6B) of that Act (Appointments Commission to assist OHPA with exercise of appointment functions). \n3) In consequence of those repeals, omit paragraph 22 of Schedule 10 to the Health and Social Care Act 2008. *Amendments to the Health and Social Care Act 2008 (c. 14)*\n\n75) \n1) The Health and Social Care Act 2008 is amended as follows. \n2) In section 128 (interpretation), omit the definition of  “the OHPA”. \n3) In section 162 (orders and regulations), omit subsections (1)(b) and (c) and (4). \n4) In Schedule 10 (amendments relating to Part 2 of that Act), omit paragraphs 7, 9, 14, 15 and 18. *Savings*\n\n76) \n1) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraphs 19 and 20 of Schedule 6 to the Health and Social Care Act 2008 (annual reports), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of those paragraphs. \n2) Despite section 231(2), paragraphs 19 and 20 of that Schedule are to continue to have effect for the purpose of imposing the duties under paragraphs 19(2), (3)(b) and (4) to (6) and 20(1), (2)(b) and (3) and for the purpose of conferring the power under paragraph 20(4); and for those purposes— \n\ta) the duties under paragraphs 19(2) and 20(1), in so far as they have not been discharged by the OHPA, must be discharged by the Secretary of State, \n\tb) the duties under paragraphs 19(3)(b) and (4) and 20(2)(b) must be discharged by the Secretary of State, and \n\tc) the power conferred by paragraph 20(4) may be exercised by giving directions of the description in question to the Secretary of State. \n3) Subject to that, anything which the OHPA is required to do under an enactment before abolition may, in so far as it has not been done by the OHPA, be done by the Secretary of State after abolition. \n77) A reference in any document to the OHPA is, so far as necessary or appropriate in consequence of section 231(1), to be read after abolition as a reference to the Secretary of State. \n78) In paragraphs 76 and 77— \n\t- “abolition” means the commencement of section 231(1);\n\t- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978);\n\t- “the OHPA” means the Office of the Health Professions Adjudicator.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/15",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/15",
    "legislation_id": "ukpga/2012/7",
    "title": "Part 7: consequential amendments and savings",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638397Z",
    "text": "Section 217) **Approval of courses for approved mental health professionals**\n\n1) Part 8 of the Mental Health Act 1983 (miscellaneous local authority functions etc.) is amended as follows. \n2) Before section 114A insert— \n\nSection 114ZA) **Approval of courses: England**\n\n1) The Health and Care Professions Council may approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England. \n2) The Council must publish a list of— \n\ta) the courses which are approved under this section, and \n\tb) the courses which have been, but are no longer, approved under this section and the periods for which they were so approved. \n3) The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000. \n4) Where the function under subsection (1) is, in accordance with the Health and Social Work Professions Order 2001, exercisable by a committee of the Council, the committee may arrange for another person to exercise the function on the Council's behalf. \n3) In section 114 (approval of mental health professionals by local social services authority), in subsection (6), after  “section” insert  “114ZA or”. \n4) Section 114A (approval of courses) is amended as follows. \n5) For subsection (1) substitute— \n1) The Care Council for Wales may, in accordance with rules made by it, approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in Wales. \n6) Omit subsection (3). \n7) In subsection (5), omit  “General Social Care Council and the”. \n8) For the title to that section substitute  “Approval of courses: Wales”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/217",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/217",
    "legislation_id": "ukpga/2012/7",
    "title": "Approval of courses for approved mental health professionals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 217,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638080Z",
    "text": "Section 165) **Private health care**\n\n1) In section 44 of the National Health Service Act 2006 (private health care), omit— \n\ta) subsection (1) (restriction on provision of private health services), \n\tb) subsection (2) (cap on private income), \n\tc) subsection (2A) (special provision for mental health foundation trusts), and \n\td) subsections (3) to (5) (interpretation etc.). \n2) For the title to that section substitute  “Power to charge for accommodation etc.”. \n3) In consequence of subsection (1)(b) and (c), omit section 33 of the Health Act 2009. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/165",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/165",
    "legislation_id": "ukpga/2012/7",
    "title": "Private health care",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 165,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638754Z",
    "text": "Section 294) **Failure to discharge functions**\n\n1) In section 82 of the Health and Social Care Act 2008 (failure by Commission to discharge functions), in subsection (1), at the end insert , and that the failure is significant. \n2) After subsection (2) of that section insert— \n2A) But the Secretary of State may not give a direction under subsection (1) in relation to the performance of functions in a particular case. \n3) After subsection (3) of that section insert— \n4) Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so. \n5) For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and  “the health service” has the same meaning as in the National Health Service Act 2006. \n4) In section 161 of that Act (orders, regulations and directions: general provisions), in subsection (3), before  “any power of the Secretary of State to give directions” insert  “(subject to section 82(2A))”. \n5) In section 165 of that Act (directions), at the beginning of subsection (2) insert  “Subject to subsection (3),”. \n6) After that subsection insert— \n3) A direction under section 82 must be given by regulations or by an instrument in writing. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/294",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/294",
    "legislation_id": "ukpga/2012/7",
    "title": "Failure to discharge functions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 294,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638452Z",
    "text": "Section 231) **Abolition of the Office of the Health Professions Adjudicator**\n\n1) The Office of the Health Professions Adjudicator (“the OHPA”) is abolished. \n2) In Part 2 of the Health and Social Care Act 2008 (regulation of health professions etc.), omit sections 98 to 110 and Schedules 6 and 7 (establishment etc. of the OHPA). \n3) All property, rights and liabilities to which the OHPA is entitled or subject immediately before the commencement of subsection (1) (including rights and liabilities relating to staff) are transferred to the Secretary of State. \n4) Part 4 of Schedule 15 (which contains consequential amendments and savings in relation to the OHPA) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/231",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/231",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of the Office of the Health Professions Adjudicator",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 231,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638559Z",
    "text": "Section 251B) **Duty to share information**\n\n1) This section applies in relation to information about an individual that is held by a relevant health or adult social care commissioner or provider (“the relevant person”). \n2) The relevant person must ensure that the information is disclosed to— \n\ta) persons working for the relevant person, and \n\tb) any other relevant health or adult social care commissioner or provider with whom the relevant person communicates about the individual, but this is subject to subsections (3) to (6). \n3) Subsection (2) applies only so far as the relevant person considers that the disclosure is— \n\ta) likely to facilitate the provision to the individual of health services or adult social care in England, and \n\tb) in the individual's best interests. \n4) The relevant person need not comply with subsection (2) if the relevant person reasonably considers that one or more of the following apply— \n\ta) the individual objects, or would be likely to object, to the disclosure of the information; \n\tb) the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider; \n\tc) for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (2). \n5) This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with— \n\ta) any provision of the data protection legislation , or \n\tb) a common law duty of care or confidence. \n6) This section does not require the relevant person to do anything which the relevant person is required to do under a common law duty of care (and, accordingly, any such requirement is to be treated as arising under that common law duty and not under this section). \n7) In this section,  “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/251B",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/251B",
    "legislation_id": "ukpga/2012/7",
    "title": "Duty to share information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638194Z",
    "text": "Section 194) **Establishment of Health and Wellbeing Boards**\n\n1) A local authority must establish a Health and Wellbeing Board for its area. \n2) The Health and Wellbeing Board is to consist of— \n\ta) subject to subsection (4), at least one councillor of the local authority, nominated in accordance with subsection (3), \n\tb) the director of adult social services for the local authority, \n\tc) the director of children's services for the local authority, \n\td) the director of public health for the local authority, \n\te) a representative of the Local Healthwatch organisation for the area of the local authority, \n\tf) a representative of each relevant integrated care board , and \n\tg) such other persons, or representatives of such other persons, as the local authority thinks appropriate. \n3) A nomination for the purposes of subsection (2)(a) must be made— \n\ta) in the case of a local authority operating executive arrangements, by the elected mayor or the executive leader of the local authority; \n\tb) in any other case, by the local authority. \n4) In the case of a local authority operating executive arrangements, the elected mayor or the executive leader of the local authority may, instead of or in addition to making a nomination under subsection (2)(a), be a member of the Board. \n5) The Local Healthwatch organisation for the area of the local authority must appoint one person to represent it on the Health and Wellbeing Board. \n6) A relevant integrated care board must appoint a person to represent it on the Health and Wellbeing Board. \n7) A person may, with the agreement of the Health and Wellbeing Board, represent more than one integrated care board on the Board. \n8) The Health and Wellbeing Board may appoint such additional persons to be members of the Board as it thinks appropriate. \n9) At any time after a Health and Wellbeing Board is established, a local authority must, before appointing another person to be a member of the Board under subsection (2)(g), consult the Health and Wellbeing Board. \n10) A relevant integrated care board must co-operate with the Health and Wellbeing Board in the exercise of the functions of the Board. \n11) A Health and Wellbeing Board is a committee of the local authority which established it and, for the purposes of any enactment, is to be treated as if it were a committee appointed by that authority under section 102 of the Local Government Act 1972. \n12) But regulations may provide that any enactment relating to a committee appointed under section 102 of that Act of 1972— \n\ta) does not apply in relation to a Health and Wellbeing Board, or \n\tb) applies in relation to it with such modifications as may be prescribed in the regulations. \n13) In this section— \n\ta) “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978); \n\tb) “elected mayor”,  “executive arrangements” and  “executive leader”, in relation to a local authority, have the same meaning as in Part 1A of the Local Government Act 2000; \n\tc) “relevant  integrated care board”, in relation to a local authority, means any integrated care board whose area coincides with or falls wholly or partly within the area of the local authority. \n14) In this section and in sections 195 to 199,  “local authority” means— \n\ta) a county council in England; \n\tb) a district council in England, other than a council for a district in a county for which there is a county council; \n\tc) a London borough council; \n\td) the Council of the Isles of Scilly; \n\te) the Common Council of the City of London in its capacity as a local authority. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/194",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/194",
    "legislation_id": "ukpga/2012/7",
    "title": "Establishment of Health and Wellbeing Boards",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 194,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638186Z",
    "text": "Section 192) **Joint strategic needs assessments**\n\n1) Section 116 of the Local Government and Public Involvement in Health Act 2007 (health and social care: joint strategic needs assessments) is amended as follows. \n2) In subsection (4), for paragraph (b) substitute— \n\tb) each of its partner clinical commissioning groups, . \n3) In subsection (6)— \n\ta) for  “for which a partner PCT acts” substitute  “of a partner clinical commissioning group”, \n\tb) for  “the partner PCT” substitute  “the partner clinical commissioning group”, and \n\tc) after  “a need” insert  “or to be likely to be a need”. \n4) In subsection (7)— \n\ta) in paragraph (a)(ii) for  “the partner PCT” substitute  “the partner clinical commissioning group or the National Health Service Commissioning Board”, and \n\tb) in paragraph (b)(i) for  “the partner PCT” substitute  “the partner clinical commissioning group or the National Health Service Commissioning Board”. \n5) In subsection (8)— \n\ta) for  “each partner PCT” substitute  “each of its partner clinical commissioning groups”, \n\tb) after paragraph (b) (but before the  “and” immediately following it) insert— \n\t\tba) involve the Local Healthwatch organisation for the area of the responsible local authority; \n\t\tbb) involve the people who live or work in that area; , and \n\tc) in paragraph (c) for  “consult” substitute  “involve”. \n6) After subsection (8) insert— \n8A) In preparing an assessment under this section, the responsible local authority or a partner clinical commissioning group may consult any person it thinks appropriate. \n7) In subsection (9)— \n\ta) for the definition of  “partner PCT” substitute— “partner clinical commissioning group”, in relation to a responsible local authority, means any clinical commissioning group whose area coincides with or falls wholly or partly within the area of the authority; , and \n\tb) in the definition of  “relevant district council”, in paragraph (b)— \n\t\ti) for  “a partner PCT” substitute  “a partner clinical commissioning group”, and \n\t\tii) for  “the area for which the partner PCT acts” substitute “the area of the clinical commissioning group. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/192",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/192",
    "legislation_id": "ukpga/2012/7",
    "title": "Joint strategic needs assessments",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 192,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638747Z",
    "text": "Section 292) **Requirement for Secretary of State to approve remuneration policy etc.**\nIn paragraph 5 of Schedule 1 to the Health and Social Care Act 2008 (employees of the Care Quality Commission), at the end insert— \n5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/292",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/292",
    "legislation_id": "ukpga/2012/7",
    "title": "Requirement for Secretary of State to approve remuneration policy etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 292,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638444Z",
    "text": "Section 229) **Accreditation of voluntary registers**\n\n1) After section 25F of the National Health Service Reform and Health Care Professions Act 2002 insert— \n\nSection 25G) **Power of the Authority to accredit voluntary registers**\n\n1) Where a regulatory body or other person maintains a voluntary register, the Authority may, on an application by the body or other person, take such steps as it considers appropriate for the purpose of establishing whether the register meets such criteria as the Authority may from time to time set (“accreditation criteria”). \n2) Accreditation criteria may, in particular, relate to— \n\ta) the provision to the Authority of information in connection with the establishment, operation or maintenance of register; \n\tb) publication of the names of persons included in the register or who have been removed from the register (whether voluntarily or otherwise); \n\tc) the establishment or operation of a procedure for appeals from decisions relating to inclusion in or removal from the register. \n3) If the Authority is satisfied that a voluntary register meets the accreditation criteria, it may accredit the register. \n4) The Authority may carry out periodic reviews of the operation of registers accredited under this section for the purpose of establishing whether they continue to meet the accreditation criteria. \n5) If, on a review under subsection (4), the Authority is satisfied that a voluntary register no longer meets the accreditation criteria, the Authority may remove or suspend, or impose conditions on, the accreditation of the register. \n6) The Authority may refuse to accredit a register, or to continue to accredit a register, unless the person who maintains the register pays a fee of such amount as the Authority may determine. \n7) The Authority must publish such accreditation criteria as it sets. \n8) The Authority may publish a list of registers accredited under this section. \n9) “Voluntary register” has the meaning given in section 25E. \n\nSection 25H) **Accreditation of voluntary register: impact assessment**\n\n1) Before accrediting a register under section 25G, the Authority— \n\ta) must make an assessment of the likely impact of doing so, and \n\tb) must consult such persons as it considers appropriate. \n2) For that purpose, the Authority must have regard to such guidance relating to the preparation of impact assessments as it considers appropriate. \n3) An assessment under this section must, in particular, include an assessment of the likely impact of accrediting the register on— \n\ta) persons who are, or are eligible to be, included in the register; \n\tb) persons who employ persons who are, or are eligible to be, included in the register; \n\tc) users of health care, users of social care in England and users of social work services in England. \n4) For the purposes of subsection (3), the Authority may request the person who maintains the register to provide it with such information as it specifies; and if the person refuses to comply with the request, the Authority may refuse to accredit the register. \n5) The Authority may publish any assessment it makes under this section. \n6) In deciding whether to accredit a register under section 25G, the Authority must have regard to its assessment under this section in relation to the register. \n\nSection 25I) **Functions of the Authority in relation to accredited voluntary registers**\n\n1) The Authority has the following functions— \n\ta) to promote the interests of users of health care, users of social care in England, users of social work services in England and other members of the public in relation to the performance of voluntary registration functions, \n\tb) to promote best practice in the performance of voluntary registration functions, and \n\tc) to formulate principles of good governance in the performance of voluntary registration functions and to encourage persons who maintain or operate accredited voluntary registers to conform to those principles. \n2) In this section— \n\ta) a reference to the performance of voluntary registration functions is a reference to the maintenance or operation of an accredited voluntary register, and \n\tb) “accredited voluntary register” means a register accredited under section 25G”. \n2) In section 26 of that Act (general powers and duties of the Authority), after subsection (2) insert— \n2A) A reference in subsection (2) to a regulatory body includes a reference to a person other than a regulatory body who has voluntary registration functions; and for that purpose, the only functions that person has are the person's voluntary registration functions. \n3) After subsection (3) of that section insert— \n3A) A reference in subsection (3) to a regulatory body includes a reference to a person other than a regulatory body in so far as that person has voluntary registration functions. \n4) After subsection (4) of that section insert— \n4A) For the purposes of paragraph (c) of subsection (4), the reference in that subsection to subsection (3) includes a reference to subsection (3) as construed in accordance with subsection (3A). \n5) After subsection (12) of that section insert— \n13) In this section,  “voluntary registration functions” is to be construed in accordance with section 25I. \n6) In section 26A of that Act (powers of Secretary of State and devolved authorities to request advice etc.), after subsection (1A) (inserted by section 223(3)), insert— \n1B) The Secretary of State may request the Authority for advice on any matter connected with accreditation of registers under section 25G; and the Authority must comply with such a request. \n1C) The Welsh Ministers, the Scottish Ministers or the relevant Northern Ireland department may request the Authority for advice on any matter connected with accreditation of registers under section 25G other than accreditation of registers referred to in subsection (1D); and the Authority must comply with such a request. \n1D) The registers are registers of persons who are or have been— \n\ta) unregulated social care workers in England, \n\tb) participating in studies for the purpose of becoming a member of the social work profession in England; \n\tc) participating in studies for the purpose of becoming an unregulated social care worker in England. \n1E) In subsection (1D),  “the social work profession in England” and  “unregulated social care worker in England” each have the meaning given in section 25E. \n7) In section 26B of that Act (duty of the Authority to inform and consult the public), after subsection (1) insert— \n1A) The references in subsection (1) to the Authority's functions do not include a reference to its accreditation functions. \n1B) For the purpose of ensuring that members of the public are informed about the exercise by the Authority of its accreditation functions, the Authority may publish or provide in such manner as it thinks fit information about the exercise of those functions. \n1C) For the purposes of this section, the Authority's accreditation functions are— \n\ta) its functions under sections 25G to 25I, \n\tb) its functions under section 26 that relate to the performance of voluntary registration functions (within the meaning given by section 25I), and \n\tc) its function under section 26A(1B). \n8) In subsection (2) of that section, after  “subsection (1)” insert  “or (1B)”. \n9) At the end of subsection (4) of that section insert  “(other than its accreditation functions)”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/229",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/229",
    "legislation_id": "ukpga/2012/7",
    "title": "Accreditation of voluntary registers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 229,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637938Z",
    "text": "Section 128) **Health special administration orders**\n\n1) In this Chapter  “health special administration order” means an order which— \n\ta) is made by the court in relation to a relevant provider, and \n\tb) directs that the affairs, business and property of the provider are to be managed by one or more persons appointed by the court. \n2) An application to the court for a health special administration order may be made only by NHS England . \n3) A person appointed as mentioned in subsection (1)(b) is referred to in this Chapter as a  “health special administrator”. \n4) A health special administrator of a company— \n\ta) is an officer of the court, and \n\tb) in exercising functions in relation to the company, is the company's agent. \n5) A person is not to be the health special administrator of a company unless the person is qualified to act as an insolvency practitioner in relation to the company. \n6) A health special administrator of a relevant provider must manage its affairs, business and property, and exercise the health special administrator's functions, so as to— \n\ta) achieve the objective set out in section 129 as quickly and as efficiently as is reasonably practicable, \n\tb) in seeking to achieve that objective, ensure that any regulated activity carried on in providing the services provided by the provider is carried on in accordance with any requirements or conditions imposed in respect of that activity by virtue of Chapter 2 of Part 1 of the Health and Social Care Act 2008, \n\tc) so far as is consistent with the objective set out in section 129, protect the interests of the creditors of the provider as a whole, and \n\td) so far as is consistent with that objective and subject to those interests, protect the interests of the members of the provider as a whole. \n7) In relation to a health special administration order applying to a non-GB company, references in this Chapter to the affairs, business and property of the company are references only to its affairs and business so far as carried on in Great Britain and to its property in Great Britain. \n8) In this section— \n\ta) a reference to a person qualified to act as an insolvency practitioner in relation to a company is to be construed in accordance with Part 13 of the Insolvency Act 1986 (insolvency practitioners and their qualifications); \n\tb) “regulated activity” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 8 of that Act). \n9) In this Chapter— \n\t- “business” and  “property” each have the same meaning as in the Insolvency Act 1986 (see section 436 of that Act);\n\t- “company” includes a company not registered under the Companies Act 2006;\n\t- “court”, in relation to a company, means the court— having jurisdiction to wind up the company, orthat would have such jurisdiction apart from section 221(2) or 441(2) of the Insolvency Act 1986 (exclusion of winding up jurisdiction in case of companies incorporated in, or having principal place of business in, Northern Ireland);\n\t- “member” is to be read in accordance with section 250 of the Insolvency Act 1986;\n\t- “non-GB company” means a company incorporated outside Great Britain;\n\t- “relevant provider” means a company which is providing services to which a condition included in the company's licence under section 97(1)(i), (j) or (k) applies;\n\t- “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/128",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/128",
    "legislation_id": "ukpga/2012/7",
    "title": "Health special administration orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 128,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638567Z",
    "text": "Section 252) **The Health and Social Care Information Centre**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/252",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/252",
    "legislation_id": "ukpga/2012/7",
    "title": "The Health and Social Care Information Centre",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 252,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637589Z",
    "text": "Section 43) **Independent mental health advocates**\n\n1) In section 130A of the Mental Health Act 1983 (independent mental health advocates: England), in subsection (1)— \n\ta) for  “The Secretary of State” substitute  “A local social services authority whose area is in England”, and \n\tb) at the end insert  “for whom the authority is responsible for the purposes of this section”. \n2) In subsection (4) of that section, for  “the Secretary of State” substitute  “a local social services authority”. \n3) In section 130C of that Act (provision supplementary to section 130A), after subsection (4) insert— \n4A) A local social services authority is responsible for a qualifying patient if— \n\ta) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area; \n\tb) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above; \n\tc) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area; \n\td) in the case of a qualifying patient falling within subsection (3)— \n\t\ti) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or \n\t\tii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section. \n4B) In subsection (4A)(d) above— \n\ta) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; \n\tb) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act; \n\tc) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act. \n4) In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions), in the entry for the Mental Health Act 1983, at the appropriate place insert— Section 130AMaking arrangements to enable independent mental health advocates to be available to help qualifying patients . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/43",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/43",
    "legislation_id": "ukpga/2012/7",
    "title": "Independent mental health advocates",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 43,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637596Z",
    "text": "Section 45) **Notification of hospitals having arrangements for special cases**\n\n1) In section 140 of the Mental Health Act 1983 (notification of hospitals having arrangements for special cases)— \n\ta) after  “the duty of” insert  “every clinical commissioning group and of”, \n\tb) omit  “every Primary Care Trust and of”, \n\tc) after  “the area of the” insert  “clinical commissioning group or”, \n\td) omit  “Primary Care Trust or” in the first place it appears, \n\te) after  “available to the” insert  “clinical commissioning group or”, and \n\tf) omit  “Primary Care Trust or” in the second place it appears. \n2) In consequence of the repeals made by this section, in the National Health Service Reform and Health Care Professions Act 2002, in Schedule 2, omit paragraph 48(a) and (c). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/45",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/45",
    "legislation_id": "ukpga/2012/7",
    "title": "Notification of hospitals having arrangements for special cases",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 45,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638524Z",
    "text": "Section 250) **Powers to publish information standards**\n\n1) The Secretary of State or NHS England may prepare and publish an information standard. \n2) For the purposes of this Part “an information standard” is a standard in relation to the processing of information and includes, among other things, a standard relating to information technology or IT services used, or intended to be used, in connection with the processing of information (see section 250A) . \n2A) An information standard must specify to whom it applies. \n2B) An information standard may apply to one or more persons falling within the following paragraphs— \n\ta) the Secretary of State; \n\tb) NHS England; \n\tc) a public body which exercises functions in connection with the provision in, or in relation to, England of health care or of adult social care  ...; \n\td) any person, other than a public body, who is required to be registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of Part 1 of that Act). \n\te) a relevant IT provider. \n3) The Secretary of State may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision in, or in relation to, England of health care or of adult social care  .... \n4) NHS England may exercise the power under subsection (1) only in relation to information concerning, or connected with, the provision of NHS services. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) The Secretary of State must— \n\ta) have regard to any information standard published by NHS England that applies to the Secretary of State, and \n\tb) comply with any information standard published by the Secretary of State that applies to the Secretary of State. \n6A) Any other person to whom an information standard published under this section applies must comply with the information standard, except in so far as the requirement to comply is waived (see subsection (6B)). \n6B) Regulations may confer on a person who publishes an information standard the power to waive a person’s requirement to comply with the information standard (in whole or in part and generally or for a specific period). \n6C) The regulations may include provision— \n\ta) limiting the circumstances in which waivers may be granted; \n\tb) setting out the procedure to be followed in connection with waivers; \n\tc) requiring an information standard to include specified information about waivers. \n6D) For enforcement of information standards against persons other than public bodies, see section 277E. \n\td) any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care. \n7) In this Chapter — \n\t- “adult social care”— includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance, butdoes not include anything provided by an establishment or agency for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of the Care Standards Act 2000;\n\t- “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition;\n\t- “information technology” includes— computers,other devices whose uses include the processing of information by electronic means (“IT devices”),parts, accessories and other equipment made or adapted for use in connection with computers or IT devices,software and code made or adapted for use in connection with computers or IT devices, andnetworks and other infrastructure (whether physical or virtual) used in connection with other information technology;\n\t- “IT service” means an information technology service, including any service (whether physical or virtual) which consists of, or is provided in connection with, the development, making available, operation or maintenance of information technology;\n\t- ...\n\t- “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);\n\t- “processing” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4)  ... of that Act);\n\t- “public body” means a body or other person whose functions— are of a public nature, orinclude functions of that nature, but in the latter case, the body or person is a public body to the extent only of those functions.\n\t- “relevant IT provider” means a person involved in marketing, supplying, providing or otherwise making available— information technology,an IT service, ora service which consists of processing information using information technology, whether for payment or free of charge, but only so far as the technology or service is used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/250",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/250",
    "legislation_id": "ukpga/2012/7",
    "title": "Powers to publish information standards",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 250,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637508Z",
    "text": "Section 23) **The NHS Commissioning Board: further provision**\n\n1) In Part 2 of the National Health Service Act 2006 (health service bodies), before Chapter 1 insert— CHAPTER A1The National Health Service Commissioning BoardSecretary of State's mandate to the BoardMandate to Board13A1Before the start of each financial year, the Secretary of State must publish and lay before Parliament a document to be known as  “the mandate”.2The Secretary of State must specify in the mandate—athe objectives that the Secretary of State considers the Board should seek to achieve in the exercise of its functions during that financial year and such subsequent financial years as the Secretary of State considers appropriate, andbany requirements that the Secretary of State considers it necessary to impose on the Board for the purpose of ensuring that it achieves those objectives.3The Secretary of State must also specify in the mandate the amounts that the Secretary of State has decided to specify in relation to the financial year for the purposes of section 223D(2) and (3)\n\t\t\t\t\t\t\t\t\t\t\t\t(limits on capital and revenue resource use).4The Secretary of State may specify in the mandate any proposals that the Secretary of State has as to the amounts that the Secretary of State will specify in relation to subsequent financial years for the purposes of section 223D(2) and (3).5The Secretary of State may also specify in the mandate the matters by reference to which the Secretary of State proposes to assess the Board's performance in relation to the first financial year to which the mandate relates.6The Secretary of State may not specify in the mandate an objective or requirement about the exercise of the Board's functions in relation to only one clinical commissioning group.7The Board must—aseek to achieve the objectives specified in the mandate, andbcomply with any requirements so specified.8Before specifying any objectives or requirements in the mandate, the Secretary of State must consult—athe Board,bthe Healthwatch England committee of the Care Quality Commission, andcsuch other persons as the Secretary of State considers appropriate.9Requirements included in the mandate have effect only if regulations so provide.The mandate: supplemental provision13B1The Secretary of State must keep the Board's performance in achieving any objectives or requirements specified in the mandate under review.2If the Secretary of State varies the amount specified for the purposes of section 223D(2) or (3), the Secretary of State must revise the mandate accordingly.3The Secretary of State may make any other revision to the mandate only if—athe Board agrees to the revision,ba parliamentary general election takes place, orcthe Secretary of State considers that there are exceptional circumstances that make the revision necessary.4Revisions to the mandate which consist of adding, omitting or modifying requirements have effect only if regulations so provide.5If the Secretary of State revises the mandate, the Secretary of State must—apublish the mandate (as so revised), andblay it before Parliament, together with an explanation of the reasons for making the revision.General duties of the BoardDuty to promote NHS Constitution13C1The Board must, in the exercise of its functions—aact with a view to securing that health services are provided in a way which promotes the NHS Constitution, andbpromote awareness of the NHS Constitution among patients, staff and members of the public.2In this section,  “patients” and  “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act).Duty as to effectiveness, efficiency etc.13DThe Board must exercise its functions effectively, efficiently and economically.Duty as to improvement in quality of services13E1The Board must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with—athe prevention, diagnosis or treatment of illness, orbthe protection or improvement of public health.2In discharging its duty under subsection (1), the Board must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services.3The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show—athe effectiveness of the services,bthe safety of the services, andcthe quality of the experience undergone by patients.4In discharging its duty under subsection (1), the Board must have regard to—aany document published by the Secretary of State for the purposes of this section, andbthe quality standards prepared by NICE under section 234 of the Health and Social Care Act 2012.Duty as to promoting autonomy13F1In exercising its functions, the Board must have regard to the desirability of securing, so far as consistent with the interests of the health service—athat any other person exercising functions in relation to the health service or providing services for its purposes is free to exercise those functions or provide those services in the manner it considers most appropriate, andbthat unnecessary burdens are not imposed on any such person.2If, in the case of any exercise of functions, the Board considers that there is a conflict between the matters mentioned in subsection (1) and the discharge by the Board of its duties under sections 1(1) and 1H(3)(b), the Board must give priority to those duties.Duty as to reducing inequalities13GThe Board must, in the exercise of its functions, have regard to the need to—areduce inequalities between patients with respect to their ability to access health services, andbreduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services.Duty to promote involvement of each patient13HThe Board must, in the exercise of its functions, promote the involvement of patients, and their carers and representatives (if any), in decisions which relate to—athe prevention or diagnosis of illness in the patients, orbtheir care or treatment.Duty as to patient choice13IThe Board must, in the exercise of its functions, act with a view to enabling patients to make choices with respect to aspects of health services provided to them.Duty to obtain appropriate advice13JThe Board must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in—athe prevention, diagnosis or treatment of illness, andbthe protection or improvement of public health.Duty to promote innovation13K1The Board must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision).2The Board may make payments as prizes to promote innovation in the provision of health services.3A prize may relate to—awork at any stage of innovation (including research);bwork done at any time (including work before the commencement of section 23 of the Health and Social Care Act 2012).Duty in respect of research13LThe Board must, in the exercise of its functions, promote—aresearch on matters relevant to the health service, andbthe use in the health service of evidence obtained from research.Duty as to promoting education and training13MThe Board must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section.Duty as to promoting integration13N1The Board must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would—aimprove the quality of those services (including the outcomes that are achieved from their provision),breduce inequalities between persons with respect to their ability to access those services, orcreduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.2The Board must exercise its functions with a view to securing that the provision of health services is integrated with the provision of health-related services or social care services where it considers that this would—aimprove the quality of the health services (including the outcomes that are achieved from the provision of those services),breduce inequalities between persons with respect to their ability to access those services, orcreduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services.3The Board must encourage clinical commissioning groups to enter into arrangements with local authorities in pursuance of regulations under section 75 where it considers that this would secure—athat health services are provided in an integrated way and that this would have any of the effects mentioned in subsection (1)(a) to (c), orbthat the provision of health services is integrated with the provision of health-related services or social care services and that this would have any of the effects mentioned in subsection (2)(a) to (c).4In this section—“health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;“social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).Duty to have regard to impact on services in certain areas13O1In making commissioning decisions, the Board must have regard to the likely impact of those decisions on the provision of health services to persons who reside in an area of Wales or Scotland that is close to the border with England.2In this section,  “commissioning decisions”, in relation to the Board, means decisions about the carrying out of its functions in arranging for the provision of health services.Duty as respects variation in provision of health services13PThe Board must not exercise its functions for the purpose of causing a variation in the proportion of services provided as part of the health service that is provided by persons of a particular description if that description is by reference to—awhether the persons in question are in the public or (as the case may be) private sector, orbsome other aspect of their status.Public involvementPublic involvement and consultation by the Board13Q1This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by the Board in the exercise of its functions (“commissioning arrangements”).2The Board must make arrangements to secure that individuals to whom the services are being or may be provided are involved (whether by being consulted or provided with information or in other ways)—ain the planning of the commissioning arrangements by the Board,bin the development and consideration of proposals by the Board for changes in the commissioning arrangements where the implementation of the proposals would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them, andcin decisions of the Board affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact.3The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at the point when they are received by users.Functions in relation to informationInformation on safety of services provided by the health service13R1The Board must establish and operate systems for collecting and analysing information relating to the safety of the services provided by the health service.2The Board must make information collected by virtue of subsection (1), and any other information obtained by analysing it, available to such persons as the Board considers appropriate.3The Board may impose charges, calculated on such basis as it considers appropriate, in respect of information made available by it under subsection (2).4The Board must give advice and guidance, to such persons as it considers appropriate, for the purpose of maintaining and improving the safety of the services provided by the health service.5The Board must monitor the effectiveness of the advice and guidance given by it under subsection (4).6A clinical commissioning group must have regard to any advice or guidance given to it under subsection (4).7The Board may arrange for any other person (including another NHS body) to exercise any of the Board's functions under this section.8Arrangements made under subsection (7) do not affect the liability of the Board for the exercise of any of its functions.Guidance in relation to processing of information13S1The Board must publish guidance for registered persons on the practice to be followed by them in relation to the processing of—apatient information, andbany other information obtained or generated in the course of the provision of the health service.2Registered persons who carry on an activity which involves, or is connected with, the provision of health care must have regard to any guidance published under this section.3In this section,  “patient information”,  “processing” and  “registered person” have the same meaning as in section 20A of the Health and Social Care Act 2008.Business plan and reportBusiness plan13T1Before the start of each financial year, the Board must publish a business plan setting out how it proposes to exercise its functions in that year and each of the next two financial years.2The business plan must, in particular, explain how the Board proposes to discharge its duties under—asections 13E, 13G and 13Q, andbsections 223C to 223E.3The business plan must, in particular, explain how the Board proposes to achieve the objectives, and comply with the requirements, specified in the mandate for the first financial year to which the plan relates.4The Board may revise the plan.5The Board must publish any revised plan.Annual report13U1As soon as practicable after the end of each financial year, the Board must publish an annual report on how it has exercised its functions during the year.2The annual report must, in particular, contain an assessment of—athe extent to which it met any objectives or requirements specified in the mandate for that year,bthe extent to which it gave effect to the proposals for that year in its business plan, andchow effectively it discharged its duties under sections 13E, 13G and 13Q.3The Board must—alay the annual report before Parliament, andbonce it has done so, send a copy of it to the Secretary of State.4The Secretary of State must, having considered the annual report, set out in a letter to the Board the Secretary of State's assessment of the Board's performance of its functions in the financial year in question.5The letter must, in particular, contain the Secretary of State's assessment of the matters mentioned in subsection (2)(a) to (c).6The Secretary of State must—apublish the letter to the Board, andblay it before Parliament.Additional powersEstablishment of pooled funds13V1The Board and one or more clinical commissioning groups may establish and maintain a pooled fund.2A pooled fund is a fund—awhich is made up of contributions by the bodies which established it, andbout of which payments may be made, with the agreement of those bodies, towards expenditure incurred in the discharge of any of their commissioning functions.3In this section,  “commissioning functions” means functions in arranging for the provision of services as part of the health service.Board's power to generate income, etc.13W1The Board has power to do anything specified in section 7(2) of the Health and Medicines Act 1988 (provision of goods, services, etc.) for the purpose of making additional income available for improving the health service.2The Board may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the performance by the Board of its functions.Power to make grants etc.13X1The Board may make payments by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which the Board has functions.2The payments may be made subject to such terms and conditions as the Board considers appropriate.Board's incidental powers: further provision13YThe power conferred on the Board by section 2 includes, in particular, power to—aenter into agreements,bacquire and dispose of property, andcaccept gifts (including property to be held on trust for the purposes of the Board).Exercise of functions of BoardExercise of functions13Z1This section applies to functions exercisable by the Board under or by virtue of this Act or any prescribed provision of any other Act.2The Board may arrange for any such function to be exercised by or jointly with—aa Special Health Authority,ba clinical commissioning group, orcsuch other body as may be prescribed.3Regulations may provide that the power in subsection (2) does not apply in relation to a function of a prescribed description.4Where any functions are (by virtue of subsection (2)) exercisable jointly by the Board and another body, they may be exercised by a joint committee of the Board and the other body.5Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be agreed between the Board and the other party to the arrangements.6Arrangements made under this section do not affect the liability of the Board for the exercise of any of its functions.Power to confer additional functionsPower to confer additional functions on the Board13Z11Regulations may provide that the Board is to have such additional functions in relation to the health service as may be specified in the regulations.2A function may be specified in regulations under subsection (1) only if the function is connected to another function of the Board.Intervention powersFailure by the Board to discharge any of its functions13Z21The Secretary of State may give a direction to the Board if the Secretary of State considers that—athe Board—iis failing or has failed to discharge any of its functions, oriiis failing or has failed properly to discharge any of its functions, andbthe failure is significant.2A direction under subsection (1) may direct the Board to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.3If the Board fails to comply with a direction under subsection (1), the Secretary of State may—adischarge the functions to which it relates, orbmake arrangements for any other person to discharge them on the Secretary of State's behalf.4Where the Secretary of State exercises a power under subsection (1) or (3), the Secretary of State must publish the reasons for doing so.5For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service.Disclosure of informationPermitted disclosures of information13Z31The Board may disclose information obtained by it in the exercise of its functions if—athe information has previously been lawfully disclosed to the public,bthe disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services),cthe disclosure is made in accordance with any enactment or court order,dthe disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,ethe disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment,fthe disclosure is made for the purpose of facilitating the exercise of any of the Board's functions,gthe disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), orhthe disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).2Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.InterpretationInterpretation13Z41In this Chapter—“the health service” means the health service in England;“health services” means services provided as part of the health service and, in sections 13O and 13Q, also includes services that are to be provided as part of the health service.2Any reference (however expressed) in the following provisions of this Act to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—section 6E(7) and (10)(b),section 13A(2),section 13C(1),section 13D,section 13E(1),section 13F,section 13G,section 13H,section 13I,section 13J,section 13K(1),section 13L,section 13M,section 13N(1) and (2),section 13O(2),section 13Q(1),section 13T(1),section 13U(1) and (4),section 13W(2),section 13X(1),section 13Z2(1),section 13Z3(1),section 72(1),section 75(1)(a) and (2),section 82,section 223C(2)(a),in Schedule A1, paragraph 13.3Any reference (however expressed) in the following provisions of other Acts to the functions of the Board includes a reference to the functions of the Secretary of State that are exercisable by the Board by virtue of arrangements under section 7A—sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),section 197(6) of the Health and Social Care Act 2012 (participation of the Board in work of Health and Wellbeing Boards),section 199(4) of that Act (supply of information to Health and Wellbeing Boards),section 290(1) and (2) of that Act (duties to co-operate),section 291(2)(d) of that Act (breaches of duties to co-operate).4The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3). \n2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (za) insert— \n\tzb) regulations under section 13Z1, . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/23",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/23",
    "legislation_id": "ukpga/2012/7",
    "title": "The NHS Commissioning Board: further provision",
    "extent": [
      "United Kingdom"
    ],
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    "provenance_source": null,
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    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638950Z",
    "text": "SCHEDULE 20 Part 10: consequential amendments and savings Sections 278, 279 and 280 ## PART 1\n## The Alcohol Education and Research Council\n\n*Consequential amendments*\n\n1) Omit the entry for the Alcohol Education and Research Council in each of the following— \n\ta) Schedule 2 to the Parliamentary Commissioner Act 1967, and \n\tb) Part 6 of Schedule 1 to the Freedom of Information Act 2000. \n2) Omit the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 for the liquidator appointed under section 2 of the Licensing (Alcohol Education and Research) Act 1981. \n3) In consequence of the repeal made by section 278(2)— \n\ta) in Schedule 2 to the Trustee Act 2000, omit paragraph 40 (and the preceding cross-heading), and \n\tb) in Schedule 3 to the Health Act 2009, omit paragraph 2 (and the preceding cross-heading). *Savings*\n\n4) \n1) Anything which is in the process of being done by the Alcohol Education and Research Council under an enactment immediately before abolition may be continued by the Secretary of State. \n2) Anything which the Council is required to do under an enactment before abolition may, in so far as it has not been done by the Council, be done by the Secretary of State after abolition. \n3) The Secretary of State must prepare a report on the activities of the Council during the period that begins with the 1 April before abolition and ends with abolition. \n4) In this paragraph— \n\t- “abolition” means the commencement of section 278(1);\n\t- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).## PART 2\n## The Appointments Commission\n\n*Consequential amendments*\n\n5) \n1) Omit the entry for the Appointments Commission in each of the following— \n\ta) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, \n\tb) Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975, and \n\tc) Part 6 of Schedule 1 to the Freedom of Information Act 2000. \n2) In consequence of those repeals, in Schedule 8 to the Health Act 2006, omit paragraphs 4, 5 and 45(3) (and the cross-heading preceding each of paragraphs 4 and 5). \n6) Omit paragraph 1A(4) of Schedule 1 (membership of governing Council) to each of the following— \n\ta) the Medical Act 1983, \n\tb) the Dentists Act 1984, \n\tc) the Opticians Act 1989, \n\td) the Osteopaths Act 1993, and \n\te) the Chiropractors Act 1994. \n7) In consequence of the repeal made by section 279(2)— \n\ta) in Schedule 1 to the National Health Service (Consequential Provisions) Act 2006, omit paragraphs 284 to 286, \n\tb) in Schedule 5 to the Health and Social Care Act 2008, omit paragraphs 79 and 80 (and the preceding cross-heading), \n\tc) in Schedule 10 to that Act, omit paragraphs 20 to 23 (and the preceding cross-heading), and \n\td) in Schedule 3 to the Health Act 2009, omit paragraph 8 (and the preceding cross-heading). *Savings*\n\n8) \n1) Anything which is in the process of being done by the Appointments Commission under an enactment immediately before abolition may be continued by the Secretary of State. \n2) If abolition is to occur at a time other than immediately after the end of a financial year within the meaning of paragraph 22 of Schedule 4 to the Health Act 2006 (accounts), the period that begins with the 1 April before abolition and ends with abolition is to be treated as a financial year for the purposes of that paragraph. \n3) Despite section 279(2), paragraph 22 of that Schedule is to continue to have effect for the purpose of imposing the duties under sub-paragraphs (2), (3)(b) and (4) of that paragraph; and for that purpose— \n\ta) the duty under sub-paragraph (2) of that paragraph, in so far as it has not been discharged by the Commission, must be discharged by the Secretary of State, and \n\tb) the duty under sub-paragraph (3)(b) of that paragraph must be discharged by the Secretary of State. \n4) Subject to that, anything which the Commission is required to do under an enactment before abolition may, in so far as it has not been done by the Commission, be done by the Secretary of State after abolition. \n5) In this paragraph— \n\t- “abolition” means the commencement of section 279(1);\n\t- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).## PART 3\n## The National Information Governance Board for Health and Social Care\n\n*Consequential amendments*\n\n9) \n1) Omit the entry for the National Information Governance Board for Health and Social Care in each of the following— \n\ta) Schedule 2 to the Parliamentary Commissioner Act 1967, \n\tb) Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975, and \n\tc) Part 6 of Schedule 1 to the Freedom of Information Act 2000. \n2) In consequence of those repeals, in Schedule 14 to the Health and Social Care Act 2008, omit paragraphs 2 to 4 (and the cross-heading preceding each of those paragraphs). \n10) \n1) In section 271 of the National Health Service Act 2006 (territorial limit of exercise of functions), in subsection (3), omit paragraph (fa). \n2) In consequence of that repeal, in Schedule 14 to the Health and Social Care Act 2008, omit paragraph 5 (and the preceding cross-heading). \n11) In consequence of the repeal made by section 280(2), omit sections 157(1) and 158 of the Health and Social Care Act 2008. *Savings*\n\n12) \n1) Anything which is in the process of being done by the National Information Governance Board for Health and Social Care under an enactment immediately before abolition may be continued by the Secretary of State. \n2) Despite section 280(2), section 250D of the National Health Service Act 2006 (annual report) is to continue to have effect for the purpose of imposing the duty under subsection (1)(a); and for that purpose— \n\ta) if abolition is to occur at a time other than immediately after the end of a reporting year within the meaning of that section, the period that begins with the 1 April before abolition and ends with abolition is to be treated as a reporting year for the purposes of that section, and \n\tb) the duty under subsection (1)(a) of that section must be discharged by the Secretary of State. \n3) Anything which the Board is required to do under an enactment before abolition may, in so far as it has not been done by the Board, be done by the Secretary of State after abolition. \n4) In this paragraph— \n\t- “abolition” means the commencement of section 280(1);\n\t- “enactment” includes an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/20",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/20",
    "legislation_id": "ukpga/2012/7",
    "title": "Part 10: consequential amendments and savings",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
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    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637554Z",
    "text": "Section 34) **Abolition of Primary Care Trusts**\n\n1) The Primary Care Trusts continued in existence or established under section 18 of the National Health Service Act 2006 are abolished. \n2) Chapter 2 of Part 2 of that Act (Primary Care Trusts) is repealed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/34",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/34",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of Primary Care Trusts",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 34,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638378Z",
    "text": "Section 212) **Abolition of the General Social Care Council**\n\n1) The General Social Care Council is abolished. \n2) In section 54 of the Care Standards Act 2000 (the Care Councils)— \n\ta) in subsection (1), omit paragraph (a) and the  “and” following it, \n\tb) in that subsection, for  “conferred on them” substitute  “conferred on it”, \n\tc) omit subsection (2), \n\td) in subsection (4), for  “Each Council” substitute  “The Welsh Council”, \n\te) in subsection (6), for  “a Council” substitute  “the Welsh Council”, and \n\tf) omit subsection (7). \n3) For the title to that section substitute  “The Care Council for Wales”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/212",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/212",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of the General Social Care Council",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 212,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638728Z",
    "text": "Section 287) **Provision of statistical information by Statistics Board**\n\n1) Section 42 of the Statistics and Registration Service Act 2007 (information relating to births and deaths etc) is amended as follows. \n2) For subsection (4) substitute— \n4) The Board may disclose to a person mentioned in subsection (4A) any information referred to in subsection (2)(a) to (c) which is received by the Board under this section, or any information which is produced by the Board by analysing any such information, if— \n\ta) the information consists of statistics and is disclosed for the purpose of assisting the person in the performance of functions exercisable by it in relation to the health service, or \n\tb) the information is disclosed for the purpose of assisting the person to produce or to analyse statistics for the purpose of assisting the person, or any other person mentioned in subsection (4A), in the performance of functions exercisable by it in relation to the health service. \n4A) Those persons are— \n\ta) the Secretary of State, \n\tb) the Welsh Ministers, \n\tc) the National Health Service Commissioning Board, \n\td) a clinical commissioning group, \n\te) a local authority, \n\tf) a Local Health Board, \n\tg) an NHS trust established under section 18 of the National Health Service (Wales) Act 2006, \n\th) the National Institute for Health and Care Excellence, \n\ti) the Health and Social Care Information Centre, \n\tj) a Special Health Authority, \n\tk) the Care Quality Commission, and \n\tl) such other persons as the appropriate authority may specify in a direction given for the purposes of this section. \n4B) For the purposes of subsection (4A)(l), the appropriate authority is— \n\ta) in relation to a direction to be given for purposes relating only to Wales, the Welsh Ministers, and \n\tb) in any other case, the Secretary of State. \n3) After subsection (5) insert— \n5A) A direction under subsection (4A)(l) must be given by an instrument in writing. \n5B) Sections 272(7) and 273(1) of the National Health Service Act 2006 apply in relation to the power of the Secretary of State to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act. \n5C) Sections 203(9) and 204(1) of the National Health Service (Wales) Act 2006 apply in relation to the power of the Welsh Ministers to give a direction under subsection (4A)(l) as they apply in relation to powers to give a direction under that Act. \n4) After subsection (6) insert— \n7) In subsection (4A)— \n\t- “clinical commissioning group” and  “Special Health Authority” have the same meaning as in the National Health Service Act 2006;\n\t- “local authority” has the same meaning as in section 2B of that Act of 2006.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/287",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/287",
    "legislation_id": "ukpga/2012/7",
    "title": "Provision of statistical information by Statistics Board",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 287,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637573Z",
    "text": "Section 39) **Discharge of patients**\n\n1) In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A). \n2) In section 24 of that Act (visiting and examination of patients), omit subsections (3) and (4). \n3) In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to hospital and guardianship orders)— \n\ta) in Part 1, in paragraph 1, omit  “24(3) and (4),”, and \n\tb) in Part 2, in paragraph 1, omit  “24(3) and (4),”. \n4) In consequence of the repeals made by this section— \n\ta) in the National Health Service and Community Care Act 1990, in Schedule 9— \n\t\ti) omit paragraph 24(3)(a) and the  “and” following it, and \n\t\tii) omit paragraph 24(4), \n\tb) in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3), \n\tc) in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3), \n\td) in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a) and 54, \n\te) in the Domestic Violence, Crime and Victims Act 2004— \n\t\ti) omit sections 37A(5), 38A(3), 43A(5) and 44A(3), \n\t\tii) in section 37A(7)(a), omit  “, (5)”, and \n\t\tiii) in section 43A(7), omit  “, (5)”, and \n\tf) in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/39",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/39",
    "legislation_id": "ukpga/2012/7",
    "title": "Discharge of patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
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    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 39,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637737Z",
    "text": "Section 82) **Deemed breach of requirement to be licensed**\n\n1) This section applies where a licence holder— \n\ta) in providing a health care service for the purposes of the NHS, carries on a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008), but \n\tb) is not registered under Chapter 2 of Part 1 of that Act in respect of the carrying on of that activity. \n2) The licence holder is to be regarded as providing the service in breach of the requirement under section 81 to hold a licence. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/82",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/82",
    "legislation_id": "ukpga/2012/7",
    "title": "Deemed breach of requirement to be licensed",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 82,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638158Z",
    "text": "Section 185) **Independent advocacy services**\n\n1) After section 223 of the Local Government and Public Involvement in Health Act 2007 insert— \n\nSection 223A) **Independent advocacy services**\n\n1) Each local authority must make such arrangements as it considers appropriate for the provision of independent advocacy services in relation to its area. \n2) In this section,  “independent advocacy services” means services providing assistance (by way of representation or otherwise) to persons making or intending to make— \n\ta) a complaint under a procedure operated by a health service body or independent provider; \n\tb) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003; \n\tc) a complaint to the Health Service Commissioner for England; \n\td) a complaint to the Public Services Ombudsman for Wales which relates to a Welsh health body; \n\te) a complaint under section 73C(1) of the National Health Service Act 2006; \n\tf) a complaint to a Local Commissioner under Part 3 of the Local Government Act 1974 about a matter which could be the subject of a complaint under section 73C(1) of the National Health Service Act 2006; or \n\tg) a complaint of such description as the Secretary of State may by regulations prescribe which relates to the provision of services as part of the health service and— \n\t\ti) is made under a procedure of a description prescribed in the regulations, or \n\t\tii) gives rise, or may give rise, to proceedings of a description prescribed in the regulations. \n3) Each local authority may make such other arrangements as it considers appropriate for the provision of services in relation to its area providing assistance to individuals in connection with complaints relating to the provision of services as part of the health service. \n4) Arrangements under this section may not provide for a person to make arrangements for the provision of services by a Local Healthwatch organisation. \n5) In making arrangements under this section, a local authority must have regard to the principle that the provision of services under the arrangements or arrangements made in pursuance of the arrangements should, so far as practicable, be independent of any person who is— \n\ta) the subject of a relevant complaint; or \n\tb) involved in investigating or adjudicating on such a complaint. \n6) A local authority may make payments to— \n\ta) a person providing services under arrangements under this section; \n\tb) a person arranging for the provision of services in pursuance of arrangements under this section; \n\tc) a person providing services under arrangements made in pursuance of arrangements under this section. \n7) The Secretary of State may by regulations make provision requiring a person providing services under arrangements under this section or arrangements made in pursuance of the arrangements to have cover against the risk of a claim in negligence arising out of the provision of the services. \n8) The Secretary of State may give directions to a local authority about the exercise of its functions under this section. \n9) A direction under subsection (8) may be varied or revoked. \n10) In this section— \n\t- “the health service” has the same meaning as in the National Health Service Act 2006;\n\t- “health service body” means— in relation to England, a body which, under section 2(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;in relation to Wales, a Welsh health service body (within the meaning of the Public Services Ombudsman (Wales) Act 2005);\n\t- “independent provider” means— in relation to England, a person who, under section 2B(1) of the Health Service Commissioners Act 1993, is subject to investigation by the Health Service Commissioner for England;in relation to Wales, a person who is an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005);\n\t- “Welsh health body” means— a Local Health Board,an NHS trust managing a hospital or other establishment or facility in Wales,a Special Health Authority not discharging functions only or mainly in England,an independent provider in Wales (within the meaning of the Public Services Ombudsman (Wales) Act 2005),a family health service provider in Wales (within the meaning of that Act), ora person with functions conferred under section 113(2) of the Health and Social Care (Community Health and Standards) Act 2003.\n2) Omit section 248 of the National Health Service Act 2006 (arrangements by the Secretary of State for the provision of independent advocacy arrangements). \n3) In section 134 of the Mental Health Act 1983 (correspondence of patients), in subsection (3A)(b)(ii), for  “section 248 of the National Health Service Act 2006” substitute  “section 223A of the Local Government and Public Involvement in Health Act 2007”. \n4) In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (10)(e), for  “section 248 of the National Health Service Act 2006 (c. 41)” substitute  “section 223A of the Local Government and Public Involvement in Health Act 2007”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/185",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/185",
    "legislation_id": "ukpga/2012/7",
    "title": "Independent advocacy services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 185,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638660Z",
    "text": "Section 275) **Interpretation of this Chapter**\nIn this Chapter— \n\t- “adult social care” has the meaning given by section 253(3);\n\t- ...\n\t- “devolved authority” means— the Scottish Ministers;the Welsh Ministers; anda Northern Ireland Minister;\n\t- “health care” has the meaning given by section 255(10);\n\t- “health or social care body” has the meaning given by section 259(11);\n\t- “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);\n\t- “health services” has the meaning given by section 253(3);\n\t- “mandatory request” has the meaning given by section 255(4);\n\t- “Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland Department;\n\t- “public body” means a body or other person whose functions— are of a public nature, orinclude functions of that nature, but in the latter case, the body or person is a public body to the extent only of those functions;\n\t- “relevant data functions” has the meaning given by section 253(3);\n\t- “relevant person” has the meaning given by section 260(7).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/275",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/275",
    "legislation_id": "ukpga/2012/7",
    "title": "Interpretation of this Chapter",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 275,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638429Z",
    "text": "Section 225) **Power to advise regulatory bodies, investigate complaints, etc.**\n\n1) After section 25A of the National Health Service Reform and Health Care Professions Act 2002 insert— \n\nSection 25B) **Power of the Authority to advise regulatory bodies etc.**\n\n1) The Authority may, for the purpose of assisting the Authority in its performance of its functions under this group of sections, provide advice or provide auditing services to— \n\ta) a regulatory body; \n\tb) a body which has functions (whether or not relating to health or social care) corresponding to those of a regulatory body. \n2) A body to which the Authority provides advice or auditing services under this section must pay such fee as the Authority may determine. \n3) In this section,  “this group of sections” has the meaning given by section 25(5) but does not include section 26A. \n2) In section 28(1) of that Act (power to make regulations about investigation by the Authority of complaints about regulatory bodies), for  “The Secretary of State” substitute  “The Privy Council”. \n3) In section 38(2) of that Act (regulations and orders), omit  “regulations under section 28 or”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/225",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/225",
    "legislation_id": "ukpga/2012/7",
    "title": "Power to advise regulatory bodies, investigate complaints, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 225,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638512Z",
    "text": "Section 247) **Interpretation of this Part**\nIn this Part— \n\t- ...\n\t- “health care” has the meaning given by section 240(4);\n\t- “the health service” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act);\n\t- “health services” has the meaning given by section 233(3);\n\t- “NHS services” has the meaning given by section 234(11);\n\t- “public health services” has the meaning given by section 234(11);\n\t- “quality standard” has the meaning given by section 234(2);\n\t- “social care” has the meaning given by section 233(3).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/247",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/247",
    "legislation_id": "ukpga/2012/7",
    "title": "Interpretation of this Part",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 247,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638954Z",
    "text": "SCHEDULE 21 Amendments relating to relationships between the health services Section 297 *National Health Service (Scotland) Act 1978 (c. 29)*\n\n1) The National Health Service (Scotland) Act 1978 is amended as follows. \n2) \n1) Section 17A (NHS contracts) is amended as follows. \n2) In subsection (1), in paragraph (b) for  “(q)” substitute  “(s)”. \n3) In subsection (2)— \n\ta) after paragraph (c) insert — \n\t\tca) the Scottish Ministers; , \n\tb) for paragraph (f) substitute— \n\t\tf) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006; , \n\tc) for paragraph (ff) substitute— \n\t\tfa) Special Health Authorities established under section 28 of the National Health Service Act 2006; \n\t\tfb) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006; , \n\td) omit paragraph (h), \n\te) before paragraph (k) insert— \n\t\tja) the National Health Service Commissioning Board; \n\t\tjb) clinical commissioning groups established under section 14D of the National Health Service Act 2006; , \n\tf) in paragraph (k), for  “section 5 of the National Health Service and Community Care Act 1990” substitute  “section 18 of the National Health Service (Wales) Act 2006”, \n\tg) omit paragraph (ka), \n\th) after paragraph (m) insert— \n\t\tma) the Welsh Ministers; , \n\ti) after paragraph (p) omit the  “and,”, \n\tj) after paragraph (q) insert— \n\t\tr) the National Institute for Health and Care Excellence; and \n\t\ts) the Health and Social Care Information Centre, . \n4) After subsection (10) insert— \n11) Subsection (12) applies where a person mentioned in subsection (2)(fa), (ja), (jb), (m), (r) or (s) is a party or prospective party to an arrangement or proposed arrangement which— \n\ta) falls within subsection (1); and \n\tb) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006. \n12) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Scottish Ministers and the Secretary of State acting jointly. \n13) Subsection (14) applies where a person mentioned in subsection (2)(f), (fb), (k) or (ma) is a party or prospective party to an arrangement or proposed arrangement which— \n\ta) falls within subsection (1); and \n\tb) also falls within the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006. \n14) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement with the substitution for references to the Secretary of State— \n\ta) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the Scotland Act 1998, of references to the Secretary of State and the Welsh Ministers acting jointly; and \n\tb) for all other purposes, of references to the Scottish Ministers and Welsh Ministers acting jointly. \n15) Subsection (16) applies (and subsections (12) and (14) do not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which— \n\ta) falls within subsection (1); and \n\tb) also falls within the definition of NHS contract in section 9 of the National Health Service Act 2006 and the definition of NHS contract in section 7 of the National Health Service (Wales) Act 2006. \n16) Subsections (4) to (9) shall apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State— \n\ta) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; \n\tb) where the Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly; and \n\tc) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers. \n17) In subsections (15) and (16),  “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of— \n\ta) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or \n\tb) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together. \n3) \n1) Section 17C (personal medical or dental services) is amended as follows. \n2) In subsection (5)— \n\ta) in paragraph (a), for the words from  “the Board by” to the end substitute  “the Board by a Local Health Board”, and \n\tb) in paragraph (b), for the words from  “exercisable by” to  “the Authority” substitute  “exercisable by a Local Health Board in relation to an agreement made under section 50 of the National Health Service (Wales) Act 2006 to be exercisable on behalf of the Local Health Board”. \n3) In subsection (6), for the first definition substitute— “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006; . \n4) In consequence of the amendments made by sub-paragraphs (2) and (3), omit paragraph 12 of Schedule 3 to the National Health Service Reform and Health Care Professions Act 2002, and the cross-heading which precedes it. \n4) In section 17D (persons with whom agreements under section 17C may be made), in subsection (2), in paragraph (b) of the definition of  “NHS employee”— \n\ta) in sub-paragraph (ii) omit  “a Primary Care Trust or”, \n\tb) in sub-paragraph (iii)— \n\t\ti) after  “NHS trust” insert  “within the meaning of the National Health Service Act (Wales) 2006”, and \n\tc) omit the words from  “and in this paragraph” to the end. *National Health Service Act 2006 (c. 41)*\n\n5) The National Health Service Act 2006 is amended as follows. \n6) In section 9 (NHS contracts), in subsection (4)— \n\ta) after paragraph (f) insert— \n\t\tfa) a Special Health Board constituted under that section, , and \n\tb) after paragraph (n) insert— \n\t\tna) the Scottish Ministers, \n\t\tnb) Healthcare Improvement Scotland, . \n7) After section 10 (provision about NHS contracts entered into by a body in Northern Ireland) insert— \n\nSection 10A) **Provision for bodies in Scotland**\n\n1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 9(4) is, a party or prospective party to an arrangement or proposed arrangement which— \n\ta) falls within the definition of NHS contract in section 9(1), and \n\tb) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978. \n2) Subsections (5) to (13) of section 9 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State of references to the Secretary of State and the Scottish Ministers acting jointly. \n3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health authority is a party or prospective party to an arrangement or proposed arrangement which— \n\ta) falls within the definition of NHS contract in section 9(1), and \n\tb) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 7(1) of the National Health Service (Wales) Act 2006. \n4) Subsections (5) to (13) of section 9 apply in relation to that arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Secretary of State— \n\ta) where the cross-border Special Health Authority is exercising functions in relation to England only, of references to the Secretary of State and the Scottish Ministers acting jointly; and \n\tb) where the Authority is exercising functions in relation to England and Wales, of references to the Secretary of State and the Welsh Ministers acting concurrently with each other and jointly with the Scottish Ministers. \n5) In subsections (3) and (4),  “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of— \n\ta) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or \n\tb) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together. \n8) \n1) In section 66 (intervention orders), for subsection (1) substitute— \n1) This section applies to— \n\ta) NHS trusts, and \n\tb) Special Health Authorities. \n2) Until the commencement of section 33 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities. \n3) Until the commencement of section 34 of this Act, subsection (1) of section 66 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts. \n9) \n1) Section 67 (effect of intervention orders) is amended as follows. \n2) In subsection (1)— \n\ta) in paragraph (a) omit  “or Local Health Board, or a member of the board of directors of an NHS trust”, and \n\tb) in paragraph (b)— \n\t\ti) omit  “or Local Health Board,” and \n\t\tii) in that paragraph omit  “, or an executive director of an NHS trust”. \n3) In subsection (7)(a) omit  “(or in the case of an NHS trust to the membership of its board of directors)”. \n10) \n1) In section 68 (default powers), for subsection (1) substitute— \n1) This section applies to— \n\ta) NHS trusts established under section 25, and \n\tb) Special Health Authorities. \n2) Until the commencement of section 33 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Strategic Health Authorities. \n3) Until the commencement of section 34 of this Act, subsection (1) of section 68 of the National Health Service Act 2006 has effect as if it included a reference to Primary Care Trusts. \n11) In section 78 (directed partnership arrangements), in subsection (3)— \n\ta) in paragraph (c) after  “NHS trusts” insert  “established under section 25”, and \n\tb) omit paragraph (d). *National Health Service (Wales) Act 2006 (c. 42)*\n\n12) The National Health Service (Wales) Act 2006 is amended as follows. \n13) In section 7 (NHS contracts), in subsection (4)— \n\ta) omit paragraph (a), \n\tb) omit paragraph (b), \n\tc) before paragraph (c) insert— \n\t\tba) the National Health Service Commissioning Board, \n\t\tbb) a clinical commissioning group, , \n\td) after paragraph (f) insert— \n\t\tfa) a Special Health Board constituted under that section, , \n\te) omit paragraph (j), and \n\tf) after paragraph (n) insert— \n\t\tna) the Scottish Ministers, \n\t\tnb) Healthcare Improvement Scotland, . \n14) After section 8 insert— \n\nSection 8A) **Provision for bodies in Scotland**\n\n1) Subsection (2) applies where the Scottish Ministers are, or a body mentioned in paragraph (f), (fa), (h), (l) or (nb) of section 7(4) is, a party or prospective party to an arrangement or proposed arrangement which— \n\ta) falls within the definition of NHS contract in section 7(1), and \n\tb) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978. \n2) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement with the substitution for references to the Welsh Ministers— \n\ta) in so far as the arrangement or proposed arrangement relates to reserved matters within the meaning of the Scotland Act 1998, of references to the Welsh Ministers and the Secretary of State acting jointly, and \n\tb) for all other purposes, of references to the Welsh Ministers and the Scottish Ministers acting jointly. \n3) Subsection (4) applies (and subsection (2) does not apply) where a cross-border Special Health Authority is a party or prospective party to an arrangement or proposed arrangement which— \n\ta) falls within the definition of NHS contract in section 7(1), and \n\tb) also falls within the definition of NHS contract in section 17A of the National Health Service (Scotland) Act 1978 and the definition of NHS contract in section 9(1) of the National Health Service Act 2006. \n4) Subsections (5) to (13) of section 7 apply in relation to the arrangement or proposed arrangement (except in so far as it relates to reserved matters within the meaning of the Scotland Act 1998) with the substitution for references to the Welsh Ministers— \n\ta) where the cross-border Special Health Authority is exercising functions in relation to Wales only, of references to the Welsh Ministers and the Scottish Ministers acting jointly, and \n\tb) where the Authority is exercising functions in relation to England and Wales, of references to the Welsh Ministers and the Secretary of State acting concurrently with each other and jointly with the Scottish Ministers. \n5) In subsections (3) and (4),  “cross-border Special Health Authority” means a Special Health Authority which is established under the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 by virtue of— \n\ta) paragraph 1(2) of Schedule 2 to the National Health Service (Consequential Provisions) Act 2006, or \n\tb) the power under section 28 of the National Health Service Act 2006 and the power under section 22 of the National Health Service (Wales) Act 2006 being exercised together. \n15) In section 10 (Welsh Ministers' arrangements with other bodies), in subsection (4) omit paragraph (b). \n16) In section 13 (exercise of Local Health Board functions), in subsection (3)— \n\ta) omit paragraph (a), and \n\tb) before paragraph (b) insert— \n\t\taa) the National Health Service Commissioning Board, \n\t\tab) clinical commissioning groups, . \n17) In section 17 (plans for improving health etc), in subsection (6)— \n\ta) in paragraph (g)— \n\t\ti) after  “between” insert  “the National Health Service Commissioning Board, clinical commissioning groups,”, \n\t\tii) omit  “Strategic Health Authorities,”, \n\t\tiii) omit  “Primary Care Trusts,”, and \n\t\tiv) for  “section 24 of the National Health Service Act 2006 (c. 41)” substitute  “the preparation of joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”, and \n\tb) in paragraph (h)— \n\t\ti) after  “provision by” insert  “the National Health Service Commissioning Board, clinical commissioning groups,”, \n\t\tii) omit  “Strategic Health Authorities,”, \n\t\tiii) omit  “Primary Care Trusts”, and \n\t\tiv) for  “section 24 of the National Health Service Act 2006 (c. 41)” substitute  “joint health and wellbeing strategies under section 116A of the Local Government and Public Involvement in Health Act 2007”. \n18) In section 22 (special health authorities), omit subsection (6). \n19) In section 26 (intervention orders), in subsection (1) after  “other than” insert  “the National Health Service Commissioning Board, clinical commissioning groups and”. \n20) In section 27 (effect of intervention orders), in subsection (1)— \n\ta) omit  “Strategic Health Authority,” in each place it occurs, and \n\tb) omit  “Primary Care Trust,” in each place it occurs. \n21) In section 28 (default powers), in subsection (1) after  “other than” insert  “the National Health Service Commissioning Board, clinical commissioning groups and”. \n22) In section 34 (power of local authorities to make payments), in subsection (1)— \n\ta) after  “payments to” insert  “the National Health Service Commissioning Board, a clinical commissioning group”, \n\tb) omit  “a Strategic Health Authority,”, and \n\tc) omit  “a Primary Care Trust”. \n23) In section 36 (directed partnership arrangements), in subsection (3)— \n\ta) omit paragraph (a), and \n\tb) omit paragraph (b). \n24) \n1) Section 38 (supply of goods and services by the Welsh Ministers) is amended as follows. \n2) In subsection (3)— \n\ta) in paragraph (a) omit  “or by a Primary Care Trust”, and \n\tb) in paragraph (b) omit  “, a Primary Care Trust”. \n3) In subsection (6) omit  “, a Primary Care Trust” in each place it occurs. \n4) In subsection (7), in paragraph (d) omit  “, Primary Care Trusts”. \n25) In section 39 (conditions of supply under section 38), in subsection (3), omit  “Primary Care Trusts,”. \n26) In section 41 (duty to provide primary medical services), omit subsection (4). \n27) \n1) Section 51 (persons with whom agreements for provision of primary medical services may be made) is amended as follows. \n2) In subsection (1)(g), omit  “Primary Care Trust or”. \n3) In subsection (3), in paragraph (b) of the definition of  “NHS employee”, omit  “Primary Care Trust or”. \n28) In section 56 (primary dental services), omit subsection (4). \n29) \n1) Section 65 (persons with whom agreements for provision of primary dental services may be made) is amended as follows. \n2) In subsection (1)(g), omit  “Primary Care Trust or”. \n3) In subsection (3), in paragraph (b) of the definition of  “NHS employee”, omit  “Primary Care Trust or”. \n30) In section 106 (provision about regulations under section 105), in subsection (2)— \n\ta) omit paragraph (e), and \n\tb) after paragraph (e) insert— \n\t\tf) a list corresponding to a list mentioned in any of paragraphs (a) to (d) prepared by the National Health Service Commissioning Board under or by virtue of the National Health Service Act 2006, \n31) \n1) Section 115 (national disqualification) is amended as follows. \n2) In subsection (1)— \n\ta) omit paragraph (e), \n\tb) after that paragraph insert— \n\t\tf) the lists corresponding to the lists mentioned in paragraphs (a) to (d) prepared by the National Health Service Commissioning Board under or by virtue of the National Health Service Act 2006, \n\tc) after  “such lists prepared by each Local Health Board” insert  “and the National Health Service Commissioning Board”, and \n\td) omit  “and each Primary Care Trust”. \n3) In subsection (6)— \n\ta) in paragraph (a)— \n\t\ti) omit  “or Primary Care Trust”, and \n\t\tii) before  “may include” insert  “or the National Health Service Commissioning Board”, and \n\tb) in paragraph (b)— \n\t\ti) omit  “and each Primary Care Trust”, and \n\t\tii) after  “included” insert  “, and the National Health Service Commissioning Board,”. \n32) In section 131 (payment of travelling expenses), in paragraph (c) omit  “, and, in such cases as may be prescribed, to a Primary Care Trust,”. \n33) In section 144 (persons and bodies about which provision is made), in subsection (2) for  “section 22(6)” substitute  “section 206(1)”. \n34) In section 161 (transfers of trust property), in subsection (2)(c)— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) omit  “a Primary Care Trust,” \n35) \n1) Section 162 (transfer of functions and property to or from special trustees) is amended as follows. \n2) In subsection (1)— \n\ta) after the first  “by” insert  “the National Health Service Commissioning Board, a clinical commissioning group,”, and \n\tb) omit  “a Primary Care Trust,”. \n3) In subsection (3)(a)— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) omit  “a Primary Care Trust,”. \n36) In section 181 (payment for medical examination before application for admission to hospital under the Mental Health Act), in subsection (2)(b)— \n\ta) omit  “a Primary Care Trust,”, and \n\tb) before  “NHS trust” insert  “an”. \n37) In section 197 (university clinical teaching and research), in subsection (2)(a)— \n\ta) after  “exercisable by” insert  “the National Health Service Commissioning Board,”, \n\tb) after  “a” insert  “clinical commissioning group,”, \n\tc) omit  “a Strategic Health Authority,”, and \n\td) omit  “Primary Care Trust,”. \n38) \n1) In section 206 (interpretation), in subsection (1)— \n\ta) before the definition of  “dental practitioner” insert— “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, , \n\tb) after the definition of  “modifications” insert— “NHS body” means— \n\t\ta) a Special Health Authority, \n\t\tb) an NHS trust, \n\t\tc) an NHS foundation trust, \n\t\td) a Local Health Board, \n\t\te) the National Health Service Commissioning Board, and \n\t\tf) a clinical commissioning group. \n\tc) omit the definition of  “Primary Care Trust”, and \n\td) omit the definition of  “Strategic Health Authority”. \n2) Until the commencement of section 34 of this Act, the definition of  “NHS body” in section 206(1) of the National Health Service (Wales) Act 2006 has effect as if it included a reference to a Primary Care Trust. \n39) In Schedule 2 (Local Health Boards), in paragraph 9— \n\ta) omit  “Strategic Health Authorities and”, \n\tb) omit  “under paragraph 7(8) of Schedule 2 to the National Health Service Act 2006 (c. 41) and”, and \n\tc) for  “that Act” substitute  “the National Health Service Act 2006”. \n40) \n1) Schedule 3 (NHS trusts) is amended as follows. \n2) In paragraph 5(1)(f) omit  “Primary Care Trust,”. \n3) In paragraph 6— \n\ta) omit  “Strategic Health Authority,” in each place it occurs, and \n\tb) omit  “, Primary Care Trust” in each place it occurs. \n4) In paragraph 7, in sub-paragraph (3) omit  “Strategic Health Authority”. \n5) In paragraph 8 omit  “, Primary Care Trust” in each place it occurs. \n6) In paragraph 9— \n\ta) in sub-paragraph (1)— \n\t\ti) omit  “a Strategic Health Authority,”, and \n\t\tii) omit  “a Primary Care Trust,”, \n\tb) in sub-paragraph (3)— \n\t\ti) omit  “Strategic Health Authority,”, and \n\t\tii) omit  “Primary Care Trust,”, \n\tc) in sub-paragraph (6)— \n\t\ti) omit  “a Strategic Health Authority,”, and \n\t\tii) omit  “a Primary Care Trust,”, and \n\td) in sub-paragraph (7)— \n\t\ti) omit  “Strategic Health Authority,” in each place it occurs, \n\t\tii) omit  “or belong to a Primary Care Trust”, and \n\t\tiii) omit  “Primary Care Trust,”. \n7) In paragraph 18— \n\ta) omit  “Strategic Health Authority,”, and \n\tb) omit  “Primary Care Trust,”. \n8) In paragraph 30— \n\ta) omit  “Strategic Health Authority,”, and \n\tb) omit  “Primary Care Trust,”. \n41) \n1) Schedule 5 (Special Health Authorities) is amended as follows. \n2) In paragraph 3— \n\ta) in sub-paragraph (8)— \n\t\ti) omit  “or to a Strategic Health Authority”, and \n\t\tii) omit  “, a Strategic Health Authority”, and \n\tb) in sub-paragraph (12)— \n\t\ti) in paragraph (a) omit  “or of a Strategic Health Authority”, and \n\t\tii) in paragraph (b) omit  “or by a Strategic Health Authority”. \n3) In paragraph 13, for  “a Strategic Health Authority” substitute  “the National Health Service Commissioning Board”. \n42) \n1) Schedule 10 (further provision about Community Health Councils) is amended as follows. \n2) In paragraph 2— \n\ta) omit  “, Strategic Health Authorities” in each place it occurs, and \n\tb) omit  “, Primary Care Trusts” in each place it occurs. \n3) In paragraph 3— \n\ta) omit paragraph (b), and \n\tb) omit paragraph (c). *Health and Personal Social Services (Northern Ireland) Order 1991 (No. 194 (N.I. 1))*\n\n43) \n1) Article 8 of the Health and Personal Social Services (Northern Ireland) Order 1991 (health and social services contracts) is amended as follows. \n2) In paragraph (2)— \n\ta) in sub-paragraph (g)— \n\t\ti) omit paragraph (i), \n\t\tii) omit paragraph (ii), and \n\t\tiii) omit paragraph (iii), \n\tb) after that sub-paragraph insert— \n\t\tga) the National Health Service Commissioning Board; \n\t\tgb) clinical commissioning groups established under section 14D of the National Health Service Act 2006; \n\t\tgc) Special Health Authorities established under section 28 of that Act; \n\t\tgd) Special Health Authorities established under section 22 of the National Health Service (Wales) Act 2006; \n\t\tge) Local Health Boards established under section 11 of that Act; \n\t\tgf) NHS trusts established under section 18 of that Act; , \n\tc) in sub-paragraph (h) after paragraph (i) insert— \n\t\t\tia) Special Health Boards; , \n\td) after sub-paragraph (h) insert— \n\t\tha) Healthcare Improvement Scotland, , \n\te) omit sub-paragraph (i), and \n\tf) before sub-paragraph (j) insert— \n\t\tia) the National Institute for Health and Care Excellence; \n\t\tib) the Health and Social Care Information Centre; . \n3) In paragraph (10) for  “paragraph 2(g), (h), (i) or (j)” substitute  “any of sub-paragraphs (g) to (gf), (h), (ha), (ia), (ib) and (j) of paragraph (2)”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/21",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/21",
    "legislation_id": "ukpga/2012/7",
    "title": "Amendments relating to relationships between the health services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638405Z",
    "text": "Section 219) **Arrangements with other health or social care regulators**\n\n1) After article 44 of the Health and Social Work Professions Order 2001 (S.I. 2002/254) insert— \n\nSection 44A) **Arrangements with other persons who maintain registers of health or social care workers**\n\n1) The Council may make arrangements with any relevant person for the Council to provide administrative, technical or advisory services to that person. \n2) A relevant person is a person or group of persons (whether inside or outside the United Kingdom) who maintain— \n\ta) a register of members of a profession engaged in the provision of health care, \n\tb) a register of persons engaged in, but who are not members of a profession engaged in, the provision of health care, \n\tc) a register of members of the social work profession, or \n\td) a register of persons engaged in social care work. \n2) In Schedule 3 to that Order (interpretation), at the appropriate place, insert— “health care” includes— \n\ta) all forms of health care for individuals, whether relating to physical or mental health, and \n\tb) procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition; . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/219",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/219",
    "legislation_id": "ukpga/2012/7",
    "title": "Arrangements with other health or social care regulators",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 219,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638811Z",
    "text": "Section 308) **Extent**\n\n1) Subject to subsections (2) to (5), this Act extends to England and Wales only. \n2) Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked. \n3) The following provisions extend to England and Wales, Scotland and Northern Ireland— \n\ta) section 46 insofar as it inserts section 252A(8) of the National Health Service Act 2006; \n\tb) sections 56(1) and (3), 57, 58 and 60 (public health functions); \n\tc) section 150(2) and paragraph 1 of Schedule 13 (references to Monitor in instruments etc.); \n\td) section 214(1)\n\t\t\t\t\t\t\t(the Health and Care Professions Council); \n\te) section 222(1)\n\t\t\t\t\t\t\t(the Professional Standards Authority for Health and Social Care); \n\tf) section 230(1) to (4) and (6) and paragraphs 53 and 59 of Schedule 15 (Part 7: consequential provision etc.); \n\tg) section 231(1), (3) and (4) and Part 4 of Schedule 15 (abolition of the Office of the Health Professions Adjudicator); \n\th) section 279(1) and (3) and Part 2 of Schedule 20 (abolition of the Appointments Commission); \n\ti) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tj) this Part. \n4) Sections 128 to 133 (health special administration) extend to England and Wales and Scotland. \n5) The Secretary of State may by order provide that specified provisions of this Act, in their application to the Isles of Scilly, have effect with such modifications as may be specified. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/308",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/308",
    "legislation_id": "ukpga/2012/7",
    "title": "Extent",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 308,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638217Z",
    "text": "Section 200) **Care Trusts**\n\n1) In section 77 of the National Health Service Act 2006 (Care Trusts), in subsection (1)— \n\ta) in paragraph (a), after  “an NHS trust” insert  “or a clinical commissioning group or an NHS foundation trust”, \n\tb) omit the  “and” preceding paragraph (b), \n\tc) in paragraph (b), for  “the Secretary of State considers” substitute  “the body and the local authority concerned consider”, \n\td) in that paragraph, for  “a local authority” substitute  “the local authority”, \n\te) after paragraph (b), insert , and \n\t\tc) the requirements in subsection (1A) are satisfied, , and \n\tf) for  “the Secretary of State may” substitute  “the body and the local authority may jointly”. \n2) After that subsection insert— \n1A) The body and the local authority must, before designating the body as a Care Trust under this section— \n\ta) publish in the prescribed form and manner— \n\t\ti) the reasons why they consider that the proposed designation would be likely to have the result mentioned in subsection (1)(b), and \n\t\tii) information about the proposed governance arrangements of the Care Trust, and \n\tb) consult on the proposed designation in accordance with regulations. \n1B) Where a body has been designated as a Care Trust under this section, the body and the local authority must notify prescribed persons of the designation. \n3) Omit subsections (2) and (3) of that section. \n4) In subsection (4) of that section— \n\ta) for  “The direction is that while the body is designated it” substitute  “A body designated as a Care Trust under this section”, \n\tb) for  “specified in the direction” substitute  “agreed”, \n\tc) for  “so specified” substitute  “so agreed”, and \n\td) at the end insert  “; and  “agreed” means agreed by the body and the local authority”. \n5) For subsection (5) of that section substitute— \n5) Where a body is designated as a Care Trust under this section, the body and the local authority may jointly revoke that designation. \n5A) Before revoking a designation as a Care Trust under this section, the body and the local authority must consult on the proposed revocation of the designation in accordance with regulations. \n5B) Where the designation of a body as a Care Trust under this section has been revoked, the body and the local authority must notify prescribed persons of the revocation. \n6) After subsection (5B) of that section insert— \n5C) Regulations under subsection (1A)(b) or (5A) may include provision requiring a body and a local authority to publish prescribed information following a consultation. \n7) After subsection (5C) of that section insert— \n5D) Where a duty is imposed by or by virtue of this section on a body and a local authority, they may make arrangements for the function to be discharged— \n\ta) by both of them acting jointly, \n\tb) by each of them acting separately, or \n\tc) by one of them acting on behalf of both of them. \n8) Omit subsection (6) of that section. \n9) Omit subsection (7) of that section. \n10) In subsection (9) of that section— \n\ta) omit paragraph (a), \n\tb) omit paragraph (b), \n\tc) omit paragraph (c), and \n\td) in paragraph (d), for  “subsection (3)” substitute  “subsection (4)”. \n11) In subsection (10) of that section, after  “NHS trust” insert  “or clinical commissioning group or NHS foundation trust”. \n12) In subsection (12) of that section, in the definition of  “NHS functions” after  “NHS trust” insert  “or clinical commissioning group or NHS foundation trust”. \n13) Subsections (1)(e) and (2) do not apply in relation to a Primary Care Trust or an NHS trust which has satisfied any requirement in relation to consultation imposed by virtue of subsection (9) of section 77 of the National Health Service Act 2006 before the commencement of those subsections. \n14) A Primary Care Trust or NHS trust which, after the commencement of subsection (5), has its designation as a Care Trust revoked must notify the Secretary of State of that revocation. \n15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/200",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/200",
    "legislation_id": "ukpga/2012/7",
    "title": "Care Trusts",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 200,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638941Z",
    "text": "SCHEDULE 18 The Health and Social Care Information Centre Section 252 *Membership, appointment, etc.*\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Tenure of non-executive office*\n\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Suspension from non-executive office*\n\n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Remuneration etc. of non-executive members*\n\n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Staff*\n\n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Committees*\n\n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Procedure*\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exercise of functions*\n\n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *General powers*\n\n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Finance*\n\n11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Reports*\n\n12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Accounts*\n\n13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Seal and evidence*\n\n16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Status*\n\n17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/18",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/18",
    "legislation_id": "ukpga/2012/7",
    "title": "The Health and Social Care Information Centre",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638463Z",
    "text": "Section 234) **Quality standards**\n\n1) The relevant commissioner may direct NICE to prepare statements of standards in relation to the provision of— \n\ta) NHS services, \n\tb) public health services, or \n\tc) social care in England. \n2) In this Part such a statement is referred to as a  “quality standard”. \n3) In preparing a quality standard NICE must consult the public and, for that purpose, may publish drafts of the standard. \n4) NICE must keep a quality standard under review and may revise it as it considers appropriate. \n5) A quality standard (and any revised standard)— \n\ta) has no effect unless it is endorsed by the relevant commissioner, and \n\tb) must not be published by NICE unless the relevant commissioner so requires. \n6) The relevant commissioner may require NICE— \n\ta) to publish the standard (or revised standard) or to disseminate it to persons specified by the relevant commissioner, and \n\tb) to do so in the manner specified by the relevant commissioner. \n7) NICE must— \n\ta) establish a procedure for the preparation of quality standards, and \n\tb) consult such persons as it considers appropriate in establishing that procedure. \n8) Subsection (9) applies in a case where the Secretary of State and NHS England each has power under this section to give NICE a direction to prepare a quality standard in relation to the same matter or connected matters. \n9) In such a case— \n\ta) the Secretary of State and NHS England may issue a joint direction under subsection (1), and \n\tb) if they do so, NICE must prepare a joint quality standard in respect of the matter or matters concerned. \n10) In this section  “the relevant commissioner”— \n\ta) in relation to a quality standard in relation to the provision of NHS services, means NHS England , and \n\tb) in relation to a quality standard in relation to the provision of public health services or of social care in England, means the Secretary of State, and a reference to the relevant commissioner in relation to a joint quality standard is a reference to both the Secretary of State and NHS England . \n11) In this Part— \n\t- “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);\n\t- “public health services” means services provided pursuant to the functions of— the Secretary of State under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, that Act, ora local authority under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, that Act.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/234",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/234",
    "legislation_id": "ukpga/2012/7",
    "title": "Quality standards",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 234,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638370Z",
    "text": "Section 210) **Training etc. of approved mental health professionals in England**\nIn section 60 of the Health Act 1999 (regulation of health care professions etc.), in subsection (1), after paragraph (e) insert— \n\tea) modifying the functions, powers or duties of the Health and Care Professions Council that relate to the education and training of persons who are or wish to become approved mental health professionals, . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/210",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/210",
    "legislation_id": "ukpga/2012/7",
    "title": "Training etc. of approved mental health professionals in England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 210,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637604Z",
    "text": "Section 47) **Secretary of State's emergency powers**\n\n1) Section 253 of the National Health Service Act 2006 (emergency powers) is amended as follows. \n2) In subsection (1) for the words from  “it is necessary” to the end of the subsection substitute  “it is appropriate to do so”. \n3) After subsection (1) insert— \n1A) A direction under this section may be given to— \n\ta) an NHS body other than a Local Health Board; \n\tb) the National Institute for Health and Care Excellence; \n\tc) the Health and Social Care Information Centre; \n\td) any body or person, other than an NHS body, providing services in pursuance of arrangements made— \n\t\ti) by the Secretary of State under section 12, \n\t\tii) by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, \n\t\tiii) by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, or \n\t\tiv) by the Board, a clinical commissioning group or a local authority by virtue of section 7A. \n4) For subsection (2) substitute— \n2) In relation to a body within subsection (1A)(a) to (c), the powers conferred by this section may be exercised— \n\ta) to give directions to the body about the exercise of any of its functions; \n\tb) to direct the body to cease to exercise any of its functions for a specified period; \n\tc) to direct the body to exercise any of its functions concurrently with another body or person for a specified period; \n\td) to direct the body to exercise any function conferred on another body or person under or by virtue of this Act for a specified period (whether to the exclusion of, or concurrently with, that body or person). \n2A) In relation to a body or person within subsection (1A)(d), the powers conferred by this section may be exercised— \n\ta) to give directions to the body or person about the provision of any services that it provides in pursuance of arrangements mentioned in subsection (1A)(d); \n\tb) to direct the body or person to cease to provide any of those services for a specified period; \n\tc) to direct the body or person to provide other services for the purposes of the health service for a specified period. \n5) After subsection (2A) insert— \n2B) The Secretary of State may direct the Board to exercise the functions of the Secretary of State under this section. \n2C) The Secretary of State may give directions to the Board about its exercise of any functions that are the subject of a direction under subsection (2B). \n2D) In this section,  “specified” means specified in the direction. \n6) Omit subsection (4)\n\t\t\t\t\t(exclusion of NHS foundation trusts from application of emergency powers). \n7) In section 273 of that Act (further provision about orders and directions under the Act), in subsection (4)(c)(ii), for  “or 120” substitute  “, 120 or 253”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/47",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/47",
    "legislation_id": "ukpga/2012/7",
    "title": "Secretary of State's emergency powers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 47,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638437Z",
    "text": "Section 227) **Appointments to regulatory bodies**\nAfter section 25B of the National Health Service Reform and Health Care Professions Act 2002 insert— \n\nSection 25C) **Appointments to regulatory bodies**\n\n1) The Privy Council and a regulatory body may make arrangements for the regulatory body or other persons to assist the Privy Council in connection with its exercise of any of its appointment functions in relation to the regulatory body. \n2) The Privy Council and the Authority may make arrangements for the Authority to assist the Privy Council in connection with— \n\ta) its exercise of any of its appointment functions in relation to a regulatory body; \n\tb) its exercise of its function under paragraph 4 of Schedule 7. \n3) The Privy Council may make arrangements with any other person to assist it in connection with— \n\ta) its exercise of any of its appointment functions in relation to a regulatory body; \n\tb) its exercise of its function under paragraph 4 of Schedule 7. \n4) The Scottish Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph. \n5) The Welsh Ministers and the Authority may make arrangements for the Authority to assist them in connection with their exercise of their function under that paragraph. \n6) The Department of Health, Social Services and Public Safety in Northern Ireland may make arrangements for the Authority to assist the Department in connection with its exercise of its function under that paragraph. \n7) In this section,  “regulatory body” does not include the Pharmaceutical Society of Northern Ireland. \n8) In this section,  “appointment functions” means— \n\ta) in relation to the General Medical Council, the function under paragraph 1A(2) of Schedule 1 to the Medical Act 1983 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (appointment of members and chair and determination of terms of office), \n\tb) in relation to the General Dental Council, the function under paragraph 1A(2) of Schedule 1 to the Dentists Act 1984 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), \n\tc) in relation to the General Optical Council, the function under paragraph 1A(2) of Schedule 1 to the Opticians Act 1989 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), \n\td) in relation to the General Osteopathic Council, the function under paragraph 1A(2) of the Schedule to the Osteopaths Act 1993 and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), \n\te) in relation to the General Chiropractic Council, the function under paragraph 1A(2) of Schedule 1 to the Chiropractors Act 1994 and such functions as the Privy Council has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), \n\tf) in relation to the General Pharmaceutical Council, the function under paragraph 1(2) of Schedule 1 to the Pharmacy Order 2010 (S.I. 2010/231) and such functions as the Privy Council from time to time has by virtue of paragraph 2(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), \n\tg) in relation to the Nursing and Midwifery Council, the function under paragraph 1A(2) of Schedule 1 to the Nursing and Midwifery Order 2001 (S.I. 2002/253) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council), and \n\th) in relation to the Health and Care Professions Council, the function under paragraph 1(2) of Schedule 1 to the Health and Social Work Professions Order 2001 (S.I. 2002/254) and such functions as the Privy Council from time to time has by virtue of paragraph 1B(1)(b) or (d) of that Schedule (corresponding functions in relation to that Council). \n9) A reference to assisting in connection with the exercise of a function does not include a reference to exercising the function. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/227",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/227",
    "legislation_id": "ukpga/2012/7",
    "title": "Appointments to regulatory bodies",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 227,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638593Z",
    "text": "Section 259) **Powers to require and request provision of information**\n\n1) NHS England may— \n\ta) require any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS England to have for the purposes of any function it exercises by virtue of this Chapter, and \n\tb) request any other person to provide it with such information. \n2) Those persons are— \n\ta) a health or social care body; \n\tb) any person (other than a public body) who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care. \n3) But NHS England may not impose a requirement under subsection (1)(a) for the purpose of complying with a confidential collection request falling within section 256(2)(c). \n4) In such a case, NHS England may, however, request any person mentioned in subsection (2) to provide it with any information which NHS England considers it necessary or expedient for NHS England to have for the purpose of complying with the request. \n5) A requirement under subsection (1)(a) must be complied with by providing the information to NHS England in such form and manner, and within such period, as NHS England may specify. \n6) If NHS England considers it appropriate to do so, NHS England may make a payment to any person who has provided information to NHS England pursuant to a request made under subsection (1)(b) in respect of the costs to that person of doing so. \n7) If NHS England considers it appropriate to do so, NHS England may make a payment to any person mentioned in subsection (2)(b) who has provided information to NHS England pursuant to a request made under subsection (4) in respect of the costs to that person of doing so. \n8) NHS England must publish a procedure for notifying persons of requirements imposed, and requests made, under this section. \n9) In imposing requirements under this section NHS England must co-operate with any other person who is authorised to require the provision of information by a person mentioned in subsection (2). \n10) The provision of information under this section— \n\ta) does not breach any obligation of confidence owed by the person providing it, but \n\tb) is subject to any express restriction on disclosure imposed by or under another Act (other than any restriction which allows disclosure if authorised by or under an Act). \n11) In this Chapter  “health or social care body” means a public body which exercises functions in connection with the provision of health services or of adult social care in England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/259",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/259",
    "legislation_id": "ukpga/2012/7",
    "title": "Powers to require and request provision of information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 259,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638239Z",
    "text": "Section 206) **Pharmaceutical needs assessments**\n\n1) In section 128A of the National Health Service Act 2006 (pharmaceutical needs assessments), in subsections (1), (2)(c) and (d) and (3)(b) and (d), for  “Primary Care Trust” substitute  “Health and Wellbeing Board”. \n2) In section 24 of that Act (plans for improving health etc.), at the end of subsection (8)(a) (but before the following  “, and”) insert  “(other than pharmaceutical services or local pharmaceutical services)”. \n3) In section 24A of that Act (report on consultation), in subsection (2), for  “Parts 4 to 7” substitute  “Parts 4 to 6”. \n4) In section 242 of that Act (public involvement and consultation), in subsection (1F), after  “(1E),” insert — \n\ta) health services” does not include pharmaceutical services or local pharmaceutical services, and \n\tb)  . \n5) In section 242A of that Act (Strategic Health Authorities: further duty to involve users), at the end of subsection (2) add  “; and for that purpose  “health services” does not include pharmaceutical services or local pharmaceutical services”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/206",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/206",
    "legislation_id": "ukpga/2012/7",
    "title": "Pharmaceutical needs assessments",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 206,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638474Z",
    "text": "Section 237) **Advice, guidance, information and recommendations**\n\n1) Regulations may confer functions on NICE in relation to the giving of advice or guidance, provision of information or making of recommendations about any matter concerning or connected with the provision of— \n\ta) NHS services, \n\tb) public health services, or \n\tc) social care in England. \n2) The regulations may provide that a function conferred under subsection (1)(a)— \n\ta) is only exercisable on the direction of the Secretary of State or NHS England ; \n\tb) is subject to directions given by the Secretary of State or (as the case may be) NHS England about NICE's exercise of the function. \n3) The regulations may provide that a function conferred under subsection (1)(b) or (c)— \n\ta) is only exercisable on the direction of the Secretary of State; \n\tb) is subject to directions given by the Secretary of State about NICE's exercise of the function. \n4) Provision made under subsection (2)(b) or (3)(b) must not permit a direction to be given about the substance of advice, guidance or recommendations of NICE. \n5) The regulations may make provision about— \n\ta) the persons who may request or require that advice, guidance, information or recommendations be given, provided or (as the case may be) made by NICE, \n\tb) the publication or other dissemination of the advice, guidance, information or recommendations (whether by NICE, the Secretary of State or NHS England ), and \n\tc) the imposition by NICE of charges for or in connection with the giving of advice or guidance, provision of information or making of recommendations. \n6) Provision made under subsection (5)(c) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis. \n7) The regulations must make provision about— \n\ta) the establishment by NICE of procedures for the giving of advice or guidance, provision of information or making of recommendations under the regulations, and \n\tb) consultation by NICE in establishing the procedures. \n8) The regulations may make provision requiring specified health or social care bodies, or health or social care bodies of a specified description, to— \n\ta) have regard to specified advice or guidance, or advice or guidance of a specified description, given by NICE pursuant to the regulations; \n\tb) comply with specified recommendations, or recommendations of a specified description, made by NICE pursuant to the regulations. \n9) Provision made under subsection (8) may require a specified body, or bodies of a specified description, to have regard to advice or guidance or to comply with recommendations— \n\ta) generally in the exercise of functions, or \n\tb) in the exercise of specified functions or functions of a specified description. \n10) But provision made under subsection (8) may impose a requirement on a local authority, or a description of local authorities, only if the requirement relates to— \n\ta) the exercise by an authority of any of its functions under section 2B or 111 of, or paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006; \n\tb) the exercise by an authority of the functions of any other person by virtue of any provision of that Act. \n11) In this section— \n\t- “health or social care body” means any public body exercising functions in connection with the provision of health services or of social care in England;\n\t- “local authority” means— a county council in England;a district council in England, other than a council for a district in a county for which there is a county council;a London borough council;the Council of the Isles of Scilly;the Common Council of the City of London;\n\t- ‘ “public body” means a body or other person whose functions— are of a public nature, orinclude functions of that nature, but, in the latter case, the body or person is a public body to the extent only of those functions;\n\t- “specified” means specified in the regulations.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/237",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/237",
    "legislation_id": "ukpga/2012/7",
    "title": "Advice, guidance, information and recommendations",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 237,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638555Z",
    "text": "Section 251A) **Consistent identifiers**\n\n1) The Secretary of State must by regulations specify a description of consistent identifier for the purposes of this section. \n2) “Consistent identifier” means any identifier (such as, for example, a number or code used for identification purposes) that— \n\ta) relates to an individual, and \n\tb) forms part of a set of similar identifiers that is of general application. \n3) Subsection (4) applies if— \n\ta) a relevant health or adult social care commissioner or provider (“the relevant person”) processes information about an individual, and \n\tb) the individual is one to whom a consistent identifier of the description specified under subsection (1) relates. \n4) If this subsection applies the relevant person must include the consistent identifier in the information processed (but this is subject to subsections (5) to (8)). \n5) Subsection (4) applies only so far as the relevant person considers that the inclusion is— \n\ta) likely to facilitate the provision to the individual of health services or adult social care in England, and \n\tb) in the individual's best interests. \n6) The relevant person need not comply with subsection (4) if the relevant person reasonably considers that one or more of the following criteria apply— \n\ta) the relevant person does not know the consistent identifier and is not reasonably able to learn it; \n\tb) the individual objects, or would be likely to object, to the inclusion of the consistent identifier in the information; \n\tc) the information concerns, or is connected with, the provision of health services or adult social care by an anonymous access provider; \n\td) for any other reason the relevant person is not reasonably able, or should not be required, to comply with subsection (4). \n7) This section does not permit the relevant person to do anything which, but for this section, would be inconsistent with— \n\ta) any provision of the data protection legislation , or \n\tb) a common law duty of care or confidence. \n8) This section does not require the relevant person to do anything which the relevant person is required to do by or under provision included in a contract by virtue of any provision of the National Health Service Act 2006 (and, accordingly, any such requirement is to be treated as arising under the contract, and not under this section). \n9) In this section,  “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/251A",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/251A",
    "legislation_id": "ukpga/2012/7",
    "title": "Consistent identifiers",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638154Z",
    "text": "Section 184) **Local arrangements: power to make further provision**\n\n1) Section 223 of the Local Government and Public Involvement in Health Act 2007 (power to make further provision about local authority arrangements) is amended as follows. \n2) In subsection (1), for  “require prescribed provision to be included in local involvement network arrangements” substitute  “include prescribed provision”. \n3) After that subsection insert— \n1A) The Secretary of State may make regulations which provide that local authority arrangements must require Local Healthwatch arrangements to include prescribed provision. \n4) In subsection (2)— \n\ta) for  “must require local involvement network arrangements to include” substitute  “must include or (as the case may be) must require Local Healthwatch arrangements to include”, \n\tb) in paragraphs (a), (c) and (d), for  “a local involvement network” substitute  “a Local Healthwatch organisation or a Local Healthwatch contractor”, and \n\tc) after paragraph (d) insert ; \n\t\te) prescribed provision relating to the activities which a Local Healthwatch contractor may not carry on on a Local Healthwatch organisation's behalf; \n\t\tf) prescribed provision relating to the obtaining by a Local Healthwatch organisation of a licence under section 45D of the Health and Social Care Act 2008 and the grant by the organisation to a Local Healthwatch contractor of a sub-licence; \n\t\tg) prescribed provision relating to the use by a Local Healthwatch organisation or a Local Healthwatch contractor of the trade mark to which a licence under that section relates; \n\t\th) prescribed provision relating to the infringement of the trade mark to which a licence under that section relates; \n\t\ti) prescribed provision relating to the imposition of a requirement on a Local Healthwatch organisation to act with a view to securing that its Local Healthwatch contractors (taken together) are representative of— \n\t\t\ti) people who live in the local authority's area, \n\t\t\tii) people to whom care services are being or may be provided in that area, and \n\t\t\tiii) people from that area to whom care services are being provided in any place. \n5) After subsection (2) insert— \n2A) The provision which may be prescribed in relation to a Local Healthwatch contractor includes provision that relates to the contractor— \n\ta) only in so far as it assists the Local Healthwatch organisation in the carrying-on of activities specified in section 221(2); \n\tb) only in so far as it carries on such activities on the organisation's behalf. \n2B) Regulations under this section may make provision which applies to all descriptions of Local Healthwatch contractor, which applies to all those descriptions subject to specified exceptions or which applies only to such of those descriptions as are prescribed. \n6) In subsection (3)— \n\ta) before the definition of  “a local involvement network” insert— “care services” has the meaning given by section 221; , \n\tb) omit the definition of  “a local involvement network”, \n\tc) for the definition of  “local involvement network arrangements” substitute— “Local Healthwatch arrangements” has the meaning given by section 222; , \n\td) after that definition insert— \n\t\t\t\t- “Local Healthwatch contractor”, in relation to a Local Healthwatch organisation, means a person with whom the organisation makes Local Healthwatch arrangements;, and \n\te) after the definition of  “prescribed provision” insert ; trade mark”, and  “use” and  “infringement” in relation to a trade mark, each have the same meaning as in the Trade Marks Act 1994. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/184",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/184",
    "legislation_id": "ukpga/2012/7",
    "title": "Local arrangements: power to make further provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 184,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638433Z",
    "text": "Section 226) **Accountability and governance**\n\n1) Schedule 7 to the National Health Service Reform and Health Care Professions Act 2002 (constitution etc. of the Authority) is amended as follows. \n2) In paragraph 4 (membership and chair)— \n\ta) in paragraph (e), for  “the Secretary of State” substitute  “the Privy Council”, and \n\tb) in paragraph (f), for  “two executive members” substitute  “one executive member”. \n3) In paragraph 6 (appointments), for  “The Secretary of State” substitute  “The Privy Council”. \n4) In paragraph 10 (remuneration and allowances)— \n\ta) in each of sub-paragraphs (1) and (2), for  “the Secretary of State” substitute  “the Authority”, and \n\tb) for sub-paragraphs (3) and (4) substitute— \n\t3) The Authority may provide for the payment of such pension, allowance or gratuities as it may determine to or in respect of a person who is or has been the chair or any other member of the Authority. \n\t4) The Authority may, where it considers there are special circumstances that make it right for a person ceasing to hold office as chair of the Authority to receive compensation, pay the person such compensation as it may determine. \n5) In paragraph 11 (employees)— \n\ta) in sub-paragraph (1), for  “members” substitute  “member”, and \n\tb) in sub-paragraph (2), for  “members must be employees” substitute  “member must be an employee”. \n6) In paragraph 15 (accounts)— \n\ta) in each of sub-paragraphs (1) and (2), for  “the Secretary of State” substitute  “the Privy Council”, and \n\tb) in sub-paragraph (3)— \n\t\ti) omit  “the Secretary of State and”, and \n\t\tii) for  “the Secretary of State” substitute  “the Privy Council”. \n7) In paragraph 16 (reports and other information), after sub-paragraph (1A) insert— \n1B) The Authority must, by such date in each year as the Privy Council determines, publish— \n\ta) a strategic plan for the Authority for the coming financial year, and \n\tb) a strategic plan for the Authority for such of the subsequent financial years as the Authority may determine. \n8) In sub-paragraph (2) of that paragraph, after  “its report for that year” insert  “, and a copy of each of its strategic plans published in that year,”. \n9) In section 38 of that Act (regulations and orders), after subsection (3E) (inserted by section 223(13)) insert— \n3F) A statutory instrument containing regulations made by the Privy Council under paragraph 6 of Schedule 7 is subject to annulment in pursuance of a resolution of either House of Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/226",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/226",
    "legislation_id": "ukpga/2012/7",
    "title": "Accountability and governance",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 226,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637760Z",
    "text": "Section 87A) **Application and grant: NHS trusts**\n\n1) An NHS trust established under section 25 of the National Health Service Act 2006 is to be treated, on its establishment, as— \n\ta) having made an application for a licence under section 85, and \n\tb) having met the criteria for holding a licence for the time being published under section 86. \n2) An NHS trust established under section 25 of the National Health Service Act 2006 before the day on which section 51 (1) of the Health and Care Act 2022 comes into force is to be treated, for the purposes of subsection (1), as having been established on that day. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/87A",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/87A",
    "legislation_id": "ukpga/2012/7",
    "title": "Application and grant: NHS trusts",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637546Z",
    "text": "Section 32) **Complaints about exercise of public health functions by local authorities**\nIn Part 3 of the National Health Service Act 2006 (local authorities and the NHS) after section 73B insert— \n\nSection 73C) **Complaints about exercise of public health functions by local authorities**\n\n1) Regulations may make provision about the handling and consideration of complaints made under the regulations about — \n\ta) the exercise by a local authority of any of its public health functions; \n\tb) the exercise by a local authority of its functions by virtue of section 6C(1) or (3); \n\tc) anything done by a local authority in pursuance of arrangements made under section 7A; \n\td) the exercise by a local authority of any of its other functions— \n\t\ti) which relate to public health, and \n\t\tii) for which its director of public health has responsibility; \n\te) the provision of services by another person in pursuance of arrangements made by a local authority in the exercise of any function mentioned in paragraphs (a) to (d). \n2) The regulations may provide for a complaint to be considered by one or more of the following— \n\ta) the local authority in respect of whose functions the complaint is made; \n\tb) an independent panel established under the regulations; \n\tc) any other person or body. \n3) The regulations may provide for a complaint or any matter raised by a complaint— \n\ta) to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 for the Commissioner to consider whether to investigate the complaint or matter under that Part; \n\tb) to be referred to any other person or body for that person or body to consider whether to take any action otherwise than under the regulations. \n4) Where the regulations make provision under subsection (3)(a) they may also provide for the complaint to be treated as satisfying sections 26A and 26B of the Act of 1974. \n5) Section 115 of the Health and Social Care (Community Health and Standards) Act 2003 (health care and social services complaints regulations: supplementary) applies in relation to regulations under this section as it applies in relation to regulations under subsection (1) of section 113 of that Act. \n6) In this section,  “local authority” has the same meaning as in section 2B. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/32",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/32",
    "legislation_id": "ukpga/2012/7",
    "title": "Complaints about exercise of public health functions by local authorities",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 32,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638743Z",
    "text": "Section 291) **Breaches of duties to co-operate**\n\n1) If the Secretary of State is of the opinion that bodies subject to a relevant co-operation duty have breached or are breaching the duty, or are at significant risk of breaching the duty, the Secretary of State may give a written notice of the Secretary of State's opinion to each body. \n2) The relevant co-operation duties are— \n\ta) the duty under section 288 (co-operation by NHS England with the Care Quality Commission), \n\tb) the duty under section 290(2), \n\tc) the duty under section 70 of the Health and Social Care Act 2008 (co-operation by the Care Quality Commission with NHS England ), \n\td) any duties imposed by an enactment on relevant bodies to co-operate with each other in the exercise of their respective functions. \n3) The Secretary of State must publish each notice given under subsection (1) in such form as the Secretary of State considers appropriate. \n4) Subsection (5) applies if, having given a notice under subsection (1), the Secretary of State is satisfied that— \n\ta) the bodies concerned have breached or are continuing to breach the duty or, the risk of a breach having materialised, are breaching the duty, and \n\tb) the breach is having a detrimental effect on the performance of the health service (or, where the effect of the breach on the performance of the health service is both beneficial and detrimental, its overall effect is detrimental). \n5) The Secretary of State may by order prohibit each body from exercising specified functions, or from exercising specified functions in a specified manner, unless the other body concerned agrees in writing that the body may do so. \n6) The power to make an order under subsection (5)— \n\ta) may be exercised so as to specify different functions in relation to each body, but \n\tb) may not be exercised so as to prevent a body from complying with a requirement imposed by or under an enactment or by a court or tribunal. \n7) In default of agreement as to the exercise of a function specified in an order under subsection (5), a body may exercise the function in accordance with provision determined by arbitration. \n8) An order under subsection (5) must specify the period for which a prohibition imposed by it has effect; and the period specified for that purpose may not exceed one year beginning with the day on which the order comes into force. \n9) But if the Secretary of State is satisfied that the breach is continuing to have a detrimental effect (or an effect that overall is detrimental) on the performance of the health service, the Secretary of State may by order extend by one year the period for which the prohibition for the time being has effect. \n10) In this section,  “the health service” means the comprehensive health service continued under section 1(1) of the National Health Service Act 2006. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/291",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/291",
    "legislation_id": "ukpga/2012/7",
    "title": "Breaches of duties to co-operate",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 291,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637532Z",
    "text": "Section 29) **Other health service functions of local authorities under the 2006 Act**\n\n1) The National Health Service Act 2006 (c. 41) is amended as follows. \n2) In section 111 (dental public health)— \n\ta) in subsection (1) for  “A Primary Care Trust” substitute  “A local authority”, \n\tb) in subsection (2)— \n\t\ti) for  “Primary Care Trust” (in each place where it occurs) substitute  “local authority”, and \n\t\tii) in paragraph (b) for  “other Primary Care Trusts” substitute  “other local authorities”, and \n\tc) after subsection (2) insert— \n\t3) In this section,  “local authority” has the same meaning as in section 2B. \n3) In section 249 (joint working with the prison service) after subsection (4) insert— \n4A) For the purposes of this section, each local authority (within the meaning of section 2B) is to be treated as an NHS body. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/29",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/29",
    "legislation_id": "ukpga/2012/7",
    "title": "Other health service functions of local authorities under the 2006 Act",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 29,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638653Z",
    "text": "Section 274) **Powers of Secretary of State or  NHS England  to give directions**\n\n1) Regulations may make provision conferring powers on the Secretary of State to give directions— \n\ta) requiring a health or social care body to exercise such of NHS England’s relevant data functions as may be specified; \n\tb) requiring NHS England or another health or social care body to exercise such information functions of the Secretary of State as may be specified; \n\tc) requiring NHS England to exercise such of the information functions of any health or social care body as may be specified; \n\td) requiring NHS England to exercise such systems delivery functions of the Secretary of State as may be specified. \n1A) Regulations may make provision conferring powers on NHS England to give directions requiring a health or social care body to exercise such information functions of NHS England as may be specified. \n2) A function required to be exercised by a direction given by the Secretary of State  ...  by virtue of subsection (1) is subject to directions given by the Secretary of State  ...  about the exercise of the function. \n2A) A function required to be exercised by a direction given by NHS England by virtue of subsection (1A) is subject to directions given by NHS England about the exercise of the function. \n3) A power conferred on the Secretary of State under subsection (1)(a) must provide that a direction may be given in respect of a function of NHS England only if the function relates to information which is of a description prescribed in the regulations and— \n\ta) in respect of which the Secretary of State may give a direction under section 254, or \n\tb) which the Secretary of State considers is information in respect of which a mandatory request may be made under section 255. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) A power conferred under subsection (1)(a) or (1A) must provide that a direction must include provision requiring the body in question to provide NHS England with the information it needs to comply with the duty under section 264 (duty to publish information register). \n6) A power conferred on the Secretary of State under subsection (1)(d) must provide that a direction may include provision about payments by the Secretary of State to NHS England for things done in the exercise of the function in respect of which the direction is given. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) A power conferred under subsection (1)(d) must provide that the giving of a direction does not prevent the Secretary of State  ...  from exercising the function in respect of which the direction is given. \n9) In this section— \n\t- “information function” means a function in relation to the collection, analysis, publication or other dissemination of information;\n\t- “NHS services” means services the provision of which is arranged by NHS England or an integrated care board (including services the provision of which is arranged by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006);\n\t- “specified” means specified in a direction given under regulations made under subsection (1) or (1A) ;\n\t- systems delivery function” means a function which is exercisable in relation to the development or operation of information or communications systems in connection with the provision of health services or of adult social care in England.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/274",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/274",
    "legislation_id": "ukpga/2012/7",
    "title": "Powers of Secretary of State or NHS England to give directions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 274,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638162Z",
    "text": "Section 186) **Requests, rights of entry and referrals**\n\n1) Section 224 of the Local Government and Public Involvement in Health Act 2007 (duties of services-providers to respond to requests for information etc.) is amended as follows. \n2) In subsection (1), in paragraphs (a) and (b), for  “a local involvement network” substitute  “a Local Healthwatch organisation or a Local Healthwatch contractor”. \n3) For subsection (3) substitute— \n3) For the purposes of subsection (1), something is done by a Local Healthwatch organisation if it is done by that organisation— \n\ta) in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2), or \n\tb) in compliance with a requirement imposed by virtue of section 223(2)(i). \n3A) For the purposes of subsection (1), something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2). \n4) After subsection (4) insert— \n5) In this section— \n\t- “Local Healthwatch arrangements” has the meaning given by section 222;\n\t- “Local Healthwatch contractor” has the meaning given by section 223.\n5) In the title to that section, for  “local involvement networks” substitute  “Local Healthwatch organisations or contractors”. \n6) Section 225 of that Act (duties of services-providers to allow entry to premises) is amended as follows. \n7) In subsection (2), in paragraph (f), and in subsection (5), for  “a local involvement network” substitute  “a Local Healthwatch organisation or a Local Healthwatch contractor”. \n8) In subsection (4), in paragraph (a), after  “section 221(1)” insert  “or Local Healthwatch arrangements”. \n9) After subsection (5) insert— \n5A) In this section— \n\t- “Local Healthwatch arrangements” has the meaning given by section 222;\n\t- “Local Healthwatch contractor” has the meaning given by section 223.\n10) Omit subsection (6). \n11) For the title to that section substitute  “Duties of services-providers to allow entry by Local Healthwatch organisations or contractors”. \n12) Section 226 of that Act (referrals of social care matters) is amended as follows. \n13) In subsections (1) and (5), for  “a local involvement network” substitute  “a Local Healthwatch organisation or a Local Healthwatch contractor”. \n14) For subsection (7) substitute— \n7) For the purposes of this section, something is done by a Local Healthwatch organisation if it is done by that organisation in the carrying-on, under arrangements made under section 221(1), of activities specified in section 221(2). \n7A) For the purposes of this section, something is done by a Local Healthwatch contractor if it is done by that contractor in the carrying-on, under Local Healthwatch arrangements, of activities specified in section 221(2). \n15) In subsection (8), before the definition of  “overview and scrutiny committee” insert— “Local Healthwatch arrangements” has the meaning given by section 222; “Local Healthwatch contractor” has the meaning given by section 223; . \n16) For the title to that section substitute  “Referrals of social care matters”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/186",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/186",
    "legislation_id": "ukpga/2012/7",
    "title": "Requests, rights of entry and referrals",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 186,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637733Z",
    "text": "Section 81) **Requirement for health service providers to be licensed**\n\n1) Any person who provides a health care service for the purposes of the NHS must hold a licence under this Chapter. \n2) Regulations may make provision for the purposes of this Chapter for determining, in relation to a service provided by two or more persons acting in different capacities, which of those persons is to be regarded as the person who provides the service. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/81",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/81",
    "legislation_id": "ukpga/2012/7",
    "title": "Requirement for health service providers to be licensed",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 81,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638459Z",
    "text": "Section 233) **General duties**\n\n1) In exercising its functions NICE must have regard to— \n\ta) the broad balance between the benefits and costs of the provision of health services or of social care in England, \n\tb) the degree of need of persons for health services or social care in England, and \n\tc) the desirability of promoting innovation in the provision of health services or of social care in England. \n2) NICE must exercise its functions effectively, efficiently and economically. \n3) In this Part— \n\t- “health services” means services which must or may be provided as part of the health service in England;\n\t- “social care” includes all forms of personal care and other practical assistance provided for individuals who, by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/233",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/233",
    "legislation_id": "ukpga/2012/7",
    "title": "General duties",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 233,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638739Z",
    "text": "Section 290) **Other duties to co-operate**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) The Care Quality Commission and each relevant body must co-operate with each other in the exercise of their respective functions (including any functions that consist of exercising the functions of other persons) . \n3) The relevant bodies are— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) the National Institute for Health and Care Excellence, \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) Special Health Authorities which have functions that are exercisable in relation to England. \n4) The Secretary of State may by order amend subsection (3) so as to add to the list of relevant bodies a body that has functions relating to health. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) For the purposes of this section and section 291, the functions of a Special Health Authority include such functions as it is directed to exercise under section 7 of the National Health Service Act 2006 (directions by Secretary of State). \n8) References in this section and section 291 to functions are references to functions so far as exercisable in relation to England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/290",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/290",
    "legislation_id": "ukpga/2012/7",
    "title": "Other duties to co-operate",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 290,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637528Z",
    "text": "Section 28) **Requirement for primary medical services provider to belong to clinical commissioning group**\n\n1) In section 89 of the National Health Service Act 2006 (general medical services contracts: required terms), after subsection (1) insert— \n1A) Regulations under subsection (1) may, in particular, make provision— \n\ta) for requiring a contractor who provides services of a prescribed description (a  “relevant contractor”) to be a member of a clinical commissioning group; \n\tb) as to arrangements for securing that a relevant contractor appoints one individual to act on its behalf in the dealings between it and the clinical commissioning group to which it belongs; \n\tc) for imposing requirements with respect to those dealings on the individual appointed for the purposes of paragraph (b); \n\td) for requiring a relevant contractor, in doing anything pursuant to the contract, to act with a view to enabling the clinical commissioning group to which it belongs to discharge its functions (including its obligation to act in accordance with its constitution). \n1B) Provision by virtue of subsection (1A)(a) may, in particular, describe services by reference to the manner or circumstances in which they are performed. \n1C) In the case of a contract entered into by two or more individuals practising in partnership— \n\ta) regulations making provision under subsection (1A)(a) may make provision for requiring each partner to secure that the partnership is a member of the clinical commissioning group; \n\tb) regulations making provision under subsection (1A)(b) may make provision as to arrangements for securing that the partners make the appointment; \n\tc) regulations making provision under subsection (1A)(d) may make provision for requiring each partner to act as mentioned there. \n1D) Regulations making provision under subsection (1A) for the case of a contract entered into by two or more individuals practising in partnership may make provision as to the effect of a change in the membership of the partnership. \n1E) The regulations may require an individual appointed for the purposes of subsection (1A)(b)— \n\ta) to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, and \n\tb) to meet such other conditions as may be prescribed. \n2) In section 94 of that Act (regulations about arrangements under section 92 of that Act for provision of primary medical services), after subsection (3) insert— \n3A) Regulations under subsection (3)(d) may— \n\ta) require a person who provides services of a prescribed description in accordance with section 92 arrangements (a  “relevant provider”) to be a member of a clinical commissioning group; \n\tb) make provision as to arrangements for securing that a relevant provider appoints one individual to act on its behalf in dealings between it and the clinical commissioning group to which it belongs; \n\tc) impose requirements with respect to those dealings on the individual appointed for the purposes of paragraph (b); \n\td) require a relevant provider, in doing anything pursuant to section 92 arrangements, to act with a view to enabling the clinical commissioning group to which it belongs to discharge its functions (including its obligation to act in accordance with its constitution). \n3B) Provision by virtue of subsection (3A)(a) may, in particular, describe services by reference to the manner or circumstances in which they are performed. \n3C) In the case of an agreement made with two or more persons— \n\ta) regulations making provision under subsection (3A)(a) may require each person to secure that the persons collectively are a member of the clinical commissioning group; \n\tb) regulations making provision under subsection (3A)(b) may make provision as to arrangements for securing that the persons collectively make the appointment; \n\tc) regulations making provision under subsection (3A)(d) may require each person to act as mentioned there. \n3D) Regulations making provision under subsection (3A) for the case of an agreement made with two or more persons may make provision as to the effect of a change in the composition of the group of persons involved. \n3E) The regulations may require an individual appointed for the purposes of subsection (3A)(b)— \n\ta) to be a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, and \n\tb) to meet such other conditions as may be prescribed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/28",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/28",
    "legislation_id": "ukpga/2012/7",
    "title": "Requirement for primary medical services provider to belong to clinical commissioning group",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 28,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637794Z",
    "text": "Section 96) **Limits on  NHS England’s  functions to set or modify licence conditions**\n\n1) This section applies to the following functions of NHS England — \n\ta) the duty to determine the standard conditions to be included in each licence under this Chapter or in licences of a particular description (see section 94); \n\tb) the powers to include a special condition in a licence and to modify such a condition (see section 95); \n\tc) the power to modify the standard conditions applicable to all licences, or to licences of a particular description (see section 100). \n2) NHS England may only exercise a function to which this section applies— \n\ta) for the purpose of regulating the price payable for the provision of health care services for the purposes of the NHS; \n\tb) for the purpose of preventing anti-competitive behaviour in the provision of health care services for those purposes which is against the interests of people who use such services; \n\tc) for the purpose of protecting and promoting the right of patients to make choices with respect to treatment or other health care services provided for the purposes of the NHS; \n\td) for the purpose of ensuring the continued provision of health care services for the purposes of the NHS; \n\tda) for the purpose of ensuring that decisions relating to the provision of health care services for the purposes of the NHS are made with regard to all their likely effects in relation to the matters referred to in subsection (2A); \n\te) for the purpose of enabling health care services provided for the purposes of the NHS to be provided in an integrated way where NHS England considers that this would achieve one or more of the objectives referred to in subsection (3); \n\tf) for the purpose of enabling the provision of health care services provided for the purposes of the NHS to be integrated with the provision of health-related services or social care services where NHS England considers that this would achieve one or more of the objectives referred to in subsection (3); \n\tg) for the purpose of enabling, promoting or securing co-operation between providers of health care services for the purposes of the NHS, or between such providers and— \n\t\ti) NHS bodies, within the meaning of section 72 of the National Health Service Act 2006, or \n\t\tii) local authorities in England (and for this purpose “local authority” has the meaning given by section 275(1) of the National Health Service Act 2006); \n\th) for purposes connected with the governance of persons providing health care services for the purposes of the NHS; \n\ti) for purposes connected with NHS England’s functions in relation to the register of NHS foundation trusts required to be maintained under section 39 of the National Health Service Act 2006; \n\tj) for purposes connected with the operation of the licensing regime established by this Chapter; \n\tk) for such other purposes as may be prescribed. \n2A) The matters referred to in subsection (2)(da) are— \n\ta) the health and well-being of the people of England; \n\tb) the quality of services provided to individuals— \n\t\ti) by relevant bodies, or \n\t\tii) in pursuance of arrangements made by relevant bodies, for or in connection with the prevention, diagnosis or treatment of illness, as part of the health service in England; \n\tc) efficiency and sustainability in relation to the use of resources by relevant bodies for the purposes of the health service in England. \n2B) For the purposes of subsection (2)(da) (as read with subsection (2A) )— \n\ta) a reference to the effects of decisions in relation to the health and well-being of the people of England includes a reference to the effects of the decisions in relation to inequalities between the people of England with respect to their health and well-being; \n\tb) a reference to effects of decisions in relation to the quality of services provided to individuals includes a reference to the effects of the decisions in relation to inequalities between individuals with respect to the benefits that they can obtain from those services. \n2C) In subsection (2A) “relevant bodies” means— \n\ta) NHS England, \n\tb) integrated care boards, \n\tc) NHS trusts established under section 25, and \n\td) NHS foundation trusts. \n3) The objectives referred to in subsection (2)(e), and (f) are— \n\ta) improving the quality of health care services provided for the purposes of the NHS (including the outcomes that are achieved from their provision) or the efficiency of their provision, \n\tb) reducing inequalities between persons with respect to their ability to access those services, and \n\tc) reducing inequalities between persons with respect to the outcomes achieved for them by the provision of those services. \n4) NHS England must not exercise a function to which this section applies in a way which it considers would result in a particular licence holder or holders of licences of a particular description being put at an unfair advantage or disadvantage in competing with others in the provision of health care services for the purposes of the NHS as a result of— \n\ta) being in the public or (as the case may be) private sector, or \n\tb) some other aspect of its or their status. \n5) In subsection (2)(f),  “health-related services” and  “social care services” each have the meaning given in section 62(11). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/96",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/96",
    "legislation_id": "ukpga/2012/7",
    "title": "Limits on NHS England’s functions to set or modify licence conditions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 96,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637440Z",
    "text": "Section 9) **The NHS Commissioning Board**\n\n1) After section 1G of the National Health Service Act 2006 insert— *Role of the Board in the health service in England*\n\n\nSection 1H) **The National Health Service Commissioning Board and its general functions**\n\n1) There is to be a body corporate known as the National Health Service Commissioning Board (“the Board”). \n2) The Board is subject to the duty under section 1(1) concurrently with the Secretary of State except in relation to the part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities. \n3) For the purpose of discharging that duty, the Board— \n\ta) has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act, and \n\tb) must exercise the functions conferred on it by this Act in relation to clinical commissioning groups so as to secure that services are provided for those purposes in accordance with this Act. \n4) Schedule A1 makes further provision about the Board. \n5) In this Act— \n\ta) any reference to the public health functions of the Secretary of State is a reference to the functions of the Secretary of State under sections 2A and 2B and paragraphs 7C, 8 and 12 of Schedule 1, and \n\tb) any reference to the public health functions of local authorities is a reference to the functions of local authorities under sections 2B and 111 and paragraphs 1 to 7B and 13 of Schedule 1. \n2) Before Schedule 1 to that Act, insert the Schedule set out in Schedule 1 to this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/9",
    "legislation_id": "ukpga/2012/7",
    "title": "The NHS Commissioning Board",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637466Z",
    "text": "Section 13) **Duties of clinical commissioning groups as to commissioning certain health services**\n\n1) Section 3 of the National Health Service Act 2006 is amended as follows. \n2) In subsection (1)— \n\ta) for the words from the beginning to  “reasonable requirements” substitute  “A clinical commissioning group must arrange for the provision of the following to such extent as it considers necessary to meet the reasonable requirements of the persons for whom it has responsibility”, and \n\tb) in each of paragraphs (d) and (e) for the words  “as he considers” substitute  “as the group considers”. \n3) After that subsection insert— \n1A) For the purposes of this section, a clinical commissioning group has responsibility for— \n\ta) persons who are provided with primary medical services by a member of the group, and \n\tb) persons who usually reside in the group's area and are not provided with primary medical services by a member of any clinical commissioning group. \n1B) Regulations may provide that for the purposes of this section a clinical commissioning group also has responsibility (whether generally or in relation to a prescribed service or facility) for persons who— \n\ta) were provided with primary medical services by a person who is or was a member of the group, or \n\tb) have a prescribed connection with the group's area. \n1C) The power conferred by subsection (1B)(b) must be exercised so as to provide that, in relation to the provision of services or facilities for emergency care, a clinical commissioning group has responsibility for every person present in its area. \n1D) Regulations may provide that subsection (1A) does not apply— \n\ta) in relation to persons of a prescribed description (which may include a description framed by reference to the primary medical services with which the persons are provided); \n\tb) in prescribed circumstances. \n1E) The duty in subsection (1) does not apply in relation to a service or facility if the Board has a duty to arrange for its provision. \n4) After subsection (1E) insert— \n1F) In exercising its functions under this section and section 3A, a clinical commissioning group must act consistently with— \n\ta) the discharge by the Secretary of State and the Board of their duty under section 1(1)\n\t\t\t\t\t\t\t\t\t\t(duty to promote a comprehensive health service), and \n\tb) the objectives and requirements for the time being specified in the mandate published under section 13A. \n5) Omit subsections (2) and (3). \n6) For the heading to section 3 substitute  “Duties of clinical commissioning groups as to commissioning certain health services”. \n7) For the cross-heading preceding section 3 substitute  “Arrangements for the provision of certain health services”. \n8) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) before paragraph (za) insert— \n\tzza) regulations under section 3(1D), . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/13",
    "legislation_id": "ukpga/2012/7",
    "title": "Duties of clinical commissioning groups as to commissioning certain health services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
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    "provenance_timestamp": null,
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    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638619Z",
    "text": "Section 265) **Advice or guidance**\n\n1) NHS England — \n\ta) may give advice or guidance to any person mentioned in subsection (2) on any matter relating to the collection, analysis, publication or other dissemination of information, and \n\tb) must, if requested to do so by the Secretary of State  ..., give advice or guidance on any such matter as may be specified in the request to— \n\t\ti) the Secretary of State  ...; \n\t\tii) such other persons as may be specified in the request. \n2) Those persons are— \n\ta) the Secretary of State, \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) any person who makes, or is proposing to make, a request under section 255, \n\td) any health or social care body, and \n\te) any person (including a devolved authority) who collects, or is proposing to collect, information which relates to the provision of health care or adult social care. \n3) The Secretary of State must, at least once in any review period, exercise the power under subsection (1)(b) by requesting NHS England to give the Secretary of State advice about ways in which the burdens relating to the collection of information imposed on health or social care bodies and other persons may be minimised. \n4) For the purposes of subsection (3) a review period is— \n\ta) the period of 3 years beginning with the day on which this section comes into force, and \n\tb) each subsequent period of 3 years. \n5) A health or social care body to whom advice or guidance is given under this section must have regard to the advice or guidance in exercising functions in connection with the provision of health services or of adult social care in England. \n6) A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to any advice or guidance given to the person under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/265",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/265",
    "legislation_id": "ukpga/2012/7",
    "title": "Advice or guidance",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 265,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638885Z",
    "text": "SCHEDULE 5 Part 1: amendments of other enactments Section 55(2) *Voluntary Hospitals (Paying Patients) Act 1936 (c. 17)*\n\n1) In section 1 of the Voluntary Hospitals (Paying Patients) Act 1936 (definitions)— \n\ta) in the definition of  “voluntary hospital”, for  “, NHS foundation trust or a Primary Care Trust” substitute  “or an NHS foundation trust”, and \n\tb) omit the definition of  “Primary Care Trust”. *National Assistance Act 1948 (c. 29)*\n\n2) The National Assistance Act 1948 is amended as follows. \n3) \n1) Section 24 (local authority's liability for provision of accommodation) is amended as follows. \n2) In subsections (6A) and (6B)— \n\ta) after  “by a” insert  “clinical commissioning group or”, and \n\tb) omit  “Primary Care Trust or”. \n3) After subsection (6B), insert— \n6C) The references in subsections (6A) and (6B) to a clinical commissioning group are, so far as necessary for the purposes of regulations under section 117(2E) of the Mental Health Act 1983, to be read as references to the National Health Service Commissioning Board. \n4) In section 26 (provision of accommodation in premises maintained by voluntary organisations), in subsection (1C)— \n\ta) after  “such” insert  “clinical commissioning group or”, and \n\tb) omit  “Primary Care Trust or”. *Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)*\n\n5) In Part 1 of Schedule 2 to the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (capacities in respect of which payments under Part 5 of the Act may be made, and paying authorities), in paragraph 15— \n\ta) in the first column (headed  “capacity”), after  “Officer of” insert  “the National Health Service Commissioning Board, a clinical commissioning group,”, \n\tb) in that column, omit  “a Strategic Health Authority,”, \n\tc) in the second column (headed  “paying authority”), after  “The” insert  “National Health Service Commissioning Board, clinical commissioning group,”, and \n\td) in that column, omit  “Strategic Health Authority,”. *Public Records Act 1958 (c. 51)*\n\n6) In Schedule 1 to the Public Records Act 1958 (bodies the records of which are public records), in paragraph 3(2) in the Table, in the second column of the first entry relating to the Department of Health— \n\ta) after  “Authorities including” insert  “the National Health Service Commissioning Board, clinical commissioning groups,”, \n\tb) after  “records of trust property passing to” insert  “the National Health Service Commissioning Board, a clinical commissioning group,”, \n\tc) after  “section 161 of the National Health Service (Wales) Act 2006” (in the second place it occurs) insert  “or section 300 of the Health and Social Care Act 2012”, \n\td) after  “or held by” insert  “the National Health Service Commissioning Board, a clinical commissioning group or”, and \n\te) after  “that Act, or” (in the second place where it occurs) insert  “by virtue of section 2 and section 13X of, or paragraph 20 of Schedule 1A to, that Act, or under”. *Public Bodies (Admission to Meetings) Act 1960 (c. 67)*\n\n7) In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), in paragraph 1— \n\ta) omit paragraph (ea), \n\tb) before paragraph (g) insert— \n\t\tfa) the National Health Service Commissioning Board, except as regards the exercise of functions under the National Health Service (Service Committees and Tribunal) Regulations 1992, or any regulations amending or replacing those Regulations; , and \n\tc) omit paragraph (gg). *Parliamentary Commissioner Act 1967 (c. 13)*\n\n8) In Schedule 3 to the Parliamentary Commissioner Act 1967 (matters not subject to investigation), in paragraph 8— \n\ta) in sub-paragraph (1)— \n\t\ti) after  “Secretary of State by” insert  “a local authority, the National Health Service Commissioning Board, a clinical commissioning group”, \n\t\tii) omit  “a Strategic Health Authority,”, and \n\t\tiii) omit  “, a Primary Care Trust”, and \n\tb) in sub-paragraph (2)— \n\t\ti) after  “action taken by” insert  “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or”, \n\t\tii) omit  “a Strategic Health Authority,”, and \n\t\tiii) omit  “or Primary Care Trust”. *Abortion Act 1967 (c. 87)*\n\n9) In section 1 of the Abortion Act 1967 (location of treatment for termination of pregnancy), in subsection (3) omit  “a Primary Care Trust or”. *Leasehold Reform Act 1967 (c. 88)*\n\n10) In section 28 of the Leasehold Reform Act 1967 (land required for public purposes)— \n\ta) in subsection (5), in paragraph (d)— \n\t\ti) after  “to” insert  “the National Health Service Commissioning Board, any clinical commissioning group,”, \n\t\tii) omit  “any Strategic Health Authority,”, and \n\t\tiii) omit  “, any Primary Care Trust”, and \n\tb) in subsection (6), in paragraph (c)— \n\t\ti) after  “in the case of” insert  “the National Health Service Commissioning Board, a clinical commissioning group,”, \n\t\tii) omit  “a Strategic Health Authority,”, and \n\t\tiii) omit  “, Primary Care Trust”. *Health Services and Public Health Act 1968 (c. 46)*\n\n11) The Health Services and Public Health Act 1968 is amended as follows. \n12) \n1) Section 63 (provision of instruction for officers of hospital authorities etc.) is amended as follows. \n2) In subsection (1)— \n\ta) after  “servants of” insert  “the National Health Service Commissioning Board or a clinical commissioning group,”, \n\tb) omit  “a Strategic Health Authority,”, and \n\tc) omit  “, Primary Care Trust”. \n3) In subsection (2)— \n\ta) in paragraph (a) before  “or the council” insert  “, the National Health Service Commissioning Board, a clinical commissioning group”, and \n\tb) in paragraph (b) for  “a Primary Care Trust” substitute  “the National Health Service Commissioning Board”. \n4) In subsection (5A)— \n\ta) omit  “Strategic Health Authority” (in each place where it occurs), and \n\tb) omit  “, Primary Care Trust” (in each place where it occurs). \n5) In subsection (5B)— \n\ta) omit paragraph (za), and \n\tb) omit paragraph (bb). \n13) In section 64 (financial assistance to certain voluntary organisations), in subsection (3)(b)— \n\ta) after  “City of London” insert  “or a service for the provision of which the National Health Service Commissioning Board or a clinical commissioning group has, by virtue of the National Health Service Act 2006, a duty or power to make arrangements”, \n\tb) for  “a Primary Care Trust or local Health Board are” substitute  “a local Health Board is”, \n\tc) omit  “Chapter 1 of Part 7 of the National Health Service Act 2006, or”, and \n\td) omit  “Primary Care Trust or”. *Employers' Liability (Compulsory Insurance) Act 1969 (c. 57)*\n\n14) In section 3 of the Employers' Liability (Compulsory Insurance) Act 1969 (employers exempted from insurance), in subsection (2)(a)— \n\ta) after  “National Health Service and Community Care Act 1990,” insert  “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and \n\tb) omit  “, a Primary Care Trust established under section 18 of the National Health Service Act 2006”. *Local Authority Social Services Act 1970 (c. 42)*\n\n15) In Schedule 1 to the Local Authority Social Services Act 1970 (social services functions) in the entry relating to the Children Act 1989, in the column headed  “Nature of functions”— \n\ta) after  “accommodated” insert  “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, and \n\tb) omit  “Primary Care Trusts,”. *Chronically Sick and Disabled Persons Act 1970 (c. 44)*\n\n16) \n1) Section 17 of the Chronically Sick and Disabled Persons Act 1970 (separation of younger from older patients) is amended as follows. \n2) In subsection (1) for  “The Secretary of State” substitute  “The Welsh Ministers”. \n3) In subsection (2) (as substituted by the National Health Service Reorganisation Act 1973)— \n\ta) for  “The Secretary of State” substitute  “The Welsh Ministers”, \n\tb) for  “each House of Parliament” substitute  “the National Assembly for Wales”, \n\tc) for  “as he considers” substitute  “as they consider”, and \n\td) for  “in him” substitute  “in them”. *Local Government Act 1972 (c. 70)*\n\n17) In section 113 of the Local Government Act 1972 (placing of staff of local authorities at disposal of certain persons)— \n\ta) in subsection (1A)— \n\t\ti) after  “with” insert  “the Secretary of State, the National Health Service Commissioning Board,”, \n\t\tii) after  “Local Health Board,” (in each place where it occurs) insert  “clinical commissioning group,”, \n\t\tiii) omit  “Primary Care Trust,” (in each place where it occurs), \n\t\tiv) in paragraph (a), after  “disposal of” insert  “the Secretary of State, the National Health Service Commissioning Board,”, and \n\t\tv) in paragraph (b), after  “employed by” insert  “the Secretary of State, the National Health Service Commissioning Board,”, and \n\tb) in subsection (4)— \n\t\ti) after  “above”, insert  ““Secretary of State” means the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006,”, \n\t\tii) before  ““NHS trust”” insert  ““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006, and”, and \n\t\tiii) omit the words from  “and  “Primary Care Trust”” to the end. *Local Government Act 1974 (c. 7)*\n\n18) In section 26 of the Local Government Act 1974 (matters subject to investigation by Local Commissioner), in subsection (1), after paragraph (c) insert— \n\td) an alleged or apparent failure in a service provided by the authority in pursuance of arrangements under section 7A of the National Health Service Act 2006; \n\te) an alleged or apparent failure to provide a service in pursuance of such arrangements. *Health and Safety at Work etc. Act 1974 (c. 37)*\n\n19) \n1) Section 60 of the Health and Safety at Work etc. Act 1974 (supplementary provision about the Employment Medical Advisory Service) is amended as follows. \n2) In subsection (1) for  “each Primary Care Trust and Local Health Board” substitute  “the National Health Service Commissioning Board or each clinical commissioning group (in relation to England) and each Local Health Board (in relation to Wales)”. \n3) In subsection (2)— \n\ta) omit  “for one of their”, and \n\tb) for ““each” to  “its”” substitute ““the National” to  “arranges””. *House of Commons Disqualification Act 1975 (c. 24)*\n\n20) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership of the House)— \n\ta) omit the entry relating to the chairman or any member of a Primary Care Trust, \n\tb) in the entry relating to the chairman or any member of any Strategic Health Authority or Special Health Authority, omit  “Strategic Health Authority, or”, and \n\tc) at the appropriate place insert— “\n                    Chairman or non-executive member of the National Health Service Commissioning Board.\n           ” *Acquisition of Land Act 1981 (c. 67)*\n\n21) The Acquisition of Land Act 1981 is amended as follows. \n22) In section 16 (land excluded from compulsory purchase), in subsection (3)— \n\ta) after paragraph (a) insert— \n\t\taa) the National Health Service Commissioning Board; \n\t\tab) a clinical commissioning group established under section 14D of the National Health Service Act 2006;”, and \n\tb) omit paragraph (c). \n23) In section 17 (special parliamentary procedure applying to compulsory purchase orders concerning certain land), in subsection (4) in the definition of  “statutory undertakers”— \n\ta) omit paragraph (ad), and \n\tb) before paragraph (b) insert— \n\t\tae) the National Health Service Commissioning Board, \n\t\taf) a clinical commissioning group established under section 14D of the National Health Service Act 2006, . *Mental Health Act 1983 (c. 20)*\n\n24) The Mental Health Act 1983 is amended as follows. \n25) In section 19 (regulations as to transfers of patients), in subsection (3)— \n\ta) for  “NHS foundation trust,”, in each place it appears, substitute  “NHS foundation trust or”, and \n\tb) omit  “or Primary Care Trust” in each place it appears. \n26) In section 23 (discharge of patients), in subsection (5)(a)— \n\ta) for  “, Special Health Authority”, in each place it appears, substitute  “or Special Health Authority”, \n\tb) omit  “or Primary Care Trust” in each place it appears, and \n\tc) omit  “, trust” in each place it appears. \n27) In section 32 (regulations for purposes of Part 2 of that Act), in subsection (3), omit  “, Primary Care Trusts”. \n28) \n1) Section 39 (power of court to request information from hospitals) is amended as follows. \n2) In subsection (1)— \n\ta) omit  “Primary Care Trust or” in each place it appears, \n\tb) in paragraph (a), after the first  “the” insert  “clinical commissioning group or”, \n\tc) in paragraph (b), at the beginning insert  “the National Health Service Commissioning Board or”, \n\td) in that paragraph, after  “or any other” insert  “clinical commissioning group or”, \n\te) after  “such information as that” insert  “clinical commissioning group or”, \n\tf) after  “Local Health Board or”, in each place it appears, insert  “the National Health Service Commissioning Board or the”, and \n\tg) after  “order, and that” insert  “clinical commissioning group or”. \n3) After subsection (1) insert— \n1ZA) A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges. \n4) In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002. \n29) In section 134 (patients' correspondence), in subsection (3)(e)— \n\ta) at the beginning insert  “the National Health Service Commissioning Board, a clinical commissioning group,”, \n\tb) omit  “Strategic Health Authority,”, \n\tc) for  “, Special Health Authority” substitute  “or Special Health Authority”, and \n\td) omit  “or Primary Care Trust”. \n30) In section 139 (protection for acts done in pursuance of that Act), in subsection (4)— \n\ta) after  “the Secretary of State or against” insert  “the National Health Service Commissioning Board, a clinical commissioning group,”, \n\tb) omit  “Strategic Health Authority,”, \n\tc) for  “, Special Health Authority” substitute  “or Special Health Authority”, and \n\td) omit  “or Primary Care Trust”. \n31) \n1) In section 145 (interpretation), in subsection (1)— \n\ta) in the definition of  “the managers”, in paragraph (a)— \n\t\ti) after  “the National Health Service (Wales) Act 2006,” (in the second place where it occurs) insert  “the Secretary of State where the Secretary is responsible for the administration of the hospital or”, \n\t\tii) omit  “Primary Care Trust,”, and \n\t\tiii) omit  “Strategic Health Authority,”, \n\tb) in paragraph (bb) of that definition, omit  “a Primary Care Trust or”, \n\tc) omit the definition of  “Primary Care Trust”, and \n\td) omit the definition of  “Strategic Health Authority”. \n2) In consequence of the repeals made by sub-paragraph (1)— \n\ta) omit paragraph 49 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002, and \n\tb) omit paragraph 70(e) and (g) of Schedule 1 to the National Health Service (Consequential Provisions) Act 2006. *Public Health (Control of Disease) Act 1984 (c. 22)*\n\n32) In section 13 of the Public Health (Control of Disease) Act 1984 (regulations for control of certain diseases), in subsection (4)(a)— \n\ta) omit  “Strategic Health Authorities,”, and \n\tb) omit  “, Primary Care Trusts”. *Dentists Act 1984 (c. 24)*\n\n33) The Dentists Act 1984 is amended as follows. \n34) In section 26B (guidance for dentists), in subsection (8) omit paragraph (a). \n35) In section 36M (guidance for dental care professionals), in subsection (8) omit paragraph (a). \n36) In section 40 (definition of  “business of dentistry”), in subsection (2)(aa)— \n\ta) omit  “under section 92 of the National Health Service Act 2006 or”, \n\tb) after  “section 100” insert  “of the National Health Service Act 2006 or an agreement under section 107”, \n\tc) omit  “under section 50 of the National Health Service (Wales) Act 2006 or”, and \n\td) after  “section 57” insert  “of the National Health Service (Wales) Act 2006 or an agreement under section 64”. \n37) In section 50D (rules: consultation), in subsection (4) omit paragraph (a). *Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)*\n\n38) The Disabled Persons (Services, Consultation and Representation) Act 1986 is amended as follows. \n39) In section 2 (rights of authorised representatives of disabled persons)— \n\ta) in subsection (5) in paragraph (a)— \n\t\ti) after  “hospital accommodation” (in the first place it occurs) insert  “provided pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”, \n\t\tii) for  “the Secretary of State under section (3)(1)(a)” substitute  “the Secretary of State under section 2A or 2B”, and \n\t\tiii) omit  “by a Primary Care Trust established under that Act,”, \n\tb) in subsection (7) in paragraph (a), after  “provision of services” insert  “, or the arrangement for the provision of services,”, and \n\tc) in subsection (9) in the definition of  “health authority”, in paragraph (a)— \n\t\ti) after  “means” insert  “the National Health Service Commissioning Board, a clinical commissioning group or”, \n\t\tii) omit  “a Strategic Health Authority,”, and \n\t\tiii) omit  “or a Primary Care Trust”. \n40) In section 7 (persons discharged from hospital), in subsection (9)— \n\ta) in the definition of  “health authority”, in paragraph (a) for  “a Primary Care Trust” substitute  “a clinical commissioning group”, and \n\tb) in the definition of  “the managers”— \n\t\ti) in paragraph (a)(i) for  “, an NHS foundation trust or a Primary Care Trust” substitute  “or an NHS foundation trust”, \n\t\tii) in the words following paragraph (a)(iii) after  “means the” insert  “Secretary of State where the Secretary of State is responsible for the administration of the hospital, or means the”, \n\t\tiii) in those words omit  “Strategic Health Authority,”, and \n\t\tiv) omit paragraph (bb). \n41) In section 11 (reports to Parliament)— \n\ta) in subsection (1ZA) omit  “subsection (1ZB) extends to England and Wales only and”, and \n\tb) omit subsection (1ZB). \n42) In section 16 (interpretation), in subsection (1)— \n\ta) omit the definition of  “Primary Care Trust”, and \n\tb) omit the definition of  “Strategic Health Authority”. *Dartford-Thurrock Crossing Act 1988 (c. 20)*\n\n43) In section 19 of the Dartford-Thurrock Crossing Act 1988 (exemption from tolls), in paragraph (b)— \n\ta) omit  “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, \n\tb) for  “that Act” substitute  “the National Health Service Act 2006”, and \n\tc) omit  “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”. *Copyright, Designs and Patents Act 1988 (c. 48)*\n\n44) In section 48 of the Copyright, Designs and Patents Act 1988 (material communicated to the Crown in the course of public business), in subsection (6)— \n\ta) after  “the National Health Service and Community Care Act 1990,” insert  “the National Health Service Commissioning Board, a clinical commissioning group established under section 14D of the National Health Service Act 2006,”, and \n\tb) omit  “a Primary Care Trust established under section 18 of the National Health Service Act 2006,”. *Health and Medicines Act 1988 (c. 49)*\n\n45) In section 7 of the Health and Medicines Act 1988 (extension of powers for financing health service), in subsection (3)(i) omit the words from the second  “the” to  “trust, or”. *Road Traffic Act 1988 (c. 52)*\n\n46) In section 144 of the Road Traffic Act 1988 (exception to requirement for third party insurance), in subsection (2)(da) omit  “by a Primary Care Trust established under section 18 of the National Health Service Act 2006”. *Children Act 1989 (c. 41)*\n\n47) The Children Act 1989 is amended as follows. \n48) In section 21 (provision of accommodation for children in police protection etc), in subsection (3)— \n\ta) for  “Secretary of State,” substitute  “Secretary of State or”, \n\tb) omit  “or a Primary Care Trust” (in each place where it occurs), and \n\tc) after  “arrangements made by” insert  “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”. \n49) In section 24 (persons qualifying for advice and assistance), in subsection (2)— \n\ta) in paragraph (d), in sub-paragraph (i) omit  “or Primary Care Trust”, and \n\tb) in that paragraph, in sub-paragraph (ii) after  “provided” insert  “pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or”. \n50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n51) In section 27 (co-operation between authorities), in subsection (3)— \n\ta) after paragraph (c) insert— \n\t\tca) the National Health Service Commissioning Board;”, and \n\tb) in paragraph (d)— \n\t\ti) after  “any” insert  “clinical commissioning group,”, and \n\t\tii) omit  “, Primary Care Trust”. \n52) In section 29 (recoupment of cost of providing services), in subsection (8) in paragraph (c)— \n\ta) for  “Secretary of State,” substitute  “Secretary of State or”, \n\tb) omit  “or a Primary Care Trust” (in both places where it occurs), \n\tc) after  “arrangements made by” insert  “the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 or by”, and \n\td) omit  “a Strategic Health Authority,”. \n53) In section 47 (local authority's duty to investigate), in subsection (11)— \n\ta) after paragraph (c) insert— \n\t\tca) the National Health Service Commissioning Board;”, and \n\tb) in paragraph (d)— \n\t\ti) after  “any” insert  “clinical commissioning group,”, and \n\t\tii) omit  “, Primary Care Trust”. \n54) In section 80 (inspection of children's homes)— \n\ta) in subsection (1), in paragraph (d) — \n\t\ti) omit  “, Primary Care Trust”, and \n\t\tii) after  “NHS foundation trust” insert  “or pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006”, \n\tb) in subsection (5), in paragraph (e) omit  “Primary Care Trust,”, and \n\tc) after that paragraph insert— \n\t\tea) person providing accommodation for a child pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006; . \n55) In section 85 (children accommodated by health authorities)— \n\ta) in subsection (1) omit  “Primary Care Trust,”, and \n\tb) after subsection (2) insert— \n\t2ZA) Where a child is provided with accommodation— \n\t\ta) by a body which is not mentioned in subsection (1), and \n\t\tb) pursuant to arrangements made by the Secretary of State, the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006, subsections (1) and (2) apply in relation to the Secretary of State, the Board or (as the case may be) the clinical commissioning group as if it were the accommodating authority. \n56) \n1) Section 105 (interpretation) is amended as follows. \n2) In subsection (1)— \n\ta) before the definition of  “community home” insert— “clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006; , \n\tb) omit the definition of  “Primary Care Trust”, and \n\tc) omit the definition of  “Strategic Health Authority”. \n3) After subsection (7) insert— \n7A) References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act). \n7B) References in this Act to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under the National Health Service Act 2006 include references to arrangements so made by virtue of section 7A of that Act. *Local Government and Housing Act 1989 (c. 42)*\n\n57) In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6), after paragraph (za) insert— \n\tzb) the director of public health appointed under section 73A(1) of the National Health Service Act 2006; . *National Health Service and Community Care Act 1990 (c. 19)*\n\n58) The National Health Service and Community Care Act 1990 is amended as follows. \n59) In section 47 (assessment of needs for community care services), in subsection (3)— \n\ta) before paragraph (a) insert— \n\t\tza) that there may be a need for the provision to that person, pursuant to arrangements made under the National Health Service Act 2006 by such clinical commissioning group as may be determined in accordance with regulations, of any services (including services that may be provided pursuant to such arrangements by virtue of section 7A of that Act), , \n\tb) in paragraph (a), omit  “Primary Care Trust or”, \n\tc) in that paragraph omit  “the National Health Service Act 2006 or”, \n\td) in the text following paragraph (b), omit  “Primary Care Trust,” (in both places where it occurs), and \n\te) in that text, before  “Health Authority” (in both places it occurs) insert  “clinical commissioning group,”. \n60) In section 49 (transfer of staff to local authorities), in subsection (4)(b)— \n\ta) omit  “Strategic Health Authority,”, and \n\tb) omit  “Primary Care Trust,”. \n61) In section 60 (removal of crown immunities), in subsection (7)— \n\ta) in paragraph (a) omit the words from  “a Strategic” to  “2006 or”, and \n\tb) in paragraph (aa) for  “that Act” substitute  “the National Health Service Act 2006”. *Access to Health Records Act 1990 (c. 23)*\n\n62) The Access to Health Records Act 1990 is amended as follows. \n63) In section 1, in subsection (2) (meaning of  “holder” in relation to a health record)— \n\ta) in paragraph (a)— \n\t\ti) for  “a Primary Care Trust or” substitute  “the National Health Service Commissioning Board or a”, and \n\t\tii) omit  “Trust or”, and \n\tb) in paragraph (aa)— \n\t\ti) for  “a Primary Care Trust, Strategic Health Authority or” substitute  “the National Health Service Commissioning Board or a”, and \n\t\tii) omit  “Trust, Authority or”. \n64) In section 11 (interpretation)— \n\ta) in the definition of  “health service body”, in paragraph (a)— \n\t\ti) omit  “Strategic Health Authority,”, \n\t\tii) for  “, Local” substitute  “or Local”, and \n\t\tiii) omit  “or Primary Care Trust”, \n\tb) omit the definition of  “Primary Care Trust”, and \n\tc) omit the definition of  “Strategic Health Authority”. *London Local Authorities Act 1991 (c. xiii)*\n\n65) In section 4 of the London Local Authorities Act 1991 (interpretation) in the definition of  “establishment for special treatment”, in paragraph (d) for  “by a Primary Care Trust established under section 18 of the National Health Service Act 2006” substitute  “by any person in pursuance of arrangements made by the National Health Service Commissioning Board or by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act)”. *Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)*\n\n66) In section 279 of the Trade Union and Labour Relations (Consolidation) Act 1992 (health service practitioners)— \n\ta) in subsection (1), in paragraph (a) for  “a Primary Care Trust” substitute  “the National Health Service Commissioning Board”, \n\tb) in that paragraph, after  “or” (in the first place it occurs) insert  “a”, \n\tc) in the words after paragraph (b) in that subsection, omit  “authority or”, \n\td) in subsection (2), in paragraph (a) for  “a Primary Care Trust, Strategic Health Authority or” substitute  “the National Health Service Commissioning Board or a”, \n\te) in paragraph (b) of that subsection, for  “a Primary Care Trust or” substitute  “the National Health Service Commissioning Board or a”, \n\tf) in that paragraph, for  “entered into by him with a Primary Care Trust” substitute  “entered into by him with the National Health Service Commissioning Board”, and \n\tg) in the words after that paragraph, omit  “Trust, Authority or.” *Health Service Commissioners Act 1993 (c. 46)*\n\n67) The Health Service Commissioners Act 1993 is amended as follows. \n68) In section 2 (health service bodies subject to investigation), in subsection (1)— \n\ta) omit paragraph (a), \n\tb) omit paragraph (da), and \n\tc) after paragraph (db) insert— \n\t\tdc) the National Health Service Commissioning Board, \n\t\tdd) clinical commissioning groups. \n69) In section 2A (health service providers subject to investigation), in subsection (1)(a) for  “a Primary Care Trust” substitute  “the National Health Service Commissioning Board”. \n70) \n1) Section 14 (reports etc. by the Commissioner) is amended as follows. \n2) In subsection (1)— \n\ta) at the end of paragraph (c) insert  “and”, and \n\tb) omit paragraph (e) and the preceding  “and”. \n3) In subsection (2A)— \n\ta) at the end of paragraph (d) insert  “and”, and \n\tb) omit paragraph (f) and the preceding  “and”. \n4) In subsection (2C)— \n\ta) at the end of paragraph (d) insert  “and”, and \n\tb) omit paragraph (f) and the preceding  “and”. \n5) Omit subsection (2E)(e). \n6) In subsection (2G)— \n\ta) at the end of paragraph (c) insert  “and”, and \n\tb) omit paragraph (e) and the preceding  “and”. *Health Authorities Act 1995 (c. 17)*\n\n71) In Schedule 2 to the Health Authorities Act 1995 (property, rights and liabilities), in paragraph 2— \n\ta) in sub-paragraphs (1), (2), (6) and (7) omit  “Primary Care Trust,”, and \n\tb) in sub-paragraphs (1), (2), (6) and (7) omit  “Strategic Health Authority,”. *Employment Rights Act 1996 (c. 18)*\n\n72) The Employment Rights Act 1996 is amended as follows. \n73) In section 43K (extension of meaning of  “worker” etc for Part 4A)— \n\ta) in subsection (1)(ba) for  “a Primary Care Trust” (in each place where it occurs) substitute  “the National Health Service Commissioning Board”, \n\tb) in subsection (1)(c)(i) for  “a Primary Care Trust” substitute  “the National Health Service Commissioning Board”, and \n\tc) in subsection (2)(aa) for  “the Primary Care Trust or” substitute  “the National Health Service Commissioning Board, or the”. \n74) In section 50 (right to time off for public duties), in subsection (8)— \n\ta) before paragraph (a) insert— \n\t\tza) the National Health Service Commissioning Board, \n\t\tzb) a clinical commissioning group established under section 14D of the National Health Service Act 2006,” and \n\tb) in paragraph (b)— \n\t\ti) omit  “a Strategic Health Authority established under section 13 of the National Health Service Act 2006,”, and \n\t\tii) omit  “or a Primary Care Trust established under section 18 of the National Health Service Act 2006,”. \n75) In section 218 (change of employer), in subsection (10)— \n\ta) before paragraph (a) insert— \n\t\tza) the National Health Service Commissioning Board, \n\t\tzb) a clinical commissioning group established under section 14D of the National Health Service Act 2006, \n\tb) omit paragraph (a), \n\tc) in paragraph (b) for  “that Act” substitute  “the National Health Service Act 2006”, \n\td) omit paragraph (bb), and \n\te) in paragraph (c) for  “that Act” substitute  “the National Health Service Act 2006”. *Housing Grants, Construction and Regeneration Act 1996 (c. 53)*\n\n76) In section 3 of the Housing Grants, Construction and Regeneration Act 1996, in subsection (2)(f) (persons ineligible for grants)— \n\ta) at the beginning insert  “the National Health Service Commissioning Board, a clinical commissioning group,”, \n\tb) omit  “a Strategic Health Authority,”, and \n\tc) omit  “, Primary Care Trust”. *Education Act 1996 (c. 56)*\n\n77) The Education Act 1996 is amended as follows. \n78) \n1) Section 322 (duty of certain bodies to help local authorities) is amended as follows. \n2) In subsection (1)— \n\ta) after  “another local authority,” insert  “the National Health Service Commissioning Board, a clinical commissioning group or”, \n\tb) omit  “or a Primary Care Trust”, and \n\tc) for  “the board, authority or trust” substitute  “that body”. \n3) In subsection (2), for  “An authority, a board or a trust” substitute  “A body”. \n4) In subsection (3), in paragraph (a)— \n\ta) after  “request is made of” insert  “the National Health Service Commissioning Board, a clinical commissioning group or”, \n\tb) omit  “or Primary Care Trust”, and \n\tc) for  “that board or trust” substitute  “that body”. \n5) In subsection (4)— \n\ta) for  “an authority, a board” substitute  “a local authority, the National Health Service Commissioning Board, a clinical commissioning group or a Local Health Board”, and \n\tb) omit  “or a trust”. \n79) \n1) Section 332 (duty of certain NHS bodies to notify parent) is amended as follows. \n2) In subsection (1)— \n\ta) after  “where” insert  “a clinical commissioning group,” and \n\tb) omit  “a Primary Care Trust,”. \n3) In subsection (2) for  “trust” (in each place where it occurs) substitute  “other body”. \n4) In subsection (3) for  “trust” substitute  “other body”. \n80) In section 579 (general interpretation), in subsection (1) in the definition of  “school buildings” in paragraph (c) for the words from  “for enabling” to  “functions” substitute  “for the carrying out of functions”. *Audit Commission Act 1998 (c. 18)*\n\n81) In section 33 of the Audit Commission Act 1998, in subsection (8) (bodies not subject to certain Commission studies)— \n\ta) omit paragraph (a), and \n\tb) omit paragraph (b). *Data Protection Act 1998 (c. 29)*\n\n82) In section 69 of the Data Protection Act 1998 (meaning of  “health professional”)— \n\ta) in subsection (1), in paragraph (k) for  “such a body” substitute  “a health service body”, \n\tb) in subsection (3), omit paragraph (a), \n\tc) in that subsection, before paragraph (b) insert— \n\t\taa) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, \n\t\tab) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, that Act, , and \n\td) in that subsection, omit paragraph (bb). *Crime and Disorder Act 1998 (c. 37)*\n\n83) The Crime and Disorder Act 1998 is amended as follows. \n84) In section 5 (authorities responsible for crime and disorder strategies), in subsection (1)(e) for  “Primary Care Trust” substitute  “clinical commissioning group”. \n85) In section 38 (local provision of youth justice services), in subsection (2)(b)— \n\ta) after  “local probation board” insert  “, clinical commissioning group or”, and \n\tb) omit  “, Strategic Health Authority,”, and \n\tc) omit  “or Primary Care Trust”. \n86) In section 39 (Youth Offending Teams), in subsection (3)(b)— \n\ta) after  “local probation board” insert  “, clinical commissioning group or”, \n\tb) omit  “, Strategic Health Authority,”, and \n\tc) omit  “or Primary Care Trust”. \n87) In that section, in subsection (5)(d)— \n\ta) after  “nominated by” insert  “a clinical commissioning group or”, and \n\tb) omit  “a Primary Care Trust or”. \n88) In section 41 (the Youth Justice Board), in subsection (10)— \n\ta) after  “provider of probation services,” insert  “a clinical commissioning group,”, \n\tb) for  “, a Strategic Health Authority,” substitute  “and”, and \n\tc) omit  “and a Primary Care Trust”. \n89) In section 42 (supplementary provisions), in subsection (3)— \n\ta) after  “provider of probation services,” insert  “a clinical commissioning group,”, \n\tb) for  “, a Strategic Health Authority,” substitute  “or”, and \n\tc) omit  “or a Primary Care Trust”. \n90) In section 115, in subsection (2) (disclosure of information to relevant authorities)— \n\ta) omit paragraph (ea), \n\tb) after paragraph (f) insert— \n\t\tfa) the National Health Service Commissioning Board; \n\t\tfb) a clinical commissioning group; , and \n\tc) omit paragraph (g). *Health Act 1999 (c. 8)*\n\n91) The Health Act 1999 is amended as follows. \n92) In section 61 (English and Scottish border provisions)— \n\ta) in subsection (2)— \n\t\ti) after  “Secretary of State” insert  “, the National Health Service Commissioning Board”, \n\t\tii) after  “any” insert  “clinical commissioning group”, \n\t\tiii) omit  “Strategic Health Authority”, and \n\t\tiv) omit  “or Primary Care Trust”, and \n\tb) in subsection (5)— \n\t\ti) after  “any” insert  “clinical commissioning group”, and \n\t\tii) omit  “Primary Care Trust”. \n93) In Schedule 4 (amendments relating to Primary Care Trusts)— \n\ta) omit paragraphs 1, 74, and 86, and the cross-heading preceding each paragraph, and \n\tb) omit paragraphs 3(c), 82 and 85(2). *Greater London Authority Act 1999 (c. 29)*\n\n94) In section 309E of the Greater London Authority Act 1999, in subsection (5) (bodies to be included among relevant bodies for purposes of Mayor of London's health inequalities strategy)— \n\ta) omit paragraph (f), \n\tb) omit paragraph (g), and \n\tc) before paragraph (h) insert— \n\t\tga) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, \n\t\tgb) the National Health Service Commissioning Board, \n\t\tgc) any clinical commissioning group (established under section 14D of the National Health Service Act 2006) for an area wholly or partly in Greater London, . *Care Standards Act 2000 (c. 14)*\n\n95) In section 121 of the Care Standards Act 2000 (interpretation), in subsection (1) in the definition of  “National Health Service body”— \n\ta) omit  “a Strategic Health Authority,”, and \n\tb) omit  “, a Primary Care Trust”. *Government Resources and Accounts Act 2000 (c. 20)*\n\n96) \n1) Section 14 of the Government Resources and Accounts Act 2000 (summarised accounts) is amended as follows. \n2) In subsection (1) omit  “paragraph 7 of Schedule 15 to the National Health Service Act 2006 or”. \n3) Omit subsection (3). \n4) In subsection (4) for  “that subsection” substitute  “subsection (1)”. *Local Government Act 2000 (c. 22)*\n\n97) In section 21C of the Local Government Act 2000 (reports and recommendations of overview and scrutiny committees: duties of certain bodies), in subsection (6)— \n\ta) before paragraph (b) insert— \n\t\taa) the National Health Service Commissioning Board, \n\t\tab) a clinical commissioning group, or , and \n\tb) omit paragraph (c) and the preceding  “or”. *Regulation of Investigatory Powers Act 2000 (c. 23)*\n\n98) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *>Freedom of Information Act 2000 (c. 36)*\n\n99) In Part 3 of Schedule 1 to the Freedom of Information Act 2000 (NHS in England and Wales)— \n\ta) omit paragraph 36A, \n\tb) before paragraph 38 insert— \n\t37A) The National Health Service Commissioning Board. \n\t37B) A clinical commissioning group established under section 14D of the National Health Service Act 2006. , and \n\tc) omit paragraph 39. *International Development Act 2002 (c. 1)*\n\n100) In Schedule 1 to the International Development Act 2002 (statutory bodies with powers under section 9 of that Act)— \n\ta) before the entry for a Health Board insert— “\n                    the National Health Service Commissioning Board a clinical commissioning group\n           ” , \n\tb) omit the entry for a Primary Care Trust, and \n\tc) omit the entry for a Strategic Health Authority. *National Health Service Reform and Health Care Professions Act 2002 (c. 17)*\n\n101) The National Health Service Reform and Health Care Professions Act 2002 is amended as follows. \n102) Omit Schedule 1 (English health authorities: change of name to Strategic Health Authorities). \n103) Omit Schedule 2 (consequential amendments concerning the reallocation of functions to Primary Care Trusts). *Adoption and Children Act 2002 (c. 38)*\n\n104) The Adoption and Children Act 2002 is amended as follows. \n105) In section 4 (assessments etc for adoption support services), in subsection (9)— \n\ta) before paragraph (a) insert— \n\t\tza) there may be a need for the provision to that person of services that may be provided pursuant to arrangements made by a clinical commissioning group under the National Health Service Act 2006 (including by virtue of section 7A of that Act), , \n\tb) in paragraph (a) omit  “a Primary Care Trust”, and \n\tc) in the text following paragraph (b)— \n\t\ti) after  “notify that” insert  “clinical commissioning group,”, and \n\t\tii) omit  “Primary Care Trust,”. \n106) In section 8 (bodies which cannot be adoption support agencies), in subsection (2)— \n\ta) before paragraph (d) insert— \n\t\tca) the National Health Service Commissioning Board,”, and \n\tb) in paragraph (d)— \n\t\ti) omit  “, Primary Care Trust”, and \n\t\tii) before  “(in Wales,” insert  “, clinical commissioning group”. *Nationality, Immigration and Asylum Act 2002 (c. 41)*\n\n107) In section 133(4) of the Nationality, Immigration and Asylum Act 2002 (power of medical inspector to disclose information to health service bodies), in paragraph (a)— \n\ta) omit sub-paragraph (i), \n\tb) before sub-paragraph (ii) insert— \n\t\t\tia) the National Health Service Commissioning Board, \n\t\t\tib) a clinical commissioning group established under section 14D of the National Health Service Act 2006, \n\t\t\tic) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B or 13 of Schedule 1 to, the National Health Service Act 2006, , and \n\tc) omit sub-paragraph (iii). *Community Care (Delayed Discharges etc.) Act 2003 (c. 5)*\n\n108) The Community Care (Delayed Discharges etc.) Act 2003 is amended as follows. \n109) In section 1 (meaning of  “NHS body” and  “qualifying hospital patient”) in subsection (1), in the definition of  “NHS body” in paragraph (b) omit  “a Primary Care Trust (in England) or”. \n110) In section 9 (dispute resolution)— \n\ta) in subsection (1) omit  “by Strategic Health Authorities in England and”, \n\tb) at the end of that subsection insert  “in relation to Wales”, \n\tc) in subsection (2) omit — \n\t\ti) “Strategic Health Authority or”, and \n\t\tii) “Authority or”, \n\td) in subsection (3)— \n\t\ti) for  “the appropriate Minister considers” substitute  “the Welsh Ministers consider”, \n\t\tii) omit  “a Strategic Health Authority or”, and \n\t\tiii) omit  “Authority or”, and \n\te) in subsection (4)(a) omit  “Strategic Health Authority or”. *Licensing Act 2003 (c. 17)*\n\n111) The Licensing Act 2003 is amended as follows. \n112) In section 5(3) (statement of licensing policy)— \n\ta) in paragraph (ba) omit  “Primary Care Trust or”, and \n\tb) after that paragraph insert— \n\t\tbb) each local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the licensing authority's area, . \n113) In section 13(4) (authorised persons, interested parties and responsible authorities)— \n\ta) in paragraph (ba) omit  “Primary Care Trust or”, and \n\tb) after that paragraph insert— \n\t\tbb) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated, . \n114) In section 16 (applicant for premises licence), in subsection (3), in the definition of  “health service body” omit paragraph (b). \n115) In section 69(4) (authorised persons, interested parties and responsible authorities)— \n\ta) in paragraph (ba) omit  “Primary Care Trust or”, and \n\tb) after that paragraph insert— \n\t\tbb) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of any area in which the premises are situated, . \n116) In section 172B(4) (procedural requirements for early morning alcohol restriction order)— \n\ta) in paragraph (d) omit  “Primary Care Trust or”, and \n\tb) after that paragraph insert— \n\t\tda) the local authority in England whose public health functions within the meaning of the National Health Service Act 2006 are exercisable in respect of an area any part of which is in the area specified in the order, . *Sexual Offences Act 2003 (c. 42)*\n\n117) In section 42 of the Sexual Offences Act 2003 (care workers: interpretation) in subsection (5), in the definition of  “National Health Service body”— \n\ta) after paragraph (b) insert— \n\t\tba) the Secretary of State in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, \n\t\tbb) a local authority in relation to the exercise of functions under section 2B or 111 of, or any of paragraphs 1 to 7B, or 13 of Schedule 1 to, the National Health Service Act 2006, , and \n\tb) omit paragraph (c). *Health and Social Care (Community Health and Standards) Act 2003 (c. 43)*\n\n118) The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows. \n119) In section 71 (reporting to Secretary of State and regulator)— \n\ta) in subsection (2), after  “special measures” insert  “or request another person to take special measures”, and \n\tb) omit subsections (3) and (4). \n120) In section 113 (complaints about health care), in subsection (1), after paragraph (c) insert— \n\td) anything done by the National Health Service Commissioning Board or a clinical commissioning group in pursuance of arrangements made under section 7A of the National Health Service Act 2006. \n121) In section 148 (interpretation of Part 2), in the definition of  “English NHS body”— \n\ta) omit paragraph (a), \n\tb) omit paragraph (b), and \n\tc) before paragraph (d) insert— \n\t\tca) the National Health Service Commissioning Board; \n\t\tcb) a clinical commissioning group; . \n122) In section 160 (provision of information)— \n\ta) in subsection (1), after paragraph (g) insert— \n\t\th) if the injured person received NHS treatment pursuant to arrangements made by a clinical commissioning group under section 3 or 3A of the National Health Service Act 2006, the clinical commissioning group. , and \n\tb) in subsection (4), in the definition of  “responsible body” omit paragraph (a)(ii) and the word “or preceding it.'. \n123) In section 165 (power to apply provisions about recovery of charges to non-NHS hospitals), in subsection (3)(b)— \n\ta) omit sub-paragraph (i), and \n\tb) before sub-paragraph (ii) insert— \n\t\t\tia) the National Health Service Commissioning Board, \n\t\t\tib) a clinical commissioning group, . *Criminal Justice Act 2003 (c. 44)*\n\n124) In section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc risks posed by certain offenders)— \n\ta) after subsection (6)(b) insert— \n\t\tba) the National Health Service Commissioning Board, , \n\tb) after subsection (6)(d) insert— \n\t\tda) every local authority (in its capacity as a person exercising functions for the purposes of the health service) any part of whose area falls within the relevant area, , \n\tc) in subsection (6)(f) omit  “or Strategic Health Authority”, and \n\td) in subsection (6)(g)— \n\t\ti) after  “every” insert  “clinical commissioning group or”, and \n\t\tii) omit  “Primary Care Trust or”. *Carers (Equal Opportunities) Act 2004 (c. 15)*\n\n125) \n1) Section 3 of the Carers (Equal Opportunities) Act 2004 (co-operation between authorities) is amended as follows. \n2) In subsection (2)(b) after  “by” (in the second place it occurs) insert  “or in pursuance of arrangements made by”. \n3) In subsection (3) after  “provide” insert  “or arrange for the provision of”. \n4) In subsection (5)— \n\ta) omit the  “and” at the end of paragraph (c) and insert— \n\t\tca) the Secretary of State, in relation to the exercise of functions under section 2A or 2B of, or paragraph 7C, 8 or 12 of Schedule 1 to, the National Health Service Act 2006, \n\t\tcb) the National Health Service Commissioning Board, and , and \n\tb) in paragraph (d)— \n\t\ti) after  “any” insert  “clinical commissioning group,”, and \n\t\tii) omit  “Primary Care Trust,”. *Domestic Violence, Crime and Victims Act 2004 (c. 28)*\n\n126) In section 9 of the Domestic Violence, Crime and Victims Act 2004 (establishment and conduct of domestic homicide reviews), in the list in subsection (4)(a)— \n\ta) after the entry for local probation boards insert— the National Health Service Commissioning Board; clinical commissioning groups established under section 14D of the National Health Service Act 2006; , \n\tb) omit the entry for Strategic Health Authorities, and \n\tc) omit the entry for Primary Care Trusts. *Children Act 2004 (c. 31)*\n\n127) The Children Act 2004 is amended as follows. \n128) In section 10 (co-operation to improve wellbeing), in subsection (4)— \n\ta) after paragraph (d) insert— \n\t\tda) the National Health Service Commissioning Board; , \n\tb) after paragraph (da) (as inserted by paragraph (a) above) insert— \n\t\tdb) any clinical commissioning group for an area any part of which falls within the area of the authority; , and \n\tc) omit paragraph (e). \n129) In section 11 (arrangements to safeguard and promote welfare), in subsection (1)— \n\ta) after paragraph (b) insert— \n\t\tba) the National Health Service Commissioning Board; \n\tb) after paragraph (ba) (as inserted by paragraph (a) above) insert— \n\t\tbb) a clinical commissioning group; , \n\tc) omit paragraph (c), and \n\td) omit paragraph (e). \n130) In section 12A (establishment of children's trust boards), after subsection (7) at the end insert  “otherwise than by virtue of section 10(4)(da) or (db)”. \n131) In section 13 (establishment of Local Safeguarding Children Boards), in subsection (3)— \n\ta) after paragraph (d) insert— \n\t\tda) the National Health Service Commissioning Board; , \n\tb) after paragraph (da) (as inserted by paragraph (a) above) insert— \n\t\tdb) any clinical commissioning group for an area any part of which falls within the area of the authority; , and \n\tc) omit paragraph (e). *Civil Contingencies Act 2004 (c. 36)*\n\n132) \n1) Schedule 1 to the Civil Contingencies Act 2004 (lists of Category 1 and 2 responders) is amended as follows. \n2) In Part 1 (which contains the general list of Category 1 responders)— \n\ta) after the cross-heading  “Health” insert— \n\t4A) The National Health Service Commissioning Board. , and \n\tb) omit paragraph 7. \n3) In Part 3 (which contains the general list of Category 2 responders)— \n\ta) after the cross-heading  “Health” insert— \n\t29ZA) A clinical commissioning group established under section 14D of the National Health Service Act 2006. , and \n\tb) omit paragraph 29A. *Mental Capacity Act 2005 (c. 9)*\n\n133) The Mental Capacity Act 2005 is amended as follows. \n134) In section 35 (appointment of independent mental capacity advocates)— \n\ta) in subsection (1), for  “appropriate authority” substitute  “responsible authority”, \n\tb) in subsection (4), for  “appropriate authority” substitute  “responsible authority”, and \n\tc) after subsection (6) insert— \n\t6A) In subsections (1) and (4),  “the responsible authority” means— \n\t\ta) in relation to the provision of the services of independent mental capacity advocates in the area of a local authority in England, that local authority, and \n\t\tb) in relation to the provision of the services of independent mental capacity advocates in Wales, the Welsh Ministers. \n\t6B) In subsection (6A)(a),  “local authority” has the meaning given in section 64(1) except that it does not include the council of a county or county borough in Wales. \n135) In section 64 (interpretation), in subsection (1) in the definition of  “local authority”, after  “except in” insert  “section 35(6A)(a) and”. \n136) \n1) Schedule A1 (hospital and care home residents: deprivation of liberty) is amended as follows. \n2) In paragraph 176 (meaning of  “managing authority”), in sub-paragraph (1)— \n\ta) in paragraph (a) omit  “Primary Care Trust,”, \n\tb) in that paragraph omit  “Strategic Health Authority,”, \n\tc) after that paragraph insert— \n\t\taa) in relation to England, if the hospital falls within paragraph (a)(i) or (ii) and no Special Health Authority has responsibility for its administration, the Secretary of State; , and \n\td) in paragraph (b) omit  “Primary Care Trust,”. \n3) In paragraph 180 (supervisory bodies: hospitals in England)— \n\ta) for sub-paragraph (2) substitute— \n\t2) If the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority. , \n\tb) in sub-paragraph (3), after  “If” insert  “the relevant person is not ordinarily resident in England and”, \n\tc) in sub-paragraph (4), for  “the Primary Care Trust” substitute  “the local authority”, \n\td) after sub-paragraph (4) insert— \n\t4A) Local authority” means— \n\t\ta) the council of a county; \n\t\tb) the council of a district for which there is no county council; \n\t\tc) the council of a London borough; \n\t\td) the Common Council of the City of London; \n\t\te) the Council of the Isles of Scilly. , and \n\te) in sub-paragraph (5), for  “Primary Care Trusts” substitute  “local authorities”. \n4) In paragraph 181 (supervisory bodies: hospitals in Wales), for sub-paragraph (3) substitute— \n3) But if the relevant person is ordinarily resident in the area of a local authority in England, the supervisory body are that local authority. \n4) “Local authority” means— \n\ta) the council of a county; \n\tb) the council of a district for which there is no county council; \n\tc) the council of a London borough; \n\td) the Common Council of the City of London; \n\te) the Council of the Isles of Scilly. \n5) Before paragraph 183 insert the following heading— “\n                    Supervisory bodies: determination of place of ordinary residence\n           ” . \n6) In that paragraph— \n\ta) in sub-paragraph (1), for  “paragraph” substitute  “paragraphs 180, 181 and”, and \n\tb) in sub-paragraph (2), after  “by virtue of sub-paragraph (1)” insert  “to any determination of where a person is ordinarily resident for the purposes of paragraph 182”. *Childcare Act 2006 (c. 21)*\n\n137) In section 4 of the Childcare Act 2006 (duty of local authority and relevant partners to work together), in subsection (1)— \n\ta) before paragraph (a) insert— \n\t\tza) the National Health Service Commissioning Board;”, and \n\tb) in paragraph (a)— \n\t\ti) at the beginning insert  “a clinical commissioning group”, \n\t\tii) omit  “a Strategic Health Authority”, and \n\t\tiii) omit  “or Primary Care Trust”. *Emergency Workers (Obstruction) Act 2006 (c. 39)*\n\n138) In section 1 of the Emergency Workers (Obstruction) Act 2006 (obstructing emergency workers)— \n\ta) in subsection (5), in paragraph (a)— \n\t\ti) after  “Wales,” insert  “the Secretary of State in the exercise of public health functions, a local authority in the exercise of public health functions, the National Health Service Commissioning Board, a clinical commissioning group,”, and \n\t\tii) omit  “, Primary Care Trust”, and \n\tb) after that subsection insert— \n\t6) In subsection (5)(a) above  “public health functions”— \n\t\ta) in relation to the Secretary of State, has the same meaning as in section 1H(5)(a) of the National Health Service Act 2006; \n\t\tb) in relation to a local authority, has the same meaning as in section 1H(5)(b) of that Act. *National Health Service (Consequential Provisions) Act 2006 (c. 43)*\n\n139) In Schedule 1 to the National Health Service (Consequential Provisions) Act 2006— \n\ta) omit paragraphs 2(b), 30 (and the cross-heading preceding it), 47(b), 54(b), 90(e), 112(a), 125(c), 141(a), 170(b), 179(b)(iv), 180(c), 211(d), 228(a), 233(c), 234(c), 271(c) and 294 (which make amendments relating to Primary Care Trusts), and \n\tb) omit paragraphs 90(g), 125(e), 131(c)(i), 179(b)(i), 180(a)(i), 211(a), 228(c), 233(a), 234(a) and 271(e) (which make amendments relating to Strategic Health Authorities). *NHS Redress Act 2006 (c. 44)*\n\n140) The NHS Redress Act 2006 is amended as follows. \n141) In section 1, in subsection (3)— \n\ta) after paragraph (a) insert— \n\t\taa) the National Health Service Commissioning Board, \n\t\tab) a clinical commissioning group, , \n\tb) omit paragraph (b), \n\tc) omit paragraph (c), and \n\td) in paragraph (d) for  “(b) or (c)” substitute  “(aa) or (ab)”. \n142) In section 18 (interpretation), in subsection (1) omit the definition of  “designated Strategic Health Authority”. *Safeguarding Vulnerable Groups Act 2006 (c. 47)*\n\n143) The Safeguarding Vulnerable Groups Act 2006 is amended as follows. \n144) In section 6 (regulated activity providers)— \n\ta) omit subsection (8D), and \n\tb) before subsection (9) insert— \n\t8E) The National Health Service Commissioning Board or a clinical commissioning group does not make arrangements for another to engage in a regulated activity by virtue of anything the Board or the clinical commissioning group does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services). \n145) In section 17 (NHS employment) in subsection (3)— \n\ta) before paragraph (a) insert— \n\t\tza) the National Health Service Commissioning Board; \n\t\tzb) a clinical commissioning group; , \n\tb) omit paragraph (b), and \n\tc) omit paragraph (f). \n146) In section 22 (controlled activity relating to vulnerable adults), in subsection (6) in the definition of  “hospital services” omit paragraph (d). *Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)*\n\n147) In section 6 of the Corporate Manslaughter and Corporate Homicide Act 2007 (emergencies), in subsection (7) in the definition of  “relevant NHS body”— \n\ta) before paragraph (a) insert— \n\t\tza) the National Health Service Commissioning Board;”, and \n\tb) in paragraph (a)— \n\t\ti) at the beginning insert  “a clinical commissioning group,” \n\t\tii) omit  “a Strategic Health Authority,”, and \n\t\tiii) omit  “Primary Care Trust,”. *Local Government and Public Involvement in Health Act 2007 (c. 28)*\n\n148) The Local Government and Public Involvement in Health Act 2007 is amended as follows. \n149) \n1) Section 222 (arrangements relating to local care services) is amended as follows. \n2) In subsection (3)— \n\ta) after paragraph (c) insert or \n\t\tca) a clinical commissioning group. , \n\tb) omit paragraph (d), and \n\tc) omit paragraph (e) and the preceding  “or”. \n3) After that subsection insert— \n3A) The arrangements must not be made with the National Health Service Commissioning Board. \n150) In section 224 (duties of services-providers to respond to local involvement networks)— \n\ta) for  “services-provider”, in each place it appears, substitute  “responsible person”, \n\tb) in subsection (2), before paragraph (a) insert— \n\t\tza) the National Health Service Commissioning Board; \n\t\tzb) a clinical commissioning group; , \n\tc) in that subsection, omit paragraph (c), and \n\td) in the title, for  “services-providers” substitute  “responsible persons”. \n151) In section 225 (duties of services-providers to allow entry by local involvement networks), in subsection (7), omit paragraph (c). \n152) In section 227 (annual reports), in subsection (4)(b)— \n\ta) omit  “each Primary Care Trust,”, \n\tb) omit  “and”, \n\tc) omit  “each Strategic Health Authority,”, and \n\td) omit the words from  “any” to the end. *Criminal Justice and Immigration Act 2008 (c. 4)*\n\n153) In section 119 of the Criminal Justice and Immigration Act 2008 (offence of causing nuisance or disturbance on NHS premises), in subsection (4) in the definition of  “relevant English NHS body”, omit paragraph (b). *Health and Social Care Act 2008 (c. 14)*\n\n154) The Health and Social Care Act 2008 is amended as follows. \n155) In section 30 (urgent procedure for cancellation), in subsection (3)— \n\ta) before paragraph (a) insert— \n\t\tza) in any case where regulations so provide, to the National Health Service Commissioning Board, , \n\tb) in paragraph (a)— \n\t\ti) at the beginning insert  “in any case where regulations so provide,”, \n\t\tii) after  “such” insert  “clinical commissioning group”, and \n\t\tiii) omit  “Primary Care Trust”, and \n\tc) omit paragraph (b). \n156) In section 39 (bodies required to be notified of certain matters), in subsection (1)— \n\ta) before paragraph (a) insert— \n\t\tza) in any case where regulations so provide, to the National Health Service Commissioning Board, , \n\tb) in paragraph (a)— \n\t\ti) at the beginning insert  “in any case where regulations so provide,”, \n\t\tii) after  “such” insert  “clinical commissioning group”, and \n\t\tiii) omit  “Primary Care Trust”, and \n\tc) omit paragraph (b). \n157) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n158) In section 48 (special reviews and investigations)— \n\ta) in subsection (2) after paragraph (b) (and before the  “or” immediately following it) insert— \n\t\tba) the exercise of the functions of the National Health Service Commissioning Board or a clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act 2006, , and \n\tb) in subsection (8) omit paragraph (a) and the word  “or” immediately following it. \n159) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n160) In section 54 (studies as to economy, efficiency etc)— \n\ta) omit subsection (2)(b), and \n\tb) in subsection (5) after  “reference to” insert  “the National Health Service Commissioning Board, a clinical commissioning group or”. \n161) In section 59 (additional functions) at the end insert— \n3) The references in subsection (1) to English NHS bodies do not include references to the National Health Service Commissioning Board or clinical commissioning groups. \n162) In section 64 (power to require documents and information), in subsection (2)(b)— \n\ta) after  “commissioned by” insert — \n\t\t\ti) the National Health Service Commissioning Board, \n\t\t\tii) a clinical commissioning group, or \n\t\t\tiii)  , and \n\tb) omit  “a Primary Care Trust”. \n163) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n164) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n165) In section 81 (publication of programme of reviews etc), in subsection (2) after paragraph (a) and before the  “and” immediately following it insert— \n\taa) the National Health Service Commissioning Board, . \n166) \n1) Section 97 (general interpretation of Part 1) is amended as follows. \n2) In subsection (1) in the definition of  “English NHS body”— \n\ta) omit paragraph (a), \n\tb) omit paragraph (b), and \n\tc) before paragraph (d) insert— \n\tca) the National Health Service Commissioning Board, \n\tcb) a clinical commissioning group, . \n3) In that subsection in the definition of  “English NHS provider” omit paragraph (a). \n4) In that subsection in the definition of  “NHS care”— \n\ta) after  “health care” insert — \n\ta) commissioned by the National Health Service Commissioning Board or by a clinical commissioning group (whether from an English NHS provider or not), or \n\tb)  , and \n\tb) omit from  “provided by” to the end. \n5) After subsection (2) insert— \n2A) Any reference in this Part to health care commissioned by the National Health Service Commissioning Board or by a clinical commissioning group is a reference to health care provided by other persons pursuant to arrangements made by the Board or a clinical commissioning group under the National Health Service Act 2006 (including arrangements so made by virtue of section 7A of that Act). \n6) Omit subsection (3). \n167) In section 153 (directions to certain NHS bodies) in subsection (1)— \n\ta) omit paragraph (a), and \n\tb) omit paragraph (b). *Education and Skills Act 2008 (c. 25)*\n\n168) The Education and Skills Act 2008 is amended as follows. \n169) In section 16 (supply of information by public bodies), in subsection (2)— \n\ta) omit paragraph (c), \n\tb) omit paragraph (d), and \n\tc) before paragraph (e) insert— \n\t\tda) a clinical commissioning group, . \n170) In section 77 (supply of information by public bodies), in subsection (2)— \n\ta) omit paragraph (c), \n\tb) omit paragraph (d), and \n\tc) before paragraph (e) insert— \n\t\tda) a clinical commissioning group, . *Autism Act 2009 (c. 15)*\n\n171) In section 4 of the Autism Act 2009 (interpretation), in subsection (1), in the definition of  “NHS body”— \n\ta) omit paragraph (a), \n\tb) omit paragraph (b), and \n\tc) before paragraph (d) insert— \n\tca) the National Health Service Commissioning Board; \n\tcb) a clinical commissioning group; . *Local Democracy, Economic Development and Construction Act 2009 (c. 20)*\n\n172) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Health Act 2009 (c. 21)*\n\n173) The Health Act 2009 is amended as follows. \n174) In each of the following provisions for  “NHS services” substitute  “health services”— \n\ta) the title to Part 1, \n\tb) section 2(3), (4)(a) and (b), (5)(a) and (b) and (7), and \n\tc) the definitions of  “carers”,  “patients” and  “staff” in section 3(7). \n175) \n1) Section 2 (duty to have regard to NHS constitution) is amended as follows. \n2) In subsection (1), for  “NHS functions” substitute  “health service functions”. \n3) In subsection (2)— \n\ta) omit paragraph (a), \n\tb) omit paragraph (b), and \n\tc) before paragraph (d) insert— \n\t\tca) the National Health Service Commissioning Board; \n\t\tcb) clinical commissioning groups; \n\t\tcc) local authorities (within the meaning of section 2B of the National Health Service Act 2006); . \n4) In subsection (3), for  “an  “NHS function”” substitute  “a  “health service function””. \n5) In subsection (4)— \n\ta) before paragraph (a) insert— \n\t\tza) provides health services under arrangements made by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006, , \n\tb) omit the word  “or” at the end of paragraph (a), and \n\tc) after paragraph (b) insert , or \n\t\tc) provides health services under arrangements made by a local authority for the purposes of its functions under or by virtue of section 2B or 6C(1) of, or Schedule 1 to, that Act. \n6) In subsection (5) for  “subsection (4)(a) or (b)” substitute  “subsection (4)(za), (a), (b) or (c)”. \n176) \n1) Section 3 (availability and review of NHS constitution) is amended as follows. \n2) In subsection (3), omit paragraph (d). \n3) Omit subsection (8). \n177) \n1) Section 8 (duty of providers to publish information) is amended as follows. \n2) In subsection (1) for  “NHS services” (in each place where it occurs) substitute  “relevant health services”. \n3) Omit subsection (2)(a). \n4) In subsection (3) for paragraphs (a) to (c) substitute— \n\ta) provides health services as mentioned in section 2(4)(za) or (a), or \n\tb) in pursuance of a contract, agreement or arrangements as mentioned in section 2(4)(za) or (a), makes arrangements for another person to provide health services, . \n5) For subsection (6) substitute— \n6) In this section— \n\t- “health services” has the same meaning as in Chapter 1;\n\t- “relevant health services” means health services the provision of which is arranged by the National Health Service Commissioning Board or a clinical commissioning group under or by virtue of section 3, 3A, 3B or 4 of, or Schedule 1 to, the National Health Service Act 2006 or under or by virtue of Parts 4 to 7 of that Act.\n178) In section 9 (supplementary provision about the duty to publish information), in subsection (3), for  “a Strategic Health Authority” substitute  “Monitor”. \n179) In section 36 (disclosure of information by Her Majesty's Revenue and Customs), in subsection (3) after paragraph (a) insert— \n\taa) the National Health Service Commissioning Board; . *Equality Act 2010 (c. 15)*\n\n180) The Equality Act 2010 is amended as follows. \n181) In section 1 (public sector duty regarding socio-economic inequalities), in subsection (3)— \n\ta) omit paragraph (h), and \n\tb) omit paragraph (i). \n182) In Part 1 of Schedule 19 (bodies subject to public sector equality duty), in the group of entries that includes entries for bodies whose functions relate to the health service— \n\ta) at the beginning insert— The National Health Service Commissioning Board. A clinical commissioning group established under section 14D of the National Health Service Act 2006. , \n\tb) in the entry for an NHS trust, for  “that Act” substitute  “the National Health Service Act 2006”, \n\tc) omit the entry for a Primary Care Trust, and \n\td) omit the entry for a Strategic Health Authority. *Child Poverty Act 2010 (c. 9)*\n\n183) In section 20 of the Child Poverty Act 2010 (partner authorities), in subsection (2)— \n\ta) after paragraph (e) insert— \n\t\tea) a clinical commissioning group; , \n\tb) omit paragraph (f), and \n\tc) omit paragraph (g). *Charities Act 2011 (c. 25)*\n\n184) In section 149 of the Charities Act 2011 (audit or examination of English NHS charity accounts), in subsection (7)— \n\ta) omit paragraph (a), \n\tb) omit paragraph (b), \n\tc) before paragraph (c) insert— \n\t\tba) the National Health Service Commissioning Board, \n\t\tbb) a clinical commissioning group, \n\t\tbc) trustees for the National Health Service Commissioning Board appointed in pursuance of paragraph 11 of Schedule A1 to the National Health Service Act 2006, or \n\t\tbd) trustees for a clinical commissioning group appointed in pursuance of paragraph 15 of Schedule 1A to that Act, , and \n\td) omit paragraph (f). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/5",
    "legislation_id": "ukpga/2012/7",
    "title": "Part 1: amendments of other enactments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638150Z",
    "text": "Section 183) **Local authority arrangements**\n\n1) Section 222 of the Local Government and Public Involvement in Health Act 2007 (arrangements under section 221 of that Act) is amended as follows. \n2) For subsection (2) substitute— \n2) The arrangements must be made with a body corporate which— \n\ta) is a social enterprise, and \n\tb) satisfies such criteria as may be prescribed by regulations made by the Secretary of State. \n2A) For so long as the arrangements are in force, the body with which they are made— \n\ta) has the function of carrying on in A's area the activities specified in section 221(2), and \n\tb) is to be known as the  “Local Healthwatch organisation” for A's area. \n2B) But the arrangements may authorise the Local Healthwatch organisation to make, in pursuance of those arrangements, arrangements (“Local Healthwatch arrangements”) with a person (other than A) for that person— \n\ta) to assist the organisation in carrying on in A's area some or all of the activities, or \n\tb) (subject to provision made under section 223(2)(e)) to carry on in A's area some (but not all) of the activities on the organisation's behalf. \n3) In subsection (3), for the words from the beginning to  “who is not” substitute  “None of the following is capable of being a Local Healthwatch organisation”. \n4) For subsection (4) substitute— \n4) The arrangements must secure the result that Local Healthwatch arrangements will not be made with a body of a description specified in subsection (3) or with the National Health Service Commissioning Board. \n5) For subsection (5) substitute— \n5) The arrangements may (in particular) make provision as respects co-operation between the Local Healthwatch organisation for the area and one or more other Local Healthwatch organisations. \n6) After subsection (7) insert— \n7A) A must exercise its functions under this Part so as to secure that the arrangements— \n\ta) operate effectively, and \n\tb) represent value for money. \n7B) A must publish a report of its findings in seeking to secure the objective mentioned in subsection (7A). \n7) For subsection (8) substitute— \n8) For the purposes of this section, a body is a social enterprise if— \n\ta) a person might reasonably consider that it acts for the benefit of the community in England, and \n\tb) it satisfies such criteria as may be prescribed by regulations made by the Secretary of State. \n9) Regulations made by the Secretary of State may provide that activities of a prescribed description are to be treated as being, or as not being, activities which a person might reasonably consider to be activities carried on for the benefit of the community in England. \n10) In subsections (8) and (9),  “community” includes a section of the community; and regulations made by the Secretary of State may make provision about what does, does not or may constitute a section of the community. \n8) For the title to section 222 substitute  “Local Healthwatch organisations”. \n9) After section 222 insert— \n\nSection 222A) **Local authority arrangements: conflicts of interest**\n\n1) In making arrangements under section 221(1), a local authority must have regard to any conflicts guidance issued by the Secretary of State. \n2) Arrangements under section 221(1) must require the Local Healthwatch organisation, in exercising its function of carrying on the activities specified in section 221(2) or in making Local Healthwatch arrangements, to have regard to any conflicts guidance issued by the Secretary of State. \n3) In this section,  “conflicts guidance” means guidance about managing conflicts between— \n\ta) the making of arrangements under section 221(1), and \n\tb) the carrying-on of the activities specified in section 221(2). \n4) In this section,  “Local Healthwatch arrangements” has the meaning given by section 222. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/183",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/183",
    "legislation_id": "ukpga/2012/7",
    "title": "Local authority arrangements",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 183,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638664Z",
    "text": "Section 276) **Dissolution of predecessor body**\nThe Special Health Authority known as the Health and Social Care Information Centre is abolished. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/276",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/276",
    "legislation_id": "ukpga/2012/7",
    "title": "Dissolution of predecessor body",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 276,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637402Z",
    "text": "Section 1) **Secretary of State's duty to promote comprehensive health service**\nFor section 1 of the National Health Service Act 2006 (Secretary of State's duty to promote health service) substitute— \n\nSection 1) **Secretary of State's duty to promote comprehensive health service**\n\n1) The Secretary of State must continue the promotion in England of a comprehensive health service designed to secure improvement— \n\ta) in the physical and mental health of the people of England, and \n\tb) in the prevention, diagnosis and treatment of physical and mental illness. \n2) For that purpose, the Secretary of State must exercise the functions conferred by this Act so as to secure that services are provided in accordance with this Act. \n3) The Secretary of State retains ministerial responsibility to Parliament for the provision of the health service in England. \n4) The services provided as part of the health service in England must be free of charge except in so far as the making and recovery of charges is expressly provided for by or under any enactment, whenever passed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/1",
    "legislation_id": "ukpga/2012/7",
    "title": "Secretary of State's duty to promote comprehensive health service",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638578Z",
    "text": "Section 255) **Powers to request  NHS England  to establish information systems**\n\n1) Any person (including a devolved authority) may request NHS England to establish and operate a system for the collection or analysis of information of a description specified in the request. \n2) A request may be made under subsection (1) by a person only if the person considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the person to have in relation to the person's exercise of functions, or carrying out of activities, in connection with the provision of health care or adult social care. \n3) NHS England must comply with a mandatory request unless NHS England considers that the request relates to information of a description prescribed in regulations. \n4) For the purposes of this Chapter a request under subsection (1) is a mandatory request if— \n\ta) it is made by a principal body, and \n\tb) the body considers that the information which could be obtained by complying with the request is information which it is necessary or expedient for the body to have in relation to its discharge of a duty in connection with the provision of health services or of adult social care in England. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) Subsection (8) applies where NHS England has discretion under this section as to whether to comply with— \n\ta) a mandatory request, or \n\tb) other request under subsection (1). \n8) In deciding whether to comply with the request, NHS England — \n\ta) must, in particular, consider whether doing so would interfere to an unreasonable extent with the exercise by NHS England of any of its functions, and \n\tb) may take into account the extent to which the principal body or other person making the request has had regard to— \n\t\ti) the code of practice prepared and published by NHS England under section 263, and \n\t\tii) advice or guidance given by NHS England under section 265. \n9) In this section  “principal body” means— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) the Care Quality Commission, \n\tc) the National Institute for Health and Care Excellence, and \n\td) such other persons as may be prescribed in regulations. \n10) In this Chapter  “health care” includes all forms of health care whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/255",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/255",
    "legislation_id": "ukpga/2012/7",
    "title": "Powers to request NHS England to establish information systems",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 255,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638612Z",
    "text": "Section 263) **Code of practice on confidential information**\n\n1) NHS England must prepare and publish a code in respect of the practice to be followed in relation to the collection, analysis, publication and other dissemination of confidential information concerning, or connected with, the provision of health services or of adult social care in England. \n2) For the purposes of this section  “confidential information” is— \n\ta) information which is in a form which identifies any individual to whom the information relates or enables the identity of such an individual to be ascertained, or \n\tb) any other information in respect of which the person who holds it owes an obligation of confidence. \n3) Before publishing the code, NHS England must consult— \n\ta) the Secretary of State, and \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) such other persons as NHS England considers appropriate. \n4) NHS England must not publish the code without the approval of the Secretary of State. \n5) NHS England must keep the code under review and may revise it as it considers appropriate (and a reference in this section to the code includes a reference to any revised code). \n6) A health or social care body must have regard to the code in exercising functions in connection with the provision of health services or of adult social care in England. \n7) A person, other than a public body, who provides health services, or adult social care in England, pursuant to arrangements made with a public body exercising functions in connection with the provision of such services or care must, in providing those services or that care, have regard to the code. \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/263",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/263",
    "legislation_id": "ukpga/2012/7",
    "title": "Code of practice on confidential information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 263,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638485Z",
    "text": "Section 240) **Advisory services**\n\n1) Regulations may confer functions on NICE in relation to the giving of advice to persons (whether or not in the United Kingdom) in relation to any matter concerning or connected with— \n\ta) the provision of health care, \n\tb) the protection or improvement of public health, or \n\tc) the provision of social care. \n2) The regulations may make provision about the imposition of charges by NICE for or in connection with the giving of such advice. \n3) Provision made under subsection (2) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis. \n4) In this Part  “health care” includes all forms of health care provided for individuals whether relating to physical or mental health and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/240",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/240",
    "legislation_id": "ukpga/2012/7",
    "title": "Advisory services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 240,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638202Z",
    "text": "Section 196) **Other functions of Health and Wellbeing Boards**\n\n1) The functions of a local authority and its partner integrated care boards under sections 116 and 116A of the Local Government and Public Involvement in Health Act 2007 (“the 2007 Act”) are to be exercised by the Health and Wellbeing Board established by the local authority. \n2) A local authority may arrange for a Health and Wellbeing Board established by it to exercise any functions that are exercisable by the authority. \n3) A Health and Wellbeing Board may give the local authority that established it its opinion on whether the authority is discharging its duty under section 116B of the 2007 Act. \n4) The power conferred by subsection (2) does not apply to the functions of the authority by virtue of section 244 of the National Health Service Act 2006. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/196",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/196",
    "legislation_id": "ukpga/2012/7",
    "title": "Other functions of Health and Wellbeing Boards",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 196,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638717Z",
    "text": "Section 284) **Special notices of births and deaths**\n\n1) Section 269 of the National Health Service Act 2006 (special notices of births and deaths) is amended as follows. \n2) For subsection (2) substitute— \n2) Each registrar of births and deaths must furnish to such relevant body or bodies as may be determined in accordance with regulations the particulars of such births or deaths entered in a register of births or deaths kept for the registrar's sub-district as may be prescribed. \n3) In subsection (4) for  “the Primary Care Trust for the area in which the birth takes place” substitute  “such relevant body or bodies as may be determined in accordance with regulations”. \n4) In subsection (6)— \n\ta) after  “under subsection (4)” insert  “to a relevant body”, and \n\tb) for  “the Primary Care Trust” (in each place where it occurs) substitute  “the body”. \n5) In subsection (7)— \n\ta) for  “A Primary Care Trust” substitute  “A relevant body to whom notice is required to be given under subsection (4)”, and \n\tb) for  “any medical practitioner or midwife residing or practising within its area” substitute  “such descriptions of medical practitioners or midwives as may be prescribed”. \n6) In subsection (9) for  “the Primary Care Trust concerned” substitute  “the relevant body or bodies to whom the failure relates”. \n7) In subsection (10), in paragraph (a) for  “a Primary Care Trust” substitute  “a relevant body”. \n8) After subsection (10) insert— \n11) For the purposes of this section, the following are relevant bodies— \n\ta) the National Health Service Commissioning Board, \n\tb) clinical commissioning groups, \n\tc) local authorities. \n12) Information received by a local authority by virtue of this section may be used by it only for the purposes of functions exercisable by it in relation to the health service. \n13) In this section,  “local authority” has the same meaning as in section 2B. \n9) Until the commencement of section 34, section 269(11) of the National Health Service Act 2006 has effect as if Primary Care Trusts were included in the list of bodies that are relevant bodies for the purposes of that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/284",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/284",
    "legislation_id": "ukpga/2012/7",
    "title": "Special notices of births and deaths",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 284,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637550Z",
    "text": "Section 33) **Abolition of Strategic Health Authorities**\n\n1) The Strategic Health Authorities continued in existence or established under section 13 of the National Health Service Act 2006 are abolished. \n2) Chapter 1 of Part 2 of that Act (Strategic Health Authorities) is repealed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/33",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/33",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of Strategic Health Authorities",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 33,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638574Z",
    "text": "Section 254) **Powers to direct  NHS England  to establish information systems**\n\n1) The Secretary of State  ...  may direct NHS England to establish and operate a system for the collection or analysis of information of a description specified in the direction. \n2) A direction may be given under subsection (1) by the Secretary of State only if— \n\ta) the Secretary of State considers that the information which could be obtained by complying with the direction is information which it is necessary or expedient for the Secretary of State to have in relation to the exercise by the Secretary of State of the Secretary of State's functions in connection with the provision of health services or of adult social care in England, or \n\tb) the Secretary of State otherwise considers it to be in the interests of the health service in England or of the recipients or providers of adult social care in England for the direction to be given. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) Before giving a direction under subsection (1) the Secretary of State  ...  must consult NHS England . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/254",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/254",
    "legislation_id": "ukpga/2012/7",
    "title": "Powers to direct NHS England to establish information systems",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 254,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638448Z",
    "text": "Section 230) **Consequential provisions and savings, etc.**\n\n1) Parts 1 to 3 of Schedule 15 (which contain minor and consequential amendments and savings relating to the preceding provisions of this Part) have effect. \n2) The Privy Council may by order make transitional, transitory or saving provision in connection with the commencement of the preceding provisions of this Part. \n3) The quorum for the exercise of the power under subsection (2) is two. \n4) Anything done by the Privy Council under subsection (2) is sufficiently signified by an instrument signed by the Clerk of the Council. \n5) In section 38 of the National Health Service Reform and Health Care Professions Act 2002 (regulations and orders), after subsection (4) insert— \n4A) The quorum for the exercise by the Privy Council of the power under section 25A, 27 or 28 or paragraph 6 of Schedule 7 is two; and anything done by the Privy Council under either of those sections or that paragraph is sufficiently signified by an instrument signed by the Clerk of the Council. \n6) The amendments made by this Part to an Order in Council under section 60 of the Health Act 1999 do not affect the power to make a further Order in Council under that section amending or revoking provision made by those amendments. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/230",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/230",
    "legislation_id": "ukpga/2012/7",
    "title": "Consequential provisions and savings, etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 230,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637825Z",
    "text": "Section 104) **Power to require documents and information**\n\n1) NHS England may require a person mentioned in subsection (2) to provide it with any information, documents, records or other items which it considers it necessary or expedient to have for the purposes of any of its regulatory functions. \n2) The persons are— \n\ta) an applicant for a licence under this Chapter, \n\tb) a licence holder, \n\tc) a person who has provided, or is providing, a health care service for the purposes of the NHS in accordance with an exemption by virtue of section 83 from the requirement to hold a licence under this Chapter, \n\td) a person who has provided, or is providing, a health care service for the purposes of the NHS in breach of that requirement, \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and \n\tf) an integrated care board. \n3) The power in subsection (1) includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form. \n4) In this section “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB (2) of the National Health Service Act 2006. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/104",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/104",
    "legislation_id": "ukpga/2012/7",
    "title": "Power to require documents and information",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 104,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637874Z",
    "text": "Section 114C) **The NHS payment scheme: impact assessment and consultation**\n\n1) Before publishing the NHS payment scheme, NHS England must— \n\ta) carry out an assessment of the likely impact of the proposed scheme, or \n\tb) publish a statement setting out its reasons for concluding that such assessment is not needed. \n2) Before publishing the NHS payment scheme, NHS England must consult the following— \n\ta) each integrated care board; \n\tb) each relevant provider; \n\tc) such other persons as NHS England considers appropriate. \n3) NHS England must give those persons a notice— \n\ta) describing the proposed NHS payment scheme, \n\tb) setting out any impact assessment carried out under subsection (1)(a), and \n\tc) specifying when the period within which representations may be made about the proposed NHS payment scheme (“the consultation period”) will come to an end. \n4) The consultation period is the period of 28 days beginning with the day after that on which the notice is published. \n5) NHS England must publish the notice given under subsection (3). \n6) If, having consulted under this section— \n\ta) NHS England decides to make amendments of the proposed NHS payment scheme that are, in its opinion, significant, and \n\tb) it would, in NHS England’s opinion, be unfair to make the amendments without further consultation, NHS England must consult again under this section. \n7) Subsection (6) does not apply where section 114D applies. \n8) In this section “relevant provider” means— \n\ta) a licence holder, or \n\tb) another person, of a prescribed description, that provides— \n\t\ti) health care services for the purposes of the NHS, or \n\t\tii) services in pursuance of arrangements made by NHS England or an integrated care board by virtue of section 7A or 7B of the National Health Service Act 2006 (Secretary of State’s public health functions). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/114C",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/114C",
    "legislation_id": "ukpga/2012/7",
    "title": "The NHS payment scheme: impact assessment and consultation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637817Z",
    "text": "Section 102) **Modification of conditions by order under other enactments**\n\n1) This section applies where the CMA or Secretary of State (the  “relevant authority”) makes a relevant order. \n2) A relevant order may modify— \n\ta) the conditions of a particular licence, or \n\tb) the standard conditions applicable to all licences under this Chapter or to licences of a particular description. \n3) The modifications which may be made by a relevant order are those which the relevant authority considers necessary or expedient for the purpose of giving effect to, or taking account of, any provision made by the order. \n4) In this section  “relevant order” means— \n\ta) an order under section 75, 83 or 84 of, or paragraph 5, 10 or 11 of Schedule 7 to, the Enterprise Act 2002 where one or more of the enterprises which have, or may have, ceased to be distinct enterprises were engaged in the provision of health care services for the purposes of the NHS; \n\tb) an order under any of those provisions of that Act where one or more of the enterprises which will or may cease to be distinct enterprises is engaged in the provision of health care services for the purposes of the NHS; \n\tc) an order under section 160 or 161 of that Act where the feature, or combination of features, of the market or markets in the United Kingdom for goods or services which prevents, restricts or distorts competition relates to— \n\t\ti) the commissioning by NHS England or an integrated care board of health care services for the purposes of the NHS, or \n\t\tii) the provision of those services. \n5) The modification under subsection (2)(a) of part of a standard condition of a licence does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter. \n6) Where the relevant authority modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, the relevant authority— \n\ta) may, after consultation with NHS England , make such incidental or consequential modifications as the relevant authority considers necessary or expedient of any other conditions of any licence which is affected by the modifications, \n\tb) must also make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and \n\tc) must publish any modifications it makes under paragraph (b). \n7) Expressions used in subsection (4) and in Part 3 or (as the case may be) Part 4 of the Enterprise Act 2002 have the same meaning in that subsection as in that Part. \n8) In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/102",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/102",
    "legislation_id": "ukpga/2012/7",
    "title": "Modification of conditions by order under other enactments",
    "extent": [
      "United Kingdom"
    ],
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    "number": 102,
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    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638227Z",
    "text": "Section 203) **Persons eligible to enter into general dental services contracts**\n\n1) Section 102 of the National Health Service Act 2006 (persons eligible to enter into general dental services contracts) is amended as follows. \n2) In subsection (1), in paragraph (c), for  “individuals” substitute  “persons”. \n3) After that subsection insert , \n\td) a limited liability partnership where the conditions in subsection (2A) are satisfied. \n4) In subsection (2), for paragraph (b) substitute— \n\tb) subsection (3A) or (3B) applies. \n5) After that subsection insert— \n2A) The conditions referred to in subsection (1)(d) are that— \n\ta) at least one member is a dental practitioner, and \n\tb) subsection (3A) or (3B) applies. \n6) After subsection (3) insert— \n3A) This subsection applies if a partner or member who is a dental practitioner, or who falls within subsection (3C), has the power to secure that the partnership's affairs are conducted in accordance with that partner's or member's wishes. \n3B) This subsection applies if, in any combination of partners or members who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them is a dental practitioner or a person who falls within subsection (3C). \n7) After subsection (3B) insert— \n3C) A person falls within this subsection if the person is— \n\ta) an NHS employee, \n\tb) a section 92 employee, section 107 employee, section 50 employee, section 64 employee, section 17C employee or Article 15B employee, \n\tc) a health care professional who is engaged in the provision of services under this Act or the National Health Service (Wales) Act 2006, or \n\td) an individual falling within section 108(1)(d). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/203",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/203",
    "legislation_id": "ukpga/2012/7",
    "title": "Persons eligible to enter into general dental services contracts",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 203,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638112Z",
    "text": "Section 173) **Repeal of de-authorisation provisions**\n\n1) Omit section 52C of the National Health Service Act 2006 (guidance etc. on de-authorisation notices). \n2) Omit sections 53 to 55 of, and Schedule 9 to, that Act (voluntary arrangements and dissolution); and in consequence of that— \n\ta) in section 57 of that Act (as amended by section 172 of this Act)— \n\t\ti) in subsection (3)(a), for  “the persons mentioned in section 54(4)” substitute  “another NHS foundation trust, an NHS trust established under section 25 or the Secretary of State”, \n\t\tii) omit subsection (3)(b), and \n\t\tiii) in subsection (4), for  “any of the bodies mentioned in section 54(4)(a) or (c)” substitute  “another NHS foundation trust or an NHS trust established under section 25”, \n\tb) in section 64(4) of that Act (as amended by section 172 of this Act), omit paragraph (b), and \n\tc) omit section 18(2) to (6) and (11) of the Health Act 2009. \n3) Omit section 65E of the National Health Service Act 2006 (NHS foundation trusts: de-authorisation and appointment of administrator). \n4) Omit Schedule 8A to that Act (de-authorised NHS trusts and NHS foundation trusts). \n5) Omit section 15 of the Health Act 2009 (which inserts sections 52A to 52E and Schedule 8A in the National Health Service Act 2006). \n6) In section 272 of the National Health Service Act 2006 (orders, regulations, rules and directions)— \n\ta) in subsection (5), omit paragraph (aa), and \n\tb) in subsection (6A), omit  “52D(1), 52E(6),”. \n7) In section 275(1) of that Act (interpretation), in the definition of  “NHS trust”— \n\ta) omit  “, subject to Schedule 8A,”, and \n\tb) omit  “52D(1) or”. \n8) In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of  “NHS trust”, omit  “52D(1) or”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/173",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/173",
    "legislation_id": "ukpga/2012/7",
    "title": "Repeal of de-authorisation provisions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 173,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638127Z",
    "text": "Section 177) **Action following final report**\n\n1) In section 65K of the National Health Service Act 2006 (Secretary of State's decision on what action to take), in subsection (1), after  “a final report under section 65I” insert  “relating to an NHS trust”; and in consequence of that, for the title to that section substitute  “Secretary of State's decision in case of NHS trust”. \n2) After that section insert— \n\nSection 65KA) **Regulator's decision in case of NHS foundation trust**\n\n1) Within the period of 20 working days beginning with the day on which the regulator receives a final report under section 65I relating to an NHS foundation trust, the regulator must decide whether it is satisfied— \n\ta) that the action recommended in the final report would achieve the objective set out in section 65DA, and \n\tb) that the trust special administrator has carried out the administration duties. \n2) In subsection (1)(b),  “administration duties” means the duties imposed on the administrator by— \n\ta) this Chapter, \n\tb) a direction under this Chapter, or \n\tc) the administrator's terms of appointment. \n3) If the regulator is satisfied as mentioned in subsection (1), it must as soon as reasonably practicable provide to the Secretary of State— \n\ta) the final report, and \n\tb) the report provided to the regulator by the Care Quality Commission under section 65D(3). \n4) If the regulator is not satisfied as mentioned in subsection (1), it must as soon as reasonably practicable give a notice of that decision to the administrator. \n5) Where the regulator gives a notice under subsection (4), sections 65F to 65J apply in relation to the trust to such extent, and with such modifications, as the regulator may specify in the notice. \n6) The regulator must as soon as reasonably practicable after giving a notice under subsection (4)— \n\ta) publish the notice; \n\tb) lay a copy of it before Parliament. \n\nSection 65KB) **Secretary of State's response to regulator's decision**\n\n1) Within the period of 30 working days beginning with the day on which the Secretary of State receives the reports referred to in section 65KA(3), the Secretary of State must decide whether the Secretary of State is satisfied— \n\ta) that the persons to which the NHS foundation trust in question provides services under this Act have discharged their functions for the purposes of this Chapter, \n\tb) that the trust special administrator has carried out the administration duties (within the meaning of section 65KA(1)(b)), \n\tc) that the regulator has discharged its functions for the purposes of this Chapter, \n\td) that the action recommended in the final report would secure the continued provision of the services provided by the trust to which the objective set out in section 65DA applies, \n\te) that the recommended action would secure the provision of services that are of sufficient safety and quality to be provided under this Act, and \n\tf) that the recommended action would provide good value for money. \n2) If the Secretary of State is not satisfied as mentioned in subsection (1), the Secretary of State must as soon as reasonably practicable— \n\ta) give the trust special administrator a notice of the decision and of the reasons for it; \n\tb) give a copy of the notice to the regulator; \n\tc) publish the notice; \n\td) lay a copy of it before Parliament. \n\nSection 65KC) **Action following Secretary of State's rejection of final report**\n\n1) Within the period of 20 working days beginning with the day on which the trust special administrator receives a notice under section 65KB(2), the administrator must provide to the regulator the final report varied so far as the administrator considers necessary to secure that the Secretary of State is satisfied as mentioned in section 65KB(1). \n2) Where the administrator provides to the regulator a final report under subsection (1), section 65KA applies in relation to the report as it applies in relation to a final report under section 65I; and for that purpose, that section has effect as if— \n\ta) in subsection (1), for  “20 working days” there were substituted  “10 working days”, and \n\tb) subsection (3)(b) were omitted. \n3) If the Secretary of State thinks that, in the circumstances, it is not reasonable for the administrator to be required to carry out the duty under subsection (1) within the period mentioned in that subsection, the Secretary of State may by order extend the period. \n4) If an order is made under subsection (3), the administrator must— \n\ta) publish a notice stating the date on which the period will expire, and \n\tb) where the administrator is proposing to carry out consultation in response to the notice under section 65KB(2), publish a statement setting out the means by which the administrator will consult during the extended period. \n\nSection 65KD) **Secretary of State's response to re-submitted final report**\n\n1) Within the period of 30 working days beginning with the day on which the Secretary of State receives a final report under section 65KA(3) as applied by section 65KC(2), the Secretary of State must decide whether the Secretary of State is, in relation to the report, satisfied as to the matters in section 65KB(1)(a) to (f). \n2) If the Secretary of State is not satisfied as mentioned in subsection (1), the Secretary of State must as soon as reasonably practicable— \n\ta) publish a notice of the decision and the reasons for it; \n\tb) lay a copy of the notice before Parliament. \n3) Where the Secretary of State publishes a notice under subsection (2)(a), subsections (4) to (8) apply. \n4) If the notice states that the Board has failed to discharge a function— \n\ta) the Board is to be treated for the purposes of this Act as having failed to discharge the function, and \n\tb) the failure is to be treated for those purposes as significant (and section 13Z2 applies accordingly). \n5) If the notice states that a clinical commissioning group has failed to discharge a function— \n\ta) the group is to be treated for the purposes of this Act as having failed to discharge the function, \n\tb) the Secretary of State may exercise the functions of the Board under section 14Z21(2), (3)(a) and (8)(a), and \n\tc) the Board may not exercise any of its functions under section 14Z21. \n6) Where, by virtue of subsection (5)(b), the Secretary of State exercises the function of the Board under subsection (3)(a) of section 14Z21, subsection (9)(a) of that section applies but with the substitution for the references to the Board of references to the Secretary of State. \n7) If the notice states that the trust special administrator has failed to discharge the administration duties (within the meaning of section 65KA(1)(b))— \n\ta) the administration duties are to be treated for the purposes of this Act as functions of the regulator, \n\tb) the regulator is to be treated for the purposes of this Act as having failed to discharge those functions, and \n\tc) the failure is to be treated for those purposes as significant (and section 71 of the Health and Social Care Act 2012 applies accordingly, but with the omission of subsection (3)). \n8) If the notice states that the regulator has failed to discharge a function— \n\ta) the regulator is to be treated for the purposes of this Act as having failed to discharge the function, and \n\tb) the failure is to be treated for those purposes as significant (and section 71 of the Health and Social Care Act 2012 applies accordingly, but with the omission of subsection (3)). \n9) Within the period of 60 working days beginning with the day on which the Secretary of State publishes a notice under subsection (2)(a), the Secretary of State must decide what action to take in relation to the trust. \n10) The Secretary of State must as soon as reasonably practicable— \n\ta) publish a notice of the decision and the reasons for it; \n\tb) lay a copy of the notice before Parliament. \n3) In section 65L of that Act (trusts coming out of administration), after subsection (2) insert— \n2A) For the purposes of subsection (1) in its application to the case of an NHS foundation trust, the reference to section 65K is to be read as a reference to section 65KD(9); and this section also applies in the case of an NHS foundation trust if— \n\ta) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1) in relation to the trust, and \n\tb) the action recommended in the final report is to do something other than dissolve the trust. \n2B) For the purposes of subsection (2) in its application to the case of an NHS foundation trust— \n\ta) the reference to the Secretary of State is to be read as a reference to the regulator, and \n\tb) the reference to the chairman and directors of the trust is to be read as including a reference to the governors. \n4) Omit subsections (3) to (5) of that section. \n5) At the end of that section insert— \n6) Subsection (7) applies in the case of an NHS foundation trust. \n7) If it appears to the regulator to be necessary in order to comply with Schedule 7, the regulator may by order— \n\ta) terminate the office of any governor or of any executive or non-executive director of the trust; \n\tb) appoint a person to be a governor or an executive or non-executive director of the trust. \n6) After that section insert— \n\nSection 65LA) **Trusts to be dissolved**\n\n1) This section applies if— \n\ta) the Secretary of State is satisfied as mentioned in section 65KB(1) or 65KD(1), and \n\tb) the action recommended in the final report is to dissolve the NHS foundation trust in question. \n2) This section also applies if the Secretary of State decides under section 65KD(9) to dissolve the NHS foundation trust in question. \n3) The regulator may make an order— \n\ta) dissolving the trust, and \n\tb) transferring, or providing for the transfer of, the property and liabilities of the trust— \n\t\ti) to another NHS foundation trust or the Secretary of State, or \n\t\tii) between another NHS foundation trust and the Secretary of State. \n4) An order under subsection (3) may include provision for the transfer of employees of the trust. \n5) The liabilities that may be transferred to an NHS foundation trust by virtue of subsection (3)(b) include criminal liabilities. \n7) For the cross-heading preceding section 65K substitute  “Action by the Secretary of State and the regulator”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/177",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/177",
    "legislation_id": "ukpga/2012/7",
    "title": "Action following final report",
    "extent": [
      "England",
      "Wales"
    ],
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    "number": 177,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638401Z",
    "text": "Section 218) **Exercise of function of approving courses, etc.**\n\n1) The Health and Social Work Professions Order 2001 (S.I. 2002/254) is amended as follows. \n2) In article 3 (the Council and its Committees), in paragraph (3), at the end insert  “(and see also section 114ZA of the Mental Health Act 1983 (approval of courses for approved mental health professionals))”. \n3) After paragraph (5) of that article insert— \n5ZA) In the application of paragraph (5) to the functions of the Council that relate to persons who are, or wish to become, approved mental health professionals in England, references to registrants are to be read as including a reference to such approved mental health professionals in England as are not registrants. \n4) In article 14 (the Council's education and training committee), after sub-paragraph (b) insert— \n\tba) the setting of criteria under article 15B; . \n5) After article 15 insert— \n\nSection 15A) **Exercise of function of approving courses for approved mental health professionals**\n\n1) The function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals in England) is exercisable by the Education and Training Committee. \n2) In relation to AMHP courses run outside the United Kingdom, section 114ZA(1) of that Act applies only in relation to courses run by institutions which are approved in accordance with article 15B(3). \n3) In this article and articles 15B to 18,  “AMHP course” means a course of the kind referred to in section 114ZA(1) of the Mental Health Act 1983. \n\nSection 15B) **Criteria for approving courses for approved mental health professionals**\n\n1) The Council must set the criteria to be applied in exercising the function under section 114ZA(1) of the Mental Health Act 1983. \n2) The Education and Training Committee must— \n\ta) ensure that universities and other bodies in the United Kingdom concerned with the provision of AMHP courses are notified of the criteria set under paragraph (1); and \n\tb) take appropriate steps to satisfy itself that the AMHP courses provided by such bodies meet those criteria. \n3) In performing the function under paragraph (2)(b), the Committee may, in particular, approve or arrange with others to approve institutions which the Committee considers to be properly organised and equipped for conducting AMHP courses. \n4) The Council must from time to time publish a statement of the criteria set under paragraph (1). \n5) An AMHP course is to be treated for the purposes of articles 16 to 18 as a relevant course of education or training. \n6) In article 16 (visitors), in paragraph (6), at the end insert  “; but that does not apply to AMHP courses.” \n7) In article 17 (information), after paragraph (3) insert— \n3A) The reference in paragraph (3) to the functions of the Committee under this Order includes a reference to the function under section 114ZA(1) of the Mental Health Act 1983 (approval of courses for approved mental health professionals) in so far as that function is exercisable by the Committee. \n8) In article 18 (refusal or withdrawal of approval), after paragraph (1) insert— \n1A) Where as a result of any visitor's report or other information acquired by the Committee or the Council, and taking account of the observations received from the institution under article 16(9), the Committee is of the opinion that an AMHP course does not meet the criteria set under article 15B(1), it may refuse to approve, or withdraw approval from, the course. \n9) In that article— \n\ta) in paragraph (3), after  “paragraph (1)” insert  “or (1A)”, and \n\tb) in paragraph (6), after  “paragraph (1)” in each place it appears insert  “or, as the case may be, (1A)”. \n10) In article 21(1)(a) (Council's duty to establish standards of conduct etc. and give guidance), after  “prospective registrants” insert  “(including registrants or prospective registrants carrying out the functions of an approved mental health professional)”. \n11) In article 45 (finances of the Council), after paragraph (3) insert— \n3A) The Secretary of State may make grants or loans to the Council towards expenses incurred, or to be incurred by it, in connection with the exercise of its functions in relation to persons who are, or wish to become, approved mental health professionals in England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/218",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/218",
    "legislation_id": "ukpga/2012/7",
    "title": "Exercise of function of approving courses, etc.",
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    "number": 218,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637417Z",
    "text": "Section 3) **The Secretary of State's duty as to the NHS Constitution**\nAfter section 1A of the National Health Service Act 2006 insert— \n\nSection 1B) **Duty as to the NHS Constitution**\n\n1) In exercising functions in relation to the health service, the Secretary of State must have regard to the NHS Constitution. \n2) In this Act,  “NHS Constitution” has the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 1 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/3",
    "legislation_id": "ukpga/2012/7",
    "title": "The Secretary of State's duty as to the NHS Constitution",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638242Z",
    "text": "Section 207) **Control of entry on pharmaceutical lists**\n\n1) Section 129 of the National Health Service Act 2006 (regulations as to pharmaceutical lists) is amended as follows. \n2) In subsection (2), in paragraph (c)— \n\ta) for  “must be granted if” substitute  “may be granted only if”, and \n\tb) omit the words from  “and may otherwise” to the end. \n3) After that subsection insert— \n2ZA) The Board may not include the Secretary of State, or such other persons as the regulations may prescribe, in a list prepared for the purposes of provision under subsection (2)(a). \n4) In subsection (2A)— \n\ta) for  “its needs statement” substitute  “the needs statement for the relevant area”, and \n\tb) for the words from  “it is necessary” to the end substitute to grant the application would— \n\t\ta) meet a need in that area for the services or some of the services specified in the application, or \n\t\tb) secure improvements, or better access, to pharmaceutical services in that area. \n5) For subsection (2B) substitute— \n2B) In subsection (2A),  “relevant area”, in relation to a needs statement, is the area of the Health and Wellbeing Board which includes the premises from which the application states that the applicant will undertake to provide services. \n6) In subsection (2C), for  “(2B)” substitute  “(2A)”. \n7) In subsection (4)(c), omit  “or (2B)”. \n8) In subsection (6)(g)— \n\ta) after  “grounds on which” insert  “or circumstances in which”, \n\tb) before  “may, or must,” insert — \n\t\t\ti)  , and \n\tc) at the end insert , \n\t\t\tii) may, or must, remove a person or an entry in respect of premises from a pharmaceutical list . \n9) In subsection (10B), for  “Primary Care Trust” substitute  “Health and Wellbeing Board”. \n10) In section 130(2) of that Act (regulations about appeals from decisions on applications for inclusion in pharmaceutical list)— \n\ta) after  “an application” insert  “on grounds corresponding to the conditions referred to in section 151(2), (3) or (4) as read with section 153”, and \n\tb) omit  “(by way of redetermination)”. \n11) In section 136 of that Act (designation of priority neighbourhoods or premises)— \n\ta) in subsections (1)(a) and (2)(a) and (b), for  “neighbourhoods” substitute  “relevant areas”, and \n\tb) after subsection (3) insert— \n\t4) Relevant area” has the same meaning as in section 129(2A). \n12) In Schedule 12 to that Act (provision of local pharmaceutical services under LPS schemes), in paragraph 2— \n\ta) in sub-paragraphs (1)(a) and (2)(a) and (b), for  “neighbourhoods” substitute  “relevant areas”, and \n\tb) after sub-paragraph (3) insert— \n\t4) Relevant area” has the same meaning as in section 129(2A). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/207",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/207",
    "legislation_id": "ukpga/2012/7",
    "title": "Control of entry on pharmaceutical lists",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 207,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638627Z",
    "text": "Section 267) **Power to establish accreditation scheme**\n\n1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information service providers (“the accreditation scheme”). \n2) The regulations may provide that the accreditation scheme is to be established and operated by NHS England or such other person as the Secretary of State may specify in the regulations (the  “operator”). \n3) The regulations may, in particular, confer power on the operator— \n\ta) to establish the procedure for accrediting information service providers under the scheme, \n\tb) to set the criteria to be met by a provider in order to be accredited (“the accreditation criteria”), \n\tc) to keep an accreditation under the scheme under review, and \n\td) to charge a reasonable fee in respect of an application for accreditation. \n4) The regulations may make provision requiring the operator— \n\ta) to publish details of the scheme, including, in particular, the accreditation criteria, \n\tb) to provide for the review of a decision to refuse an application for accreditation, and \n\tc) to provide advice to applicants for accreditation with a view to ensuring that they meet the accreditation criteria. \n5) In this section  “information service provider” means any person other than a public body who provides services involving the collection, analysis, publication or other dissemination of information in connection with the provision of health services or of adult social care in England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/267",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/267",
    "legislation_id": "ukpga/2012/7",
    "title": "Power to establish accreditation scheme",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 267,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638552Z",
    "text": "Section 251ZE) **Accreditation of information technology etc**\n\n1) Regulations may make provision for the establishment and operation of a scheme for the accreditation of information technology and IT services so far as used, or intended to be used, in connection with the provision in, or in relation to, England of health care or of adult social care. \n2) The regulations may provide for the scheme to be established and operated by a person specified in the regulations (“the operator”). \n3) The regulations may, among other things, confer power on the operator— \n\ta) to establish the procedure for accreditation under the scheme, \n\tb) to set the criteria for accreditation under the scheme (“the accreditation criteria”), \n\tc) to keep an accreditation under the scheme under review, and \n\td) to charge a reasonable fee in respect of an application for accreditation. \n4) The regulations may, among other things, make provision requiring the operator— \n\ta) to set some or all of the accreditation criteria by reference to information standards, \n\tb) to publish details of the scheme, including the accreditation criteria, \n\tc) to provide for the review of a decision to refuse an application for accreditation, and \n\td) to provide advice to applicants for accreditation with a view to ensuring that the accreditation criteria are met. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/251ZE",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/251ZE",
    "legislation_id": "ukpga/2012/7",
    "title": "Accreditation of information technology etc",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638178Z",
    "text": "Section 190) **Scrutiny functions of local authorities**\n\n1) Section 244 of the National Health Service Act 2006 is amended as follows. \n2) In subsection (2)— \n\ta) omit  “an overview and scrutiny committee of”, \n\tb) for  “the committee”\n\t\t\t\t\t\t\t(in each place where it occurs) substitute  “the authority”, \n\tc) for  “local NHS bodies”\n\t\t\t\t\t\t\t(in each place where it occurs) substitute  “relevant NHS bodies or relevant health service providers”, \n\td) for  “local NHS body”\n\t\t\t\t\t\t\t(in each place where it occurs except paragraph (f)) substitute  “relevant NHS body or relevant health service provider”, \n\te) omit the words in brackets in paragraph (c), and \n\tf) in subsection (f) for  “any officer of a local NHS body” substitute  “any member or employee of a relevant NHS body, or a relevant health service provider or member or employee of a relevant health service provider,”. \n3) After subsection (2) insert— \n2ZA) If (by virtue of subsection (2)(c)) regulations make provision as to matters on which relevant NHS bodies or relevant health service providers must consult the authority, the regulations may also make provision— \n\ta) as to circumstances in which the authority may refer any of those matters to the Secretary of State, the regulator or the Board; \n\tb) conferring powers on the Secretary of State to give directions to the Board in relation to a matter referred to the Secretary of State by virtue of regulations under paragraph (a); \n\tc) conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter so referred; \n\td) conferring powers on the Board to give directions to a clinical commissioning group in relation to a matter referred to the Board by virtue of regulations under paragraph (a); \n\te) conferring powers on the Secretary of State to give directions to the Board as to the exercise of its powers by virtue of regulations under paragraph (c) or (d). \n2ZB) The powers that may be conferred under any of paragraphs (b) to (d) of subsection (2ZA) include powers to require the person to whom the direction is given— \n\ta) to consult (or consult further) with the authority on the matter in question; \n\tb) to determine the matter in a particular way; \n\tc) to take, or not to take, any other steps in relation to the matter. \n2ZC) If (by virtue of subsection (2ZA)(a)) regulations make provision for an authority to refer a matter to the Secretary of State, the regulator or the Board, the regulations may also provide for any provision of section 101 of the Local Government Act 1972— \n\ta) not to apply in relation to the discharge by the authority of that function, or \n\tb) to apply in relation to its discharge with such modifications as may be prescribed. \n2ZD) Any functions conferred on a local authority by regulations under this section are not to be the responsibility of an executive of the authority under executive arrangements (within the meaning of Part 1A of the Local Government Act 2000). \n2ZE) Regulations under this section may authorise a local authority to arrange for its functions under the regulations to be discharged by an overview and scrutiny committee of the authority. \n4) For subsection (3) substitute— \n3) For the purposes of subsections (2) and (2ZA)— \n\t- “relevant NHS body”, in relation to an authority to which this section applies, means an NHS body, other than a Special Health Authority, which is prescribed for those purposes in relation to the authority;\n\t- “relevant health service provider”, in relation to an authority to which this section applies, means a body or person which— provides services in pursuance of arrangements made—by the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1,by a local authority for the purpose of the exercise of its functions under or by virtue of section 2B or 6C(1) or Schedule 1, orby the Board, a clinical commissioning group or a local authority by virtue of section 7A, andis prescribed, or is of a description prescribed, for those purposes in relation to the authority.\n5) After subsection (3) insert— \n3A) In subsection (2)(f)\n\t\t\t\t\t\t\t\t “member”— \n\ta) in relation to a clinical commissioning group, includes a person who is not a member of the group but is a member of a committee or sub-committee of it; \n\tb) in relation to a relevant health service provider which is a body corporate, includes a person who is not a member of the body but is a director of it; \n\tc) in relation to an NHS trust, means a director of the trust; \n\td) in relation to an NHS foundation trust, means a director or governor of the trust. \n3B) For the purposes of subsection (2)(f)— \n\ta) a member of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as a member of the group or (as the case may be) relevant health service provider, and \n\tb) an employee of a body which is a member of a clinical commissioning group or relevant health service provider is to be treated as an employee of the group or (as the case may be) relevant health service provider. \n6) In subsection (5), for  “this section, section 245 and section 246” substitute  “this section and section 245”. \n7) For the heading to section 244 substitute  “Review and scrutiny by local authorities”. \n8) For the title to Chapter 3 of Part 12 of the National Health Service Act 2006 substitute  “Review and scrutiny by local authorities”. \n9) Until the coming into force of paragraph 19 of Schedule 3 to the Localism Act 2011, section 21 of the Local Government Act 2000 (overview and scrutiny committees) is amended as follows— \n\ta) in subsection (2)(f)— \n\t\ti) omit  “section 244 of the National Health Service Act 2006 or”, \n\t\tii) for  “either of those sections” substitute  “that section”, \n\t\tiii) for  “the Act concerned” substitute  “that Act”, and \n\t\tiv) for  “the section concerned” substitute  “that section”, \n\tb) omit subsection (2A)(a) and (b), and \n\tc) in subsection (4) at the end insert  “or under section 244(2ZE) of the National Health Service Act 2006.” \n10) In section 9F of the Local Government Act 2000 (overview and scrutiny committees)\n\t\t\t\t\t(as inserted by Schedule 2 to the Localism Act 2011)— \n\ta) omit subsection (2)(f), \n\tb) omit subsection (3)(a) and (b), and \n\tc) in subsection (5) omit the word  “or” following paragraph (a) and after paragraph (b) insert or \n\t\tc) any functions which may be conferred on it by virtue of regulations under section 244(2ZE) of the National Health Service Act 2006 (local authority scrutiny of health matters). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/190",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/190",
    "legislation_id": "ukpga/2012/7",
    "title": "Scrutiny functions of local authorities",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 190,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637444Z",
    "text": "Section 10) **Clinical commissioning groups**\nAfter section 1H of the National Health Service Act 2006 insert— *Role of clinical commissioning groups in the health service in England*\n\n\nSection 1I) **Clinical commissioning groups and their general functions**\n\n1) There are to be bodies corporate known as clinical commissioning groups established in accordance with Chapter A2 of Part 2. \n2) Each clinical commissioning group has the function of arranging for the provision of services for the purposes of the health service in England in accordance with this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/10",
    "legislation_id": "ukpga/2012/7",
    "title": "Clinical commissioning groups",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637638Z",
    "text": "Section 56) **Abolition of Health Protection Agency**\n\n1) The Health Protection Agency is abolished. \n2) The Health Protection Agency Act 2004 is repealed. \n3) Subsection (2) does not apply to— \n\ta) paragraph 3 of Schedule 3 to that Act (which amends Schedule 2 to the Immigration Act 1971), and \n\tb) section 11(1) of that Act so far as it gives effect to that paragraph. \n4) Schedule 7 (which makes amendments of other enactments in consequence of the provision made by this section) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/56",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/56",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of Health Protection Agency",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 56,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638608Z",
    "text": "Section 262A) **Publication and other dissemination: supplementary**\nIn exercising any function  ... of publishing or otherwise disseminating information obtained in connection with the exercise of its relevant data functions, NHS England must have regard to any advice given to it by the committee appointed by the Health Research Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014 (committee to advise in connection with information dissemination etc ). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/262A",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/262A",
    "legislation_id": "ukpga/2012/7",
    "title": "Publication and other dissemination: supplementary",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637852Z",
    "text": "Section 111) **Imposition of licence conditions on NHS foundation trusts**\n\n1) Where NHS England is satisfied that the governance of an NHS foundation trust is such that the trust will fail to comply with the conditions of its licence, NHS England may include in the licence such conditions relating to governance as it considers appropriate for the purpose of reducing that risk. \n2) The circumstances in which NHS England may be satisfied as mentioned in subsection (1) include circumstances where it is satisfied that the council of governors, the board of directors or the council of governors and board of directors taken together are failing— \n\ta) to secure compliance with conditions in the trust’s licence, or \n\tb) to take steps to reduce the risk of a breach of a condition in the trust’s licence. \n2A) Where a warning notice under section 29A of the Health and Social Care Act 2008 is given to an NHS foundation trust, NHS England may include in the trust's licence such conditions as it considers appropriate in connection with the matters to which the notice relates. \n3) A condition included under subsection (1) or (2A) has effect until this section ceases, by virtue of section 112, to have effect in relation to the trust. \n4) NHS England may modify a condition included under subsection (1) or (2A) . \n5) Where NHS England is satisfied that the trust has breached or is breaching a condition included under subsection (1) or (2A) , NHS England may by notice require the trust to— \n\ta) remove one or more of the directors or members of the council of governors and appoint interim directors or members of the council; \n\tb) suspend one or more of the directors or members of the council from office as a director or member for a specified period; \n\tc) disqualify one or more of the directors or members of the council from holding office as a director or member for a specified period. \n6) Where NHS England is satisfied that a person has failed or is failing to comply with a notice under subsection (5) , NHS England may do one or more of the things which it may require the trust to do under that subsection. \n7) Subsection (5) does not prevent NHS England from exercising in relation to a condition included in a licence under subsection (1) or (2A) the powers conferred by sections 105 and 106 (breach of licence condition etc: enforcement powers which apply during and after period in which this section and sections 112 to 114 have effect). \n8) Where NHS England includes a condition under subsection (1) or (2A) , it may also make such incidental or consequential modifications as it considers necessary or expedient of any other condition of the licence concerned which is affected. \n9) Where NHS England includes a condition under subsection (1) or (2A) by modifying a standard condition of the licence concerned, the modification does not prevent any other part of the condition from continuing to be regarded as a standard condition for the purposes of this Chapter. \n10) In this section, a reference to failing to discharge functions includes a reference to failing to discharge those functions properly. \n11) Omit section 52 of the National Health Service Act 2006 (failing NHS foundation trusts); and in consequence of that, omit— \n\ta) section 39(2)(f) of that Act (copy of notice under section 52 of that Act to be on register), and \n\tb) paragraph 22(1)(f) of Schedule 7 to that Act (copy of that notice to be available for public inspection). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/111",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/111",
    "legislation_id": "ukpga/2012/7",
    "title": "Imposition of licence conditions on NHS foundation trusts",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 111,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638167Z",
    "text": "Section 187) **Annual reports**\n\n1) Section 227 of the Local Government and Public Involvement in Health Act 2007 (annual reports) is amended as follows. \n2) In subsection (2), omit  “by a local authority with another person (“H”)”. \n3) In that subsection, in paragraph (a)— \n\ta) in sub-paragraph (i)— \n\t\ti) omit  “, for each local involvement network,”, \n\t\tii) for  “the network”, in the first place it appears, substitute  “the Local Healthwatch organisation”, \n\t\tiii) for  “the network”, in the second place it appears, substitute  “the organisation”, \n\t\tiv) after  “carried on” insert  “under the arrangements or arrangements made”, \n\tb) omit sub-paragraph (ii), and \n\tc) omit sub-paragraph (iii) and the preceding  “and”. \n4) In subsection (3)— \n\ta) after paragraph (a) insert  “and”, \n\tb) in paragraph (b)— \n\t\ti) omit the words from  “, if it is” to  “(2)(a)(ii)),”, and \n\t\tii) in sub-paragraph (i), for  “H in respect of the network” substitute  “the Local Healthwatch organisation in its capacity as such, and the amounts spent by its Local Healthwatch contractors in their capacity as such,”, and \n\tc) omit paragraph (c) and the preceding  “and”. \n5) In subsection (4)— \n\ta) after paragraph (a) insert— \n\t\taa) the National Health Service Commissioning Board; \n\t\tab) each clinical commissioning group, whose area or any part of whose area falls within the area of the local authority; ; \n\tb) after paragraph (ca) insert— \n\t\tcb) the Healthwatch England committee of the Care Quality Commission; , and \n\tc) omit paragraph (d) (but not the following  “and”). \n6) In subsection (5)— \n\ta) in paragraph (a)— \n\t\ti) omit the words from the beginning to  “(2)(a)(ii)),”, \n\t\tii) for  “the network” substitute  “the Local Healthwatch organisation”, and \n\t\tiii) after  “carried on” insert  “under the arrangements made under section 221(1) or arrangements made”, and \n\tb) omit paragraph (b) and the  “and” preceding it. \n7) Omit subsections (6) to (8). \n8) In subsection (9), after the definition of  “financial year” insert— “Local Healthwatch contractor” has the meaning given by section 223; . \n9) For the title to section 227 substitute  “Local Healthwatch organisations: annual reports”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/187",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/187",
    "legislation_id": "ukpga/2012/7",
    "title": "Annual reports",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 187,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638675Z",
    "text": "Section 277B) **Restrictions on onward disclosure of information**\n\n1) Information provided under section 277A may not be disclosed by the Secretary of State except for purposes connected with the health care system, or adult social care system, in England. \n2) Commercially sensitive information provided under section 277A may not be disclosed by the Secretary of State (even for the purposes mentioned in subsection (1) ) unless the Secretary of State considers that the disclosure is appropriate, having taken into account the public interest as well as the interests of the person to whom the commercially sensitive information relates. \n3) Subsections (1) and (2) do not restrict the disclosure of information where— \n\ta) the person to whom the information relates has consented to the disclosure, \n\tb) the information has previously been lawfully disclosed to the public, \n\tc) the disclosure is in accordance with any court order, \n\td) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual, \n\te) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act, \n\tf) the disclosure is in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or \n\tg) the disclosure is for the purpose of criminal proceedings (whether or not in the United Kingdom). \n4) In this section “commercially sensitive information” means commercial information whose disclosure the Secretary of State thinks might significantly harm the legitimate business interests of the person to whom it relates. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/277B",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/277B",
    "legislation_id": "ukpga/2012/7",
    "title": "Restrictions on onward disclosure of information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637866Z",
    "text": "Section 114A) **The NHS payment scheme**\n\n1) NHS England must publish a document, to be known as “the NHS payment scheme”, containing rules for determining the price that is to be payable by a commissioner— \n\ta) for the provision of health care services for the purposes of the NHS; \n\tb) for the provision of services in pursuance of arrangements made by NHS England or an integrated care board in the exercise of any public health functions of the Secretary of State, within the meaning of the National Health Service Act 2006, by virtue of any provision of that Act. \n2) The commissioner and the provider of services mentioned in subsection (1) must comply with rules under that subsection. \n3) Rules under subsection (1) may, in particular— \n\ta) specify prices; \n\tb) specify amounts, formulae or other matters on the basis of which prices are to be determined; \n\tc) provide for prices to be determined for, or by reference to, components of services or groups of services; \n\td) make different provision for different services or provision for some services but not others; \n\te) make different provision for the same service by reference to different circumstances or areas, different descriptions of provider, or other factors relevant to the provision of the service or the arrangements for its provision; \n\tf) confer a discretion on the commissioner of a service or on NHS England. \n4) Rules under subsection (1) may allow or require a price to be agreed between the commissioner and the provider of a service. \n5) Rules made by virtue of subsection (4) may— \n\ta) make provision about how the price is to be agreed; \n\tb) allow the agreement to make any provision that could be made by rules by virtue of subsection (3) ; \n\tc) provide for the publication by the commissioner, the provider or NHS England of information relevant to the agreement. \n6) For the purpose of securing that the prices payable for the provision of services mentioned in subsection (1) (a) or (b) result in a fair level of pay for providers of those services, NHS England must, in exercising functions under subsection (1) , have regard to— \n\ta) differences in the costs incurred in providing those services to persons of different descriptions, and \n\tb) differences between providers with respect to the range of those services that they provide. \n7) The NHS payment scheme may contain rules relating to the making of payments to the provider of a service for the provision of that service. \n8) The NHS payment scheme may contain guidance as to the application of rules under subsection (1) . \n9) A commissioner of a service mentioned in subsection (1) must have regard to any such guidance. \n10) The NHS payment scheme has effect for the period specified in the NHS payment scheme or, where a new edition of the NHS payment scheme takes effect before the end of that period, until that new edition takes effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/114A",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/114A",
    "legislation_id": "ukpga/2012/7",
    "title": "The NHS payment scheme",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637977Z",
    "text": "Section 138) **Power to impose charges on commissioners**\n\n1) The Secretary of State may by regulations confer power on NHS England to require integrated care boards to pay charges relating to such of NHS England’s regulatory functions as relate to securing the continued provision of health care services for the purposes of the NHS. \n1A) In subsection (1) “regulatory functions”, in relation to NHS England, has the meaning given by section 13SB (2) of the National Health Service Act 2006. \n2) The regulations must provide that the amount of a charge imposed by virtue of this section is to be such amount— \n\ta) as may be prescribed, or \n\tb) as is determined by reference to such criteria, and by using such method, as may be prescribed. \n3) The regulations must— \n\ta) prescribe to whom the charge is to be paid; \n\tb) prescribe when the charge becomes payable; \n\tc) where the amount of the charge is to be determined in accordance with subsection (2)(b), require NHS England to carry out consultation in accordance with the regulations before imposing the charge; \n\td) provide for any amount that is not paid by the time prescribed for the purposes of paragraph (b) to carry interest at the rate for the time being specified in section 18 of the Judgments Act 1838; \n\te) provide for any unpaid balance and accrued interest to be recoverable summarily as a civil debt (but for this not to affect any other method of recovery). \n4) Where the person that the regulations prescribe for the purposes of subsection (3)(a) is a provider, the regulations may confer power on NHS England to require the provider to pay NHS England the amount of the charge in question in accordance with the regulations. \n5) Before making regulations under this section, the Secretary of State must consult NHS England. \n6) Regulations under this section may apply with modifications provision made by sections 141 to 143 in relation to charges imposed by virtue of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/138",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/138",
    "legislation_id": "ukpga/2012/7",
    "title": "Power to impose charges on commissioners",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 138,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637672Z",
    "text": "Section 65) **Power to give Monitor functions relating to adult social care services**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/65",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/65",
    "legislation_id": "ukpga/2012/7",
    "title": "Power to give Monitor functions relating to adult social care services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 65,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638205Z",
    "text": "Section 197) **Participation of  NHS England**\n\n1) Subsection (2) applies where a Health and Wellbeing Board is (by virtue of section 196(1)) preparing— \n\ta) an assessment of relevant needs under section 116 of the Local Government and Public Involvement in Health Act 2007, or \n\tb) a strategy under section 116A of that Act. \n2) NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its preparation of the assessment or (as the case may be) the strategy. \n3) Subsection (4) applies where a Health and Wellbeing Board is considering a matter that relates to the exercise or proposed exercise of the commissioning functions of NHS England in relation to the area of the authority that established the Health and Wellbeing Board. \n4) If the Health and Wellbeing Board so requests, NHS England must appoint a representative to join the Health and Wellbeing Board for the purpose of participating in its consideration of the matter. \n5) The person appointed under subsection (2) or (4) may, with the agreement of the Health and Wellbeing Board, be a person who is not a member or employee of NHS England . \n6) In this section— \n\t- “commissioning functions”, in relation to NHS England , means the functions of NHS England in arranging for the provision of services as part of the health service in England (including any functions of NHS England in arranging for the provision of such services in the exercise of functions of another person) ;\n\t- “the health service” has the same meaning as in the National Health Service Act 2006.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/197",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/197",
    "legislation_id": "ukpga/2012/7",
    "title": "Participation of NHS England",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 197,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637611Z",
    "text": "Section 49) **Primary care services: directions as to exercise of functions**\n\n1) After section 98 of the National Health Service Act 2006 insert— *Directions*\n\n\nSection 98A) **Exercise of functions**\n\n1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary medical services. \n2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. \n3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary medical services (including functions which the Board has been directed to exercise under subsection (1)). \n4) The Board may direct a clinical commissioning group to exercise any of the Board's functions relating to the provision of primary medical services. \n5) The Board may give directions to a clinical commissioning group about the exercise by it of any functions relating to the provision of primary medical services (including functions which the group has been directed to exercise under subsection (4)). \n6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed. \n7) Where the Board gives a direction under subsection (4) or (5), it may disclose to the clinical commissioning group information it has about the provision of the primary medical services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the group to exercise the function specified in the direction. \n8) A clinical commissioning group exercising a function specified in a direction under subsection (4) or (5) must report to the Board on matters arising out of the group's exercise of the function. \n9) A report under subsection (8) must be made in such form and manner as the Board may specify. \n10) The Board may, in exercising its functions relating to the provision of the primary medical services in question, have regard to a report under subsection (8). \n2) After section 114 of that Act insert— *Directions*\n\n\nSection 114A) **Exercise of functions**\n\n1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary dental services. \n2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. \n3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary dental services (including functions which the Board has been directed to exercise under subsection (1)). \n3) After section 125 of that Act insert— *Directions*\n\n\nSection 125A) **Exercise of functions**\n\n1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to the provision of primary ophthalmic services. \n2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. \n3) The Secretary of State may give directions to the Board about its exercise of any functions relating to the provision of primary ophthalmic services (including functions which the Board has been directed to exercise under subsection (1)). \n4) The Board may direct a clinical commissioning group, a Special Health Authority or such other body as may be prescribed to exercise any of the Board's functions relating to the provision of primary ophthalmic services. \n5) The Board may give directions to a clinical commissioning group, a Special Health Authority or such other body as may be prescribed about the exercise by the body of any functions relating to the provision of primary ophthalmic services (including functions which it has been directed to exercise under subsection (4)). \n6) Subsection (4) does not apply to such functions, or functions of such descriptions, as may be prescribed. \n7) Where the Board gives a direction to a body under subsection (4) or (5), it may disclose to the body the information it has about the provision of the primary ophthalmic services in question, if the Board considers it necessary or appropriate to do so in order to enable or assist the body to exercise the function specified in the direction. \n8) A body which is given a direction under subsection (4) or (5) must report to the Board on matters arising out of the exercise of the function to which the direction relates. \n9) A report under subsection (8) must be made in such form and manner as the Board may specify. \n10) The Board may, in exercising its functions relating to the provision of the primary ophthalmic services in question, have regard to a report under subsection (8). \n4) After section 168 of that Act insert— *Directions*\n\n\nSection 168A) **Exercise of functions**\n\n1) The Secretary of State may direct the Board to exercise any of the Secretary of State's functions relating to services that may be provided as pharmaceutical services, or as local pharmaceutical services, under this Part. \n2) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. \n3) The Secretary of State may give directions to the Board about its exercise of any functions relating to pharmaceutical services or to local pharmaceutical services (including functions which the Board has been directed to exercise under subsection (1)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/49",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/49",
    "legislation_id": "ukpga/2012/7",
    "title": "Primary care services: directions as to exercise of functions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 49,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637520Z",
    "text": "Section 26) **Clinical commissioning groups: general duties etc.**\nAfter section 14O of the National Health Service Act 2006 insert— *General duties of clinical commissioning groups*\n\n\nSection 14P) **Duty to promote NHS Constitution**\n\n1) Each clinical commissioning group must, in the exercise of its functions— \n\ta) act with a view to securing that health services are provided in a way which promotes the NHS Constitution, and \n\tb) promote awareness of the NHS Constitution among patients, staff and members of the public. \n2) In this section,  “patients” and  “staff” have the same meaning as in Chapter 1 of Part 1 of the Health Act 2009 (see section 3(7) of that Act). \n\nSection 14Q) **Duty as to effectiveness, efficiency etc.**\nEach clinical commissioning group must exercise its functions effectively, efficiently and economically. \n\nSection 14R) **Duty as to improvement in quality of services**\n\n1) Each clinical commissioning group must exercise its functions with a view to securing continuous improvement in the quality of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness. \n2) In discharging its duty under subsection (1), a clinical commissioning group must, in particular, act with a view to securing continuous improvement in the outcomes that are achieved from the provision of the services. \n3) The outcomes relevant for the purposes of subsection (2) include, in particular, outcomes which show— \n\ta) the effectiveness of the services, \n\tb) the safety of the services, and \n\tc) the quality of the experience undergone by patients. \n4) In discharging its duty under subsection (1), a clinical commissioning group must have regard to any guidance published under section 14Z8. \n\nSection 14S) **Duty in relation to quality of primary medical services**\nEach clinical commissioning group must assist and support the Board in discharging its duty under section 13E so far as relating to securing continuous improvement in the quality of primary medical services. \n\nSection 14T) **Duties as to reducing inequalities**\nEach clinical commissioning group must, in the exercise of its functions, have regard to the need to— \n\ta) reduce inequalities between patients with respect to their ability to access health services, and \n\tb) reduce inequalities between patients with respect to the outcomes achieved for them by the provision of health services. \n\nSection 14U) **Duty to promote involvement of each patient**\n\n1) Each clinical commissioning group must, in the exercise of its functions, promote the involvement of patients, and their carers and representatives (if any), in decisions which relate to— \n\ta) the prevention or diagnosis of illness in the patients, or \n\tb) their care or treatment. \n2) The Board must publish guidance for clinical commissioning groups on the discharge of their duties under this section. \n3) A clinical commissioning group must have regard to any guidance published by the Board under subsection (2). \n\nSection 14V) **Duty as to patient choice**\nEach clinical commissioning group must, in the exercise of its functions, act with a view to enabling patients to make choices with respect to aspects of health services provided to them. \n\nSection 14W) **Duty to obtain appropriate advice**\n\n1) Each clinical commissioning group must obtain advice appropriate for enabling it effectively to discharge its functions from persons who (taken together) have a broad range of professional expertise in— \n\ta) the prevention, diagnosis or treatment of illness, and \n\tb) the protection or improvement of public health. \n2) The Board may publish guidance for clinical commissioning groups on the discharge of their duties under subsection (1). \n3) A clinical commissioning group must have regard to any guidance published by the Board under subsection (2). \n\nSection 14X) **Duty to promote innovation**\nEach clinical commissioning group must, in the exercise of its functions, promote innovation in the provision of health services (including innovation in the arrangements made for their provision). \n\nSection 14Y) **Duty in respect of research**\nEach clinical commissioning group must, in the exercise of its functions, promote— \n\ta) research on matters relevant to the health service, and \n\tb) the use in the health service of evidence obtained from research. \n\nSection 14Z) **Duty as to promoting education and training**\nEach clinical commissioning group must, in exercising its functions, have regard to the need to promote education and training for the persons mentioned in section 1F(1) so as to assist the Secretary of State in the discharge of the duty under that section. \n\nSection 14Z1) **Duty as to promoting integration**\n\n1) Each clinical commissioning group must exercise its functions with a view to securing that health services are provided in an integrated way where it considers that this would— \n\ta) improve the quality of those services (including the outcomes that are achieved from their provision), \n\tb) reduce inequalities between persons with respect to their ability to access those services, or \n\tc) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services. \n2) Each clinical commissioning group must exercise its functions with a view to securing that the provision of health services is integrated with the provision of health-related services or social care services where it considers that this would— \n\ta) improve the quality of the health services (including the outcomes that are achieved from the provision of those services), \n\tb) reduce inequalities between persons with respect to their ability to access those services, or \n\tc) reduce inequalities between persons with respect to the outcomes achieved for them by the provision of those services. \n3) In this section— \n\t- “health-related services” means services that may have an effect on the health of individuals but are not health services or social care services;\n\t- “social care services” means services that are provided in pursuance of the social services functions of local authorities (within the meaning of the Local Authority Social Services Act 1970).*Public involvement*\n\n\nSection 14Z2) **Public involvement and consultation by clinical commissioning groups**\n\n1) This section applies in relation to any health services which are, or are to be, provided pursuant to arrangements made by a clinical commissioning group in the exercise of its functions (“commissioning arrangements”). \n2) The clinical commissioning group must make arrangements to secure that individuals to whom the services are being or may be provided are involved (whether by being consulted or provided with information or in other ways)— \n\ta) in the planning of the commissioning arrangements by the group, \n\tb) in the development and consideration of proposals by the group for changes in the commissioning arrangements where the implementation of the proposals would have an impact on the manner in which the services are delivered to the individuals or the range of health services available to them, and \n\tc) in decisions of the group affecting the operation of the commissioning arrangements where the implementation of the decisions would (if made) have such an impact. \n3) The clinical commissioning group must include in its constitution— \n\ta) a description of the arrangements made by it under subsection (2), and \n\tb) a statement of the principles which it will follow in implementing those arrangements. \n4) The Board may publish guidance for clinical commissioning groups on the discharge of their functions under this section. \n5) A clinical commissioning group must have regard to any guidance published by the Board under subsection (4). \n6) The reference in subsection (2)(b) to the delivery of services is a reference to their delivery at the point when they are received by users. *Arrangements with others*\n\n\nSection 14Z3) **Arrangements by clinical commissioning groups in respect of the exercise of functions**\n\n1) Any two or more clinical commissioning groups may make arrangements under this section. \n2) The arrangements may provide for— \n\ta) one of the clinical commissioning groups to exercise any of the commissioning functions of another on its behalf, or \n\tb) all the clinical commissioning groups to exercise any of their commissioning functions jointly. \n3) For the purposes of the arrangements a clinical commissioning group may— \n\ta) make payments to another clinical commissioning group, or \n\tb) make the services of its employees or any other resources available to another clinical commissioning group. \n4) For the purposes of the arrangements, all the clinical commissioning groups may establish and maintain a pooled fund. \n5) A pooled fund is a fund— \n\ta) which is made up of contributions by all the groups, and \n\tb) out of which payments may be made towards expenditure incurred in the discharge of any of the commissioning functions in respect of which the arrangements are made. \n6) Arrangements made under this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions. \n7) In this section,  “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service (including the function of making a request to the Board for the purposes of section 14Z9). \n\nSection 14Z4) **Joint exercise of functions with Local Health Boards**\n\n1) Regulations may provide for any prescribed functions of a clinical commissioning group to be exercised jointly with a Local Health Board. \n2) Regulations may provide for any functions that are (by virtue of subsection (1)) exercisable jointly by a clinical commissioning group and a Local Health Board to be exercised by a joint committee of the group and the Local Health Board. \n3) Arrangements made by virtue of this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions. *Additional powers of clinical commissioning groups*\n\n\nSection 14Z5) **Raising additional income**\n\n1) A clinical commissioning group has power to do anything specified in section 7(2)(a), (b) and (e) to (h) of the Health and Medicines Act 1988 (provision of goods etc.) for the purpose of making additional income available for improving the health service. \n2) A clinical commissioning group may exercise a power conferred by subsection (1) only to the extent that its exercise does not to any significant extent interfere with the performance by the group of its functions. \n\nSection 14Z6) **Power to make grants**\n\n1) A clinical commissioning group may make payments by way of grant or loan to a voluntary organisation which provides or arranges for the provision of services which are similar to the services in respect of which the group has functions. \n2) The payments may be made subject to such terms and conditions as the group considers appropriate. *Board's functions in relation to clinical commissioning groups*\n\n\nSection 14Z7) **Responsibility for payments to providers**\n\n1) The Board may publish a document specifying— \n\ta) circumstances in which a clinical commissioning group is liable to make a payment to a person in respect of services provided by that person in pursuance of arrangements made by another clinical commissioning group in the discharge of its commissioning functions, and \n\tb) how the amount of any such payment is to be determined. \n2) A clinical commissioning group is required to make payments in accordance with any document published under subsection (1). \n3) Where a clinical commissioning group is required to make a payment by virtue of subsection (2), no other clinical commissioning group is liable to make it. \n4) Accordingly, any obligation of another clinical commissioning group to make the payment ceases to have effect. \n5) Any sums payable by virtue of subsection (2) may be recovered summarily as a civil debt (but this does not affect any other method of recovery). \n6) The Board may publish guidance for clinical commissioning groups for the purpose of assisting them in understanding and applying any document published under subsection (1). \n7) In this section and section 14Z8,  “commissioning functions” means the functions of clinical commissioning groups in arranging for the provision of services as part of the health service. \n\nSection 14Z8) **Guidance on commissioning by the Board**\n\n1) The Board must publish guidance for clinical commissioning groups on the discharge of their commissioning functions. \n2) Each clinical commissioning group must have regard to guidance under this section. \n3) The Board must consult the Healthwatch England committee of the Care Quality Commission— \n\ta) before it first publishes guidance under this section, and \n\tb) before it publishes any revised guidance containing changes that are, in the opinion of the Board, significant. \n\nSection 14Z9) **Exercise of functions by the Board**\n\n1) The Board may, at the request of a clinical commissioning group, exercise on behalf of the group— \n\ta) any of its functions under section 3 or 3A which are specified in the request, and \n\tb) any other functions of the group which are related to the exercise of those functions. \n2) Regulations may provide that the power in subsection (1) does not apply in relation to functions of a prescribed description. \n3) Arrangements under this section may be on such terms and conditions (including terms as to payment) as may be agreed between the Board and the clinical commissioning group. \n4) Arrangements made under this section do not affect the liability of a clinical commissioning group for the exercise of any of its functions. \n\nSection 14Z10) **Power of Board to provide assistance or support**\n\n1) The Board may provide assistance or support to a clinical commissioning group. \n2) The assistance that may be provided includes— \n\ta) financial assistance, and \n\tb) making the services of the Board's employees or any other resources of the Board available to the clinical commissioning group. \n3) Assistance or support provided under this section may be provided on such terms and conditions, including terms as to payment, as the Board considers appropriate. \n4) The Board may, in particular, impose restrictions on the use of any financial or other assistance or support provided under this section. \n5) A clinical commissioning group must comply with any restrictions imposed under subsection (4). *Commissioning plans and reports*\n\n\nSection 14Z11) **Commissioning plan**\n\n1) Before the start of each relevant period, a clinical commissioning group must prepare a plan setting out how it proposes to exercise its functions in that period. \n2) In subsection (1),  “relevant period”, in relation to a clinical commissioning group, means— \n\ta) the period which — \n\t\ti) begins on such day during the first financial year of the group as the Board may direct, and \n\t\tii) ends at the end of that financial year, and \n\tb) each subsequent financial year. \n3) The plan must, in particular, explain how the group proposes to discharge its duties under— \n\ta) sections 14R, 14T and 14Z2, and \n\tb) sections 223H to 223J. \n4) The clinical commissioning group must publish the plan. \n5) The clinical commissioning group must give a copy of the plan to the Board before the date specified by the Board in a direction. \n6) The clinical commissioning group must give a copy of the plan to each relevant Health and Wellbeing Board. \n7) The Board may publish guidance for clinical commissioning groups on the discharge of their functions by virtue of this section and sections 14Z12 and 14Z13. \n8) A clinical commissioning group must have regard to any guidance published by the Board under subsection (7). \n9) In this Chapter,  “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, means a Health and Wellbeing Board established by a local authority whose area coincides with, or includes the whole or any part of, the area of the group. \n\nSection 14Z12) **Revision of commissioning plans**\n\n1) A clinical commissioning group may revise a plan published by it under section 14Z11. \n2) If the clinical commissioning group revises the plan in a way which it considers to be significant— \n\ta) the group must publish the revised plan, and \n\tb) subsections (5) and (6) of section 14Z11 apply in relation to the revised plan as they apply in relation to the original plan. \n3) If the clinical commissioning group revises the plan in any other way, the group must— \n\ta) publish a document setting out the changes it has made to the plan, and \n\tb) give a copy of the document to the Board and each relevant Health and Wellbeing Board. \n\nSection 14Z13) **Consultation about commissioning plans**\n\n1) This section applies where a clinical commissioning group is— \n\ta) preparing a plan under section 14Z11, or \n\tb) revising a plan under section 14Z12 in a way which it considers to be significant. \n2) The clinical commissioning group must consult individuals for whom it has responsibility for the purposes of section 3. \n3) The clinical commissioning group must involve each relevant Health and Wellbeing Board in preparing or revising the plan. \n4) The clinical commissioning group must, in particular— \n\ta) give each relevant Health and Wellbeing Board a draft of the plan or (as the case may be) the plan as revised, and \n\tb) consult each such Board on whether the draft takes proper account of each joint health and wellbeing strategy published by it which relates to the period (or any part of the period) to which the plan relates. \n5) Where a Health and Wellbeing Board is consulted under subsection (4)(b), the Health and Wellbeing Board must give the clinical commissioning group its opinion on the matter mentioned in that subsection. \n6) Where a Health and Wellbeing Board is consulted under subsection (4)(b)— \n\ta) it may also give the Board its opinion on the matter mentioned in that subsection, and \n\tb) if it does so, it must give the clinical commissioning group a copy of its opinion. \n7) If a clinical commissioning group revises or further revises a draft after it has been given to each relevant Health and Wellbeing Board under subsection (4), subsections (4) to (6) apply in relation to the revised draft as they apply in relation to the original draft. \n8) A clinical commissioning group must include in a plan published under section 14Z11(4) or 14Z12(2)— \n\ta) a summary of the views expressed by individuals consulted under subsection (2), \n\tb) an explanation of how the group took account of those views, and \n\tc) a statement of the final opinion of each relevant Health and Wellbeing Board consulted in relation to the plan under subsection (4). \n9) In this section,  “joint health and wellbeing strategy” means a strategy under section 116A of the Local Government and Public Involvement in Health Act 2007 which is prepared and published by a Health and Wellbeing Board by virtue of section 196 of the Health and Social Care Act 2012. \n\nSection 14Z14) **Opinion of Health and Wellbeing Boards on commissioning plans**\n\n1) A relevant Health and Wellbeing Board— \n\ta) may give the Board its opinion on whether a plan published by a clinical commissioning group under section 14Z11(4) or 14Z12(2) takes proper account of each joint health and wellbeing strategy published by the Health and Wellbeing Board which relates to the period (or any part of the period) to which the plan relates, and \n\tb) if it does so, must give the clinical commissioning group a copy of its opinion. \n2) In this section,  “joint health and wellbeing strategy” has the same meaning as in section 14Z13. \n\nSection 14Z15) **Reports by clinical commissioning groups**\n\n1) In each financial year other than its first financial year, a clinical commissioning group must prepare a report (an  “annual report”) on how it has discharged its functions in the previous financial year. \n2) An annual report must, in particular— \n\ta) explain how the clinical commissioning group has discharged its duties under sections 14R, 14T and 14Z2, and \n\tb) review the extent to which the group has contributed to the delivery of any joint health and wellbeing strategy to which it was required to have regard under section 116B(1)(b) of the Local Government and Public Involvement in Health Act 2007. \n3) In preparing the review required by subsection (2)(b), the clinical commissioning group must consult each relevant Health and Wellbeing Board. \n4) The Board may give directions to clinical commissioning groups as to the form and content of an annual report. \n5) A clinical commissioning group must give a copy of its annual report to the Board before the date specified by the Board in a direction. \n6) A clinical commissioning group must— \n\ta) publish its annual report, and \n\tb) hold a meeting for the purpose of presenting the report to members of the public. *Performance assessment of clinical commissioning groups*\n\n\nSection 14Z16) **Performance assessment of clinical commissioning groups**\n\n1) The Board must conduct a performance assessment of each clinical commissioning group in respect of each financial year. \n2) A performance assessment is an assessment of how well the clinical commissioning group has discharged its functions during that year. \n3) The assessment must, in particular, include an assessment of how well the group has discharged its duties under— \n\ta) sections 14R, 14T, 14W and 14Z2, \n\tb) sections 223H to 223J, and \n\tc) section 116B(1) of the Local Government and Public Involvement in Health Act 2007 (duty to have regard to assessments and strategies). \n4) In conducting a performance assessment, the Board must consult each relevant Health and Wellbeing Board as to its views on the clinical commissioning group's contribution to the delivery of any joint health and wellbeing strategy to which the group was required to have regard under section 116B(1)(b) of that Act of 2007. \n5) The Board must, in particular, have regard to— \n\ta) any document published by the Secretary of State for the purposes of this section, and \n\tb) any guidance published under section 14Z8. \n6) The Board must publish a report in respect of each financial year containing a summary of the results of each performance assessment conducted by the Board in respect of that year. *Powers to require information etc.*\n\n\nSection 14Z17) **Circumstances in which powers in sections 14Z18 and 14Z19 apply**\n\n1) Sections 14Z18 and 14Z19 apply where the Board has reason to believe— \n\ta) that the area of a clinical commissioning group is no longer appropriate, or \n\tb) that a clinical commissioning group might have failed, might be failing or might fail to discharge any of its functions. \n2) For the purposes of this section— \n\ta) a failure to discharge a function includes a failure to discharge it properly, and \n\tb) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board considers to be the interests of the health service. \n\nSection 14Z18) **Power to require documents and information etc.**\n\n1) Where this section applies, the Board may require a person mentioned in subsection (2) to provide to the Board any information, documents, records or other items that the Board considers it necessary or expedient to have for the purposes of any of its functions in relation to the clinical commissioning group. \n2) The persons mentioned in this subsection are— \n\ta) the clinical commissioning group if it has possession or control of the item in question; \n\tb) any member or employee of the group who has possession or control of the item in question. \n3) A person must comply with a requirement imposed under subsection (1). \n4) The power conferred by subsection (1) includes power to require that any information, documents or records kept by means of a computer be provided in legible form. \n5) The power conferred by subsection (1) does not include power to require the provision of personal records. \n6) In subsection (5),  “personal records” has the meaning given by section 12 of the Police and Criminal Evidence Act 1984. \n\nSection 14Z19) **Power to require explanation**\n\n1) Where this section applies, the Board may require the clinical commissioning group to provide it with an explanation of any matter which relates to the exercise by the group of any of its functions, including an explanation of how the group is proposing to exercise any of its functions. \n2) The Board may require the explanation to be given— \n\ta) orally at such time and place as the Board may specify, or \n\tb) in writing. \n3) The clinical commissioning group must comply with a requirement imposed under subsection (1). \n\nSection 14Z20) **Use of information**\nAny information, documents, records or other items that are obtained by the Board in pursuance of section 14Z18 or 14Z19 may be used by the Board in connection with any of its functions in relation to clinical commissioning groups. *Intervention powers*\n\n\nSection 14Z21) **Power to give directions, dissolve clinical commissioning groups etc.**\n\n1) This section applies if the Board is satisfied that— \n\ta) a clinical commissioning group is failing or has failed to discharge any of its functions, or \n\tb) there is a significant risk that a clinical commissioning group will fail to do so. \n2) The Board may direct the clinical commissioning group to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction. \n3) The Board may direct— \n\ta) the clinical commissioning group, or \n\tb) the accountable officer of the group, to cease to perform any functions for such period or periods as may be specified in the direction. \n4) The Board may— \n\ta) terminate the appointment of the clinical commissioning group's accountable officer, and \n\tb) appoint another person to be its accountable officer. \n5) Paragraph 12(4) of Schedule 1A does not apply to an appointment under subsection (4)(b). \n6) The Board may vary the constitution of the clinical commissioning group, including doing so by— \n\ta) varying its area, \n\tb) adding any person who is a provider of primary medical services to the list of members, or \n\tc) removing any person from that list. \n7) The Board may dissolve the clinical commissioning group. \n8) Where a direction is given under subsection (3) the Board may— \n\ta) exercise any of the functions that are the subject of the direction on behalf of the clinical commissioning group or (as the case may be) the accountable officer; \n\tb) direct another clinical commissioning group or (as the case may be) the accountable officer of another clinical commissioning group to perform any of those functions on behalf of the group or (as the case may be) the accountable officer, in such manner and within such period or periods as may be specified in the directions. \n9) A clinical commissioning group to which a direction is given under subsection (3) must— \n\ta) where the Board exercises a function of the group under subsection (8)(a), co-operate with the Board, and \n\tb) where a direction is given under subsection (8)(b) to another clinical commissioning group or to the accountable officer of another clinical commissioning group, co-operate with the other group or (as the case may be) the accountable officer. \n10) Before exercising the power conferred by subsection (8)(b) the Board must consult the clinical commissioning group to which it is proposing to give the direction. \n11) Where the Board exercises a power conferred by subsection (6) or (7), the Board may make a property transfer scheme or a staff transfer scheme. \n12) In subsection (11),  “property transfer scheme” and  “staff transfer scheme” have the same meaning as in section 14I. \n13) Part 3 of Schedule 1A applies in relation to a property transfer scheme or a staff transfer scheme under subsection (11) as it applies in relation to a property transfer scheme or (as the case may be) a staff transfer scheme under section 14I(1). \n14) For the purposes of this section— \n\ta) a failure to discharge a function includes a failure to discharge it properly, and \n\tb) a failure to discharge a function properly includes a failure to discharge it consistently with what the Board considers to be the interests of the health service. *Procedural requirements in connection with certain powers*\n\n\nSection 14Z22) **Procedural requirements in connection with certain powers**\n\n1) Before exercising the power to dissolve a clinical commissioning group under section 14Z21(7) the Board must consult the following persons— \n\ta) the clinical commissioning group, \n\tb) relevant local authorities, and \n\tc) any other persons the Board considers it appropriate to consult. \n2) For that purpose, the Board must provide those persons with a statement— \n\ta) explaining that it is proposing to exercise the power, and \n\tb) giving its reasons for doing so. \n3) After consulting those persons (and before exercising the power), the Board must publish a report containing its response to the consultation. \n4) If the Board decides to exercise the power, the report must, in particular, explain its reasons for doing so. \n5) Regulations may make provision as to the procedure to be followed by the Board before the exercise of the powers conferred by sections 14Z18, 14Z19 and 14Z21. \n6) The Board must publish guidance as to how it proposes to exercise the powers conferred by those sections. \n7) For the purposes of subsection (1) a local authority is a relevant local authority if its area coincides with, or includes the whole or any part of, the area of the clinical commissioning group. *Disclosure of information*\n\n\nSection 14Z23) **Permitted disclosures of information**\n\n1) A clinical commissioning group may disclose information obtained by it in the exercise of its functions if— \n\ta) the information has previously been lawfully disclosed to the public, \n\tb) the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care or social services), \n\tc) the disclosure is made in accordance with any enactment or court order, \n\td) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual, \n\te) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person under any enactment, \n\tf) the disclosure is made for the purpose of facilitating the exercise of any of the clinical commissioning group's functions, \n\tg) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or \n\th) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom). \n2) Paragraphs (a) to (c) and (h) of subsection (1) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure. *Interpretation*\n\n\nSection 14Z24) **Interpretation**\n\n1) In this Chapter— \n\t- “financial year”, in relation to a clinical commissioning group, includes the period which begins on the day the group is established and ends on the following 31 March;\n\t- “the health service” means the health service in England;\n\t- “health services” means services provided as part of the health service and, in section 14Z2, also includes services that are to be provided as part of the health service;\n\t- “relevant Health and Wellbeing Board”, in relation to a clinical commissioning group, has the meaning given by section 14Z11(9).\n2) Any reference (however expressed) in the following provisions of this Act to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A— \n\t- section 6E(7) and (10)(b),\n\t- section 14C(2)(e),\n\t- section 14P,\n\t- section 14Q,\n\t- section 14T,\n\t- section 14U(1),\n\t- section 14V,\n\t- section 14W(1),\n\t- section 14X,\n\t- section 14Y,\n\t- section 14Z,\n\t- section 14Z1(1) and (2),\n\t- section 14Z2(1),\n\t- section 14Z4(1),\n\t- section 14Z5(2),\n\t- section 14Z6(1),\n\t- section 14Z7(7),\n\t- section 14Z11(1),\n\t- section 14Z15(1),\n\t- section 14Z16(2),\n\t- sections 14Z17(1), 14Z19(1) and 14Z21(1) and (3),\n\t- section 14Z23(1),\n\t- section 72(1),\n\t- section 75(1)(a) and (2),\n\t- section 77(1)(b),\n\t- section 82,\n\t- section 89(1A)(d),\n\t- section 94(3A)(d),\n\t- section 223C(2)(b),\n\t- section 223H(1),\n\t- in Schedule 1A, paragraphs 3(1) and (3), 6, 12(9)(b) and 16(3).\n3) Any reference (however expressed) in the following provisions of other Acts to the functions of a clinical commissioning group includes a reference to the functions of the Secretary of State that are exercisable by the group by virtue of arrangements under section 7A— \n\t- sections 116 to 116B of the Local Government and Public Involvement in Health Act 2007 (joint strategic needs assessments etc.),\n\t- section 199(4) of the Health and Social Care Act 2012 (supply of information to Health and Wellbeing Boards),\n\t- section 291(2)(d) of that Act (breaches of duties to co-operate),\n\t- in Schedule 6 to that Act, paragraph 8(4).\n4) The Secretary of State may by order amend the list of provisions specified in subsection (2) or (3). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/26",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/26",
    "legislation_id": "ukpga/2012/7",
    "title": "Clinical commissioning groups: general duties etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 26,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638880Z",
    "text": "SCHEDULE 4 Amendments of the National Health Service Act 2006 Section 55(1) ## PART 1\n## The health service in England\n\n\n1) \n1) For section 2 substitute— \n\nSection 2) **General power**\nThe Secretary of State, the Board or a clinical commissioning group may do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any function conferred on that person by this Act. \n2) For the cross-heading preceding section 2 substitute  “General power”. \n2) \n1) Section 6 (performance of functions outside England) is amended as follows. \n2) For subsection (1) substitute— \n1) Where the Secretary of State has a duty or power to provide anything under section 2A or 2B or Schedule 1, that thing may be provided outside England. \n3) After subsection (1) insert— \n1A) Where a clinical commissioning group or the Board has a duty or power to arrange for the provision of anything under section 3, 3A, 3B or 4 or Schedule 1, it may arrange for that thing to be provided outside England. \n4) In subsection (2) for  “The Secretary of State's functions” substitute  “The functions of the Secretary of State, the Board and clinical commissioning groups”. \n3) \n1) Section 6A (reimbursement of cost of services provided in another EEA state) is amended as follows. \n2) In subsection (3)(b) after  “Secretary of State” insert  “, the Board”. \n3) In subsection (7) after  “Secretary of State” insert  “, the Board”. \n4) In subsection (8) in each of paragraphs (a) and (b)— \n\ta) after  “Secretary of State” insert  “, the Board”, and \n\tb) for  “either of them” substitute  “any of them”. \n5) In subsection (9), after  “Secretary of State” (in the second place it occurs) insert  “, the Board”. \n6) In subsection (11), in the definition of  “responsible authority”— \n\ta) omit  “Strategic Health Authority or”, \n\tb) omit  “Primary Care Trust”, \n\tc) before  “responsible under” insert  “a local authority or clinical commissioning group”, and \n\td) for  “securing” substitute  “arranging for”. \n4) \n1) Section 6B (prior authorisation for the purposes of section 6A) is amended as follows. \n2) In subsection (2)(b) after  “Secretary of State” insert  “, the Board”. \n3) In subsection (5), in each of paragraphs (b) and (c) after  “the Secretary of State” insert  “, the Board”. \n5) \n1) In section 8 (Secretary of State's directions to health service bodies), in subsection (2)— \n\ta) omit paragraph (a), and \n\tb) omit paragraph (b). \n2) In the heading to that section after  “to” insert  “certain”. \n3) Before section 8 insert the following cross-heading  “Directions to certain NHS bodies”. \n6) \n1) Section 9 (NHS contracts) is amended as follows. \n2) In subsection (4)— \n\ta) before paragraph (a) insert— \n\t\tza) the Board, \n\t\tzb) a clinical commissioning group, , \n\tb) omit paragraph (a), and \n\tc) omit paragraph (b). \n7) In section 11 (arrangements to be treated as NHS contracts), in subsection (1)— \n\ta) after  “under which” insert  “the Board,”, \n\tb) omit  “a Strategic Health Authority,” and \n\tc) omit  “a Primary Care Trust”. \n8) \n1) Section 12 (arrangements with other bodies) is amended as follows. \n2) In subsection (1) for  “any service under this Act” substitute  “anything which the Secretary of State has a duty or power to provide, or arrange for the provision of, under section 2A or 2B or Schedule 1”. \n3) For subsection (2) substitute— \n2) The bodies with whom arrangements may be made under subsection (1) include— \n\ta) the Board, \n\tb) clinical commissioning groups, \n\tc) any other public authorities, and \n\td) voluntary organisations. \n4) For subsection (3) substitute— \n3) The Secretary of State may make available any facilities provided by the Secretary of State under section 2A or 2B or Schedule 1 to any service provider or to any eligible voluntary organisation. \n3A) In subsection (3)— \n\t- “eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;\n\t- “service provider” means a person or body with whom the Secretary of State has made an arrangement under subsection (1).\n5) In subsection (4)— \n\ta) after paragraph (a) insert— \n\t\taa) the Board, \n\t\tab) a clinical commissioning group, \n\t\tac) a local authority, , \n\tb) omit paragraph (b), and \n\tc) omit paragraph (c). \n6) After subsection (4) insert— \n4A) In subsection (4),  “local authority” has the same meaning as in section 2B. \n7) For the cross-heading preceding section 12 substitute  “Arrangements with other bodies”. \n9) After section 12 insert— \n\nSection 12ZA) **Commissioning arrangements by the Board or clinical commissioning groups**\n\n1) This section applies in relation to arrangements made by the Board or a clinical commissioning group in the exercise of functions under section 3, 3A, 3B or 4 or Schedule 1. \n2) The arrangements may be made with any person or body (including public authorities and voluntary organisations). \n3) If the Board or a clinical commissioning group arranges for the provision of facilities by a service provider, it may also make arrangements for those facilities to be made available to another service provider or to an eligible voluntary organisation. \n4) The Board or a clinical commissioning group may make available any of its facilities to— \n\ta) a service provider, or \n\tb) an eligible voluntary organisation. \n5) Where facilities are made available under subsection (4) any of the following persons may make available the services of any employee of that person who is employed in connection with the facilities— \n\ta) the Secretary of State, \n\tb) the Board, \n\tc) a clinical commissioning group, \n\td) a Special Health Authority, or \n\te) a Local Health Board. \n6) Goods or materials may be made available under this section either temporarily or permanently. \n7) Any power to supply goods or materials under this section includes— \n\ta) a power to purchase or store them, and \n\tb) a power to arrange with third parties for the supply of goods or materials by those third parties. \n8) Powers under this section may be exercised on such terms as may be agreed, including terms as to the making of payments. \n9) In this section— \n\t- “eligible voluntary organisation” means a voluntary organisation eligible for assistance under section 64 or section 65 of the Health Services and Public Health Act 1968;\n\t- “service provider” means a person or body with whom the Board or a clinical commissioning group has made arrangements in the exercise of the functions mentioned in subsection (1).\n10) \n1) Section 12A (direct payments for health care) is amended as follows. \n2) In subsection (1) after  “The Secretary of State” insert  “, the Board, a clinical commissioning group or a local authority”. \n3) In subsection (2)— \n\ta) for paragraph (a) substitute— \n\t\ta) anything that the Secretary of State or a local authority has a duty or power to provide or arrange under section 2A or 2B or Schedule 1; , \n\tb) after that paragraph insert— \n\t\taa) anything that the Board or a clinical commissioning group may or must arrange for the provision of under this Act or any other enactment. , and \n\tc) omit paragraphs (b) and (c). \n4) In subsection (4)— \n\ta) for  “a Primary Care Trust” substitute  “a clinical commissioning group”, \n\tb) for  “the trust” substitute  “the group”, and \n\tc) at the end insert  “; and the references in this subsection to a clinical commissioning group are, so far as necessary for the purposes of regulations under subsection (2E) of that section, to be read as references to the Board.” \n5) In subsection (5), omit  “or under regulations under subsection (4)”. \n6) After subsection (6) insert— \n7) In this section and sections 12B to 12D,  “local authority” has the same meaning as in section 2B. \n11) \n1) Section 12B (regulations about direct payments) is amended as follows. \n2) In subsection (2), in each of paragraphs (d), (g), (h) and (j), for  “or the Primary Care Trust” substitute  “, the Board, a clinical commissioning group or a local authority”. \n3) In subsection (4) — \n\ta) for  “or the Primary Care Trust”, in the first place it occurs, substitute  “, the Board, a clinical commissioning group or a local authority”, and \n\tb) for  “or the Primary Care Trust”, in the second place it occurs, substitute  “the Board, a clinical commissioning group or a local authority (as the case may be)”. \n4) In subsection (5)— \n\ta) in paragraph (a), after  “the Secretary of State” insert  “or a local authority or as arranged for by the Board or a clinical commissioning group (as the case may be)”, and \n\tb) in paragraph (b) for  “a Primary Care Trust with respect to the provision of” substitute  “the Board, a clinical commissioning group or a local authority with respect to the arrangement for the provision of”. \n12) In section 12D (arrangements with other bodies relating to direct payments)— \n\ta) in subsection (1) after  “the Secretary of State” insert  “, the Board, a clinical commissioning group or a local authority”, and \n\tb) in subsection (3) after  “the Secretary of State” insert  “, the Board, a clinical commissioning group or a local authority”. ## PART 2\n## NHS Bodies\n\n\n13) In section 28 (special health authorities), omit subsection (6). \n14) In section 29 (exercise of Special Health Authority functions), in subsection (2)(a)— \n\ta) omit  “, section 14”, and \n\tb) omit  “, section 19”. \n15) Omit Chapter 5B of Part 2 (trust special administrators: Primary Care Trusts). \n16) In section 67 (effect of intervention orders), in subsection (1)— \n\ta) in paragraph (a)— \n\t\ti) omit  “Strategic Health Authority,” and \n\t\tii) omit  “Primary Care Trust,” and \n\tb) in paragraph (b)— \n\t\ti) omit  “Strategic Health Authority,” and \n\t\tii) omit  “Primary Care Trust,”. \n17) In section 70 (transfer of residual liabilities)— \n\ta) in subsection (1)— \n\t\ti) omit  “a Strategic Health Authority,”, and \n\t\tii) omit  “a Primary Care Trust,”, and \n\tb) in the heading, at the end insert  “of certain health service bodies”. \n18) \n1) Section 71 (schemes for meeting losses and liabilities in respect of certain health service bodies) is amended as follows. \n2) In subsection (2)— \n\ta) after  “are—” insert— \n\t\tza) the Board, \n\t\tzb) clinical commissioning groups, , \n\tb) omit paragraph (a), \n\tc) omit paragraph (b), \n\td) after paragraph (h) (and before the  “and” immediately following it) insert— \n\t\tha) a company formed under section 223 and wholly or partly owned by the Secretary of State or the Board, \n\t\thb) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State,”, and \n\te) in paragraph (i)— \n\t\ti) for  “paragraphs (a) to (h)”, in the first place where it occurs, substitute  “paragraphs (za) to (hb)”, and \n\t\tii) for  “paragraphs (a) to (h)”, in the second place where it occurs, substitute  “paragraphs (za) to (h)”. \n3) In subsection (2A)— \n\ta) after paragraph (a) insert— \n\t\tab) in relation to a company within paragraph (ha) or (hb) of subsection (2), means the company's activities in providing facilities or services to any person or body; , and \n\tb) in paragraph (b) for  “paragraphs (a) to (h)” substitute  “paragraphs (za) to (h)”. \n4) In subsection (3)(a)— \n\ta) after  “the Secretary of State” insert  “or the Board”, \n\tb) omit  “Strategic Health Authority,”, and \n\tc) omit  “Primary Care Trust,”. \n5) In subsection (5), for  “(a) to (d),” substitute  “(c), (d),”. \n6) In subsection (6)— \n\ta) after  “the Secretary of State,” insert  “the Board or”, \n\tb) omit  “Strategic Health Authority,” and \n\tc) omit  “Primary Care Trust,”. \n19) In section 73 (directions and regulations), in subsection (1) omit paragraphs (c) to (f). \n20) Omit Schedule 2. \n21) Omit Schedule 3. \n22) \n1) Schedule 4 (NHS trusts) is amended as follows. \n2) In paragraph (5)(1)(f), omit  “Primary Care Trusts,”. \n3) In paragraph 6— \n\ta) in sub-paragraph (1) — \n\t\ti) omit  “Strategic Health Authority,” and \n\t\tii) omit  “, Primary Care Trust”, and \n\tb) in sub-paragraph (2) — \n\t\ti) omit  “Strategic Health Authority,” and \n\t\tii) omit  “, Primary Care Trust”. \n4) In paragraph 7(3), omit  “Strategic Health Authority,”. \n5) In paragraph 8— \n\ta) in sub-paragraph (1), omit  “, Primary Care Trust” (in each place where it occurs), and \n\tb) in sub-paragraph (4), omit  “, Primary Care Trust”, \n\tc) in sub-paragraph (5), omit  “, Primary Care Trust” (in each place where it occurs), \n\td) in sub-paragraph (6)(b), omit  “, Primary Care Trust”, and \n\te) in sub-paragraph (9)(b), omit  “, Primary Care Trust”. \n6) In paragraph 9— \n\ta) in sub-paragraph (1)— \n\t\ti) omit  “a Strategic Health Authority,”, and \n\t\tii) omit  “a Primary Care Trust,”, \n\tb) in sub-paragraph (3)— \n\t\ti) omit  “Strategic Health Authority,”, and \n\t\tii) omit  “Primary Care Trust,”, \n\tc) in sub-paragraph (6)— \n\t\ti) omit  “a Strategic Health Authority,”, and \n\t\tii) omit  “, a Primary Care Trust,”, \n\td) in sub-paragraph (7)— \n\t\ti) in paragraph (a), omit  “Strategic Health Authority,”, \n\t\tii) in that paragraph omit  “or belong to a Primary Care Trust”, and \n\t\tiii) in the words following paragraph (b)— \n\t\t\ta) omit  “Strategic Health Authority,”, and \n\t\t\tb) omit  “Primary Care Trust,”. \n7) In paragraph 15, omit sub-paragraphs (2) and (3). \n8) In paragraph 18— \n\ta) omit  “Strategic Health Authority,” and \n\tb) omit  “Primary Care Trust,”. \n9) In paragraph 29, in sub-paragraph (3) omit  “Strategic Health Authority,”. \n10) In paragraph 30, in sub-paragraph (1)— \n\ta) omit  “Strategic Health Authority,” and \n\tb) omit  “Primary Care Trust,”. \n23) \n1) Schedule 6 (special health authorities established under section 28) is amended as follows. \n2) In paragraph 3(8)— \n\ta) for  “to a Strategic Health Authority” substitute  “to the Board”, and \n\tb) for  “a Strategic Health Authority” substitute  “the Board”. \n3) In paragraph 3(12)— \n\ta) in paragraph (a) for  “of a Strategic Health Authority” substitute  “of the Board”, and \n\tb) in paragraph (b) omit  “or by a Strategic Health Authority”. \n4) In paragraph 13 for  “a Strategic Health Authority” substitute  “the Board”. ## PART 3\n## Local authorities\n\n\n24) In section 74 (supply of goods and services by local authorities), in subsection (1)(a)— \n\ta) at the beginning insert  “the Board and”, \n\tb) after  “any” insert  “clinical commissioning group or,”, \n\tc) omit  “Strategic Health Authority,” and \n\td) omit  “or Primary Care Trust”. \n25) In section 76 (power of local authorities to make payments), in subsection (1)— \n\ta) after the first  “to” insert  “the Board, a clinical commissioning group”, \n\tb) omit  “a Strategic Health Authority,” and \n\tc) omit  “a Primary Care Trust”. \n26) In section 77 (Care Trusts), in each of subsections (1)(a), (10) and (12) omit  “a Primary Care Trust or”. \n27) In section 78 (directed partnership agreements), in subsection (3)— \n\ta) omit paragraph (a), and \n\tb) omit paragraph (b). \n28) \n1) Section 80 (supply of goods and services by the Secretary of State) is amended as follows. \n2) In subsection (1)— \n\ta) after  “The Secretary of State” insert  “, the Board or a clinical commissioning group”, and \n\tb) in paragraph (b) for  “he” substitute  “the Secretary of State”. \n3) In subsection (3)— \n\ta) in paragraph (a) omit  “or by a Primary Care Trust”, and \n\tb) in paragraph (b)— \n\t\ti) omit  “a Strategic Health Authority,” and \n\t\tii) omit  “a Primary Care Trust,”. \n4) After subsection (3) insert— \n3A) The Board or a clinical commissioning group may make available to persons falling within subsection (1)— \n\ta) any facilities the provision of which is arranged by the Board or (as the case may be) the clinical commissioning group under this Act (including by virtue of section 7A), \n\tb) any facilities of the Board or (as the case may be) the group, and \n\tc) the services of persons employed by the Board or (as the case may be) the group. \n5) In subsection (4) after  “carry out” insert  “, and the Board or a clinical commissioning group may arrange for the carrying out of,”. \n6) In subsection (5), for  “The Secretary of State” substitute  “The Board”. \n7) In subsection (6)— \n\ta) in paragraph (a), after  “provided” insert  “by the Secretary of State”, \n\tb) in paragraph (b)— \n\t\ti) omit  “a Strategic Health Authority,” and \n\t\tii) omit  “a Primary Care Trust,” and \n\tc) in paragraph (c)— \n\t\ti) omit  “a Strategic Health Authority,” and \n\t\tii) omit  “a Primary Care Trust,”. \n8) After subsection (6) insert— \n6A) The Board and each clinical commissioning group must make available to local authorities— \n\ta) any services (other than the services of any person) or other facilities the provision of which is arranged by the Board or (as the case may be) the clinical commissioning group under this Act, \n\tb) the services of persons employed by the Board or (as the case may be) the group, and \n\tc) any facilities of the Board or (as the case may be) the group, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. \n9) In subsection (7)— \n\ta) for  “The Secretary of State” substitute  “The Board”, \n\tb) at the end of paragraph (c) insert  “or”, and \n\tc) omit paragraph (e) and the word  “or” immediately preceding it. \n10) After that subsection insert— \n8) The Secretary of State may arrange to make available to local authorities the services of persons providing Special Health Authorities or Local Health Boards with services of a kind provided as part of the health service, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. \n9) The Board or a clinical commissioning group may arrange to make available to local authorities the services of persons providing services pursuant to arrangements made under this Act by the Board or (as the case may be) the clinical commissioning group, so far as is reasonably necessary and practicable to enable local authorities to discharge their functions relating to social services, education and public health. \n10) The reference in subsection (9) to arrangements made by the Board or (as the case may be) a clinical commissioning group includes a reference to arrangements so made by virtue of section 7A. \n11) In the title to section 80, after  “Secretary of State” insert  “, the Board and clinical commissioning groups”. \n12) Until the commencement of section 34, subsection (8) of section 80 of the National Health Service Act 2006 (as inserted by sub-paragraph (10)) has effect as if after  “Special Health Authorities” there were inserted  “, Primary Care Trusts”. \n29) \n1) Section 81 (conditions of supply under section 80) is amended as follows. \n2) In subsection (1)— \n\ta) for the words from the beginning to  “that section” substitute  “Before a person makes the services of any officer available under section 80(3)(b), (3A)(c), (6)(b) or (c) or (6A)(b), the person must”, \n\tb) in paragraph (a) for  “the Secretary of State” substitute  “the person”, and \n\tc) in paragraph (b) at the beginning insert  “where the person is the Secretary of State and is not the officer's employer,”. \n3) In subsection (2)— \n\ta) for  “The Secretary of State” substitute  “The person concerned”, and \n\tb) for  “he” substitute  “it”. \n4) In subsection (3)— \n\ta) omit  “Strategic Health Authorities,”, and \n\tb) omit  “Primary Care Trusts,”. \n5) In subsection (4) for  “the Secretary of State” substitute  “the person who makes the services available”. \n6) In subsection (5) — \n\ta) for the words from the beginning to  “section 80(6)” substitute  “A person who makes services or facilities available under section 80(6) or (6A) may make such charges in respect of them”, and \n\tb) for  “the Secretary of State” substitute  “the person”. ## PART 4\n## Medical services\n\n\n30) \n1) Section 83 (duty relating to primary medical services) is amended as follows. \n2) For subsections (1) and (2) substitute— \n1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary medical services throughout England. \n2) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary medical services as it considers appropriate; and it may, in particular, make contractual arrangements with any person. \n2A) Arrangements made for the purposes of subsection (1) or (2) may include arrangements for the performance of a service outside England. \n3) In subsection (3) of that section, for  “Each Primary Care Trust” substitute  “The Board”. \n4) Omit subsection (4). \n5) For the cross-heading preceding that section substitute  “Duty of the Board in relation to primary medical services”. \n31) \n1) Section 84 (general medical services contracts: introductory) is amended as follows. \n2) In subsection (1), for  “A Primary Care Trust” substitute  “The Board”. \n3) In subsections (3) and (5), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (4), for paragraph (b) substitute— \n\tb) services to be performed outside England. \n32) In section 86 (persons eligible to enter into general medical services contracts), in subsection (1), for  “A Primary Care Trust” substitute  “The Board”. \n33) In section 87 (general medical services contracts: payments), in subsection (3)(d), for  “a Primary Care Trust” substitute  “the Board”. \n34) \n1) In section 89 (general medical services contracts: required terms), in subsection (4)(a), for  “a Primary Care Trust” substitute  “the Board”. \n2) The variations to contract terms that may be imposed by virtue of subsection (2)(d) of that section include, in particular, variations in consequence of the establishment of clinical commissioning groups. \n35) \n1) Section 91 (persons performing primary medical services) is amended as follows. \n2) In the following provisions, for  “a Primary Care Trust” substitute  “the Board”— \n\ta) subsection (1), in each place it occurs, \n\tb) subsection (3)(j), \n\tc) subsection (4)(a), (b) and (d), and \n\td) subsection (6)(a) and (b). \n3) In subsection (2), for paragraph (b) substitute— \n\tb) the Board is responsible for a medical service if it secures its provision by or under any enactment. \n4) In subsection (3), in paragraph (c), omit the words from  “as to” to  “, and”. \n36) \n1) Section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) is amended as follows. \n2) For subsection (1) substitute— \n1) The Board may make agreements, other than arrangements pursuant to section 83(2) or general medical services contracts, under which primary medical services are provided. \n3) Omit subsection (6). \n4) Omit subsection (7). \n5) For the title to that section substitute  “Arrangements by the Board for the provision of primary medical services”. \n6) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 92 pending the commencement of section 34 of this Act. \n37) \n1) Section 93 (participants in section 92 arrangements) is amended as follows. \n2) In subsection (1)— \n\ta) for  “A Strategic Health Authority” substitute  “The Board”, and \n\tb) omit paragraph (g). \n3) In subsection (3), in the definition of  “NHS employee”, in paragraph (b), omit  “Primary Care Trust or”. \n4) In that subsection, in the definition of  “qualifying body”, for  “(e) or (g)” substitute  “or (e)”. \n38) \n1) Section 94 (regulations about section 92 arrangements) is amended as follows. \n2) In subsection (2), for  “Strategic Health Authorities” substitute  “the Board”. \n3) In subsection (3), after paragraph (c) insert— \n\tca) make provision with respect to the performance outside England of services to be provided in accordance with section 92 arrangements, . \n4) In subsection (6), for  “a Primary Care Trust” substitute  “the Board”. \n5) The variations of arrangements which may be imposed by virtue of subsection (3)(f) include, in particular, variations in consequence of the establishment of clinical commissioning groups. \n39) Omit section 95 (transfer of liabilities relating to section 92 arrangements). \n40) \n1) Section 96 (assistance and support) is amended as follows. \n2) In subsection (1)— \n\ta) for  “A Primary Care Trust” substitute  “The Board”, and \n\tb) before paragraph (a) insert— \n\t\tza) primary medical services pursuant to section 83(2), . \n3) In subsection (2)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n41) \n1) Section 97 (Local Medical Committees) is amended as follows. \n2) In subsection (1), for the words from the beginning to  “other Primary Care Trusts” substitute  “The Board may recognise a committee formed for an area”. \n3) In subsection (3)— \n\ta) in paragraph (a), omit sub-paragraph (i), and \n\tb) in paragraph (b), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (6), for  “a Primary Care Trust” substitute  “the Board”. \n5) Omit subsection (7). \n6) In subsection (10)— \n\ta) for  “A Primary Care Trust” substitute  “The Board”, and \n\tb) in paragraphs (a) and (b), for  “the Primary Care Trust” substitute  “the Board”. ## PART 5\n## Dental services\n\n\n42) \n1) Section 99 (duty relating to primary dental services) is amended as follows. \n2) For subsection (1) substitute— \n1) The Board must, to the extent that it considers necessary to meet all reasonable requirements, exercise its powers so as to secure the provision of primary dental services throughout England. \n1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England. \n3) Omit subsection (2). \n4) In subsection (3)— \n\ta) for  “Each Primary Care Trust” substitute  “The Board”, and \n\tb) for  “for which it makes provision” substitute  “for which provision is made”. \n5) Omit subsection (4). \n6) For the cross-heading preceding that section substitute  “Duty of the Board in relation to primary dental services”. \n43) \n1) Section 100 (general dental services contracts: introductory) is amended as follows. \n2) In subsection (1), for  “A Primary Care Trust” substitute  “The Board”. \n3) In subsections (3) and (4), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (3), in paragraph (a), after  “dental services” insert  “or services which are to be performed outside England”. \n44) In section 102 (persons eligible to enter into general dental services contracts), in subsection (1), for  “A Primary Care Trust” substitute  “The Board”. \n45) In section 103 (general dental services contracts: payments), in subsection (3)(d), for  “a Primary Care Trust” substitute  “the Board”. \n46) In section 104 (general dental services contracts: required terms), in subsection (3) for  “a Primary Care Trust” substitute  “the Board”. \n47) \n1) Section 106 (persons performing primary dental services) is amended as follows. \n2) In the following provisions, for  “a Primary Care Trust” substitute  “the Board”— \n\ta) subsection (1), in each place it occurs, \n\tb) subsection (3)(j), \n\tc) subsection (4)(a), (b) and (d), and \n\td) subsection (6)(a) and (b). \n3) In subsection (2), for paragraph (b) substitute— \n\tb) the Board is responsible for a dental service if it secures its provision by or under any enactment. \n4) In subsection (3), in paragraph (c), omit the words from  “as to” to  “, and”. \n48) \n1) Section 107 (arrangements by Strategic Health Authorities for the provision of primary dental services) is amended as follows. \n2) For subsection (1) substitute— \n1) The Board may make agreements, other than general dental services contracts, under which primary dental services are provided. \n3) Omit subsection (7). \n4) For the title to that section substitute  “Arrangements by the Board for the provision of primary dental services”. \n5) The provision which may be made by virtue of section 304(10)(a) of this Act in an order under section 306 of this Act providing for the commencement of this paragraph includes, in particular, provision enabling the National Health Service Commissioning Board to direct Primary Care Trusts to exercise its functions under section 107 pending the commencement of section 34 of this Act. \n49) \n1) Section 108 (participants in section 107 arrangements) is amended as follows. \n2) In subsection (1)— \n\ta) for  “A Strategic Health Authority” substitute  “The Board”, and \n\tb) omit paragraph (g). \n3) In subsection (3), in the definition of  “NHS employee”, in paragraph (b), omit  “Primary Care Trust or”. \n50) \n1) Section 109 (regulations about section 107 arrangements) is amended as follows. \n2) In subsection (2), for  “Strategic Health Authorities” substitute  “the Board”. \n3) In subsection (3), after paragraph (c) insert— \n\tca) make provision with respect to the performance outside England of services to be provided in accordance with section 107 arrangements, . \n4) In subsection (6), for  “a Primary Care Trust” substitute  “the Board”. \n51) Omit section 110 (transfer of liabilities relating to section 107 arrangements). \n52) \n1) Section 112 (assistance and support) is amended as follows. \n2) In subsection (1), for  “A Primary Care Trust” substitute  “The Board”. \n3) In subsection (2)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n53) \n1) Section 113 (Local Dental Committees) is amended as follows. \n2) In subsection (1), for the words from the beginning to  “other Primary Care Trusts” substitute  “The Board may recognise a committee formed for an area”. \n3) In subsection (3)(b), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (6), for  “a Primary Care Trust” substitute  “the Board”. \n5) Omit subsection (7). \n6) In subsection (10)— \n\ta) for  “A Primary Care Trust” substitute  “The Board”, and \n\tb) in paragraphs (a) and (b), for  “the Primary Care Trust” substitute  “the Board”. ## PART 6\n## Ophthalmic services\n\n\n54) \n1) Section 115 (duty relating to primary ophthalmic services) is amended as follows. \n2) In subsection (1), for the words from the beginning to  “area,” substitute  “The Board must exercise its powers so as to secure the provision throughout England”. \n3) After that subsection insert— \n1A) Arrangements made for the purposes of subsection (1) may include arrangements for the performance of a service outside England. \n4) For subsection (4) substitute— \n4) The Board may (in addition to any other power conferred on it) make such arrangements for the provision of primary ophthalmic services as it considers appropriate; and it may, in particular, make contractual arrangements with any person. \n4A) Arrangements made for the purposes of subsection (4) may include arrangements for the performance of a service outside England. \n5) In subsection (5), for  “Each Primary Care Trust” substitute  “The Board”. \n6) Omit subsection (6). \n7) In subsection (9), in paragraph (b), for  “(d)” substitute  “(e)”. \n8) For the cross-heading preceding that section substitute  “Duty of the Board in relation to primary ophthalmic services”. \n55) \n1) Section 117 (general ophthalmic services contracts: introductory) is amended as follows. \n2) In subsection (1), for  “A Primary Care Trust” substitute  “The Board”. \n3) In subsections (3) and (5), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (4), for paragraph (b) substitute— \n\tb) services which are to be performed outside England. \n56) In section 118 (persons eligible to enter into general ophthalmic services contracts), in subsection (1), for  “A Primary Care Trust” substitute  “The Board”. \n57) In section 119 (exclusion of contractors), for  “a Primary Care Trust” substitute  “the Board”. \n58) In section 120 (general ophthalmic services contracts: payments), in subsection (3)(d), for  “a Primary Care Trust” substitute  “the Board”. \n59) In section 121 (general ophthalmic services contracts: other required terms), in subsection (3)(a), for  “a Primary Care Trust” substitute  “the Board”. \n60) \n1) Section 123 (persons performing primary ophthalmic services) is amended as follows. \n2) In the following provisions, for  “a Primary Care Trust” substitute  “the Board”— \n\ta) subsection (1), in each place it occurs, \n\tb) subsection (3)(j), \n\tc) subsection (4)(a), (b) and (d), and \n\td) subsection (7)(a) and (b). \n3) In subsection (2), for paragraph (b) substitute— \n\tb) the Board is responsible for an ophthalmic service if it secures its provision by or under any enactment. \n4) In subsection (3), in paragraph (c), omit the words from  “as to” to  “, and”. \n61) \n1) Section 124 (primary ophthalmic services: assistance and support) is amended as follows. \n2) In subsection (1)— \n\ta) for  “A Primary Care Trust” substitute  “The Board”, and \n\tb) at the end insert  “or primary ophthalmic services that fall within section 115(4)”. \n3) In subsection (2)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n62) \n1) Section 125 (Local Optical Committees) is amended as follows. \n2) In subsection (1), for the words from the beginning to  “other Primary Care Trusts” substitute  “The Board may recognise a committee formed for an area”. \n3) In subsection (3)— \n\ta) in paragraph (a), omit  “, whether under section 115(4)(a), or”, and \n\tb) in paragraph (b), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (7), for  “a Primary Care Trust” substitute  “the Board”. \n5) In subsection (10)— \n\ta) for  “A Primary Care Trust” substitute  “The Board”, and \n\tb) in paragraphs (a) and (b), for  “the Primary Care Trust” substitute  “the Board”. ## PART 7\n## Pharmaceutical services\n\n\n63) \n1) Section 126 (arrangements for pharmaceutical services) is amended as follows. \n2) In subsection (1), for  “Each Primary Care Trust” substitute  “The Board”. \n3) In subsection (3), for the words from  “as respects” to  “that area” substitute  “for the provision to persons who are in England”. \n4) In subsection (6), for  “a Primary Care Trust” substitute  “the Board”. \n5) Omit subsection (7). \n64) \n1) Section 127 (arrangements for additional pharmaceutical services) is amended as follows. \n2) In subsections (1)(a) and (b) and (2), for  “a Primary Care Trust”, substitute  “the Board”. \n3) In subsection (1)(a), for  “within or outside its area” substitute  “in England”. \n4) In subsection (2), omit the words from  “(whether” to the end. \n65) \n1) Section 128 (terms and conditions of arrangements under section 127) is amended as follows. \n2) In subsection (1), for  “the Primary Care Trust to which they apply” substitute  “the Board”. \n3) In subsection (4), for  “A Primary Care Trust” substitute  “The Board”. \n4) In subsection (5), for  “a Primary Care Trust” substitute  “the Board”. \n66) \n1) Section 129 (regulations as to pharmaceutical services) is amended as follows. \n2) In subsection (1), for  “a Primary Care Trust” substitute  “the Board”. \n3) In subsection (2)— \n\ta) in paragraph (a)— \n\t\ti) for  “a Primary Care Trust” substitute  “the Board”, and \n\t\tii) for  “the area of the Primary Care Trust” substitute  “England”, \n\tb) in paragraph (b), for  “a Primary Care Trust” substitute  “the Board”, and \n\tc) in paragraph (c), for  “the Primary Care Trust” substitute  “the Board”. \n4) After subsection (2ZA)\n\t\t\t\t\t(inserted by section 207(3)) insert— \n2ZB) Regulations under subsection (2)(a) may, in particular, require a list of persons to be prepared by reference to the area in which the premises from which the services are provided are situated (and regulations imposing that requirement must prescribe the description of area by reference to which the list is to be prepared). \n5) In subsection (2A), for  “The Primary Care Trust” substitute  “The Board”, \n6) In subsections (2C), (3A), (4), (5) and (8), for  “the Primary Care Trust”, in each place it appears, substitute  “the Board”. \n7) In subsection (6)— \n\ta) in paragraphs (za), (a), (b), (c), (d), (g), (h), (i), (j) and (k), for  “a Primary Care Trust” substitute  “the Board”, \n\tb) in paragraphs (b), (e) and (k), for  “the Primary Care Trust”, in each place it appears, substitute  “the Board”, and \n\tc) in paragraph (f), for  “that Primary Care Trust” substitute  “the Board”. \n8) In subsection (6)(c)— \n\ta) for  “the Primary Care Trust”, in the first place it appears, substitute  “the Board”, and \n\tb) omit  “in the area of the Primary Care Trust”. \n9) In subsection (10A), for  “Primary Care Trusts” substitute  “The Board”. \n67) In section 130 (regulations about appeals from decisions on applications for inclusion in pharmaceutical list), in subsection (2)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n68) \n1) Section 131 (power to charge fee to applicants) is amended as follows. \n2) In subsection (1), for  “a Primary Care Trust” substitute  “the Board”. \n3) In subsections (2)(b), (3)(b) and (5), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (3)(a), omit the words from  “and such” to the end. \n69) \n1) Section 132 (persons authorised to provide pharmaceutical services) is amended as follows. \n2) In subsections (1) and (4)(a), (b), (c), (d) and (e), for  “a Primary Care Trust” substitute  “the Board”. \n3) In subsection (3)— \n\ta) for  “each Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (4), after paragraph (a) insert— \n\taa) requiring a list of medical practitioners referred to in subsection (3) to be prepared by reference to an area of a prescribed description, . \n5) In subsection (5)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n70) \n1) Section 133 (inadequate provision of pharmaceutical services) is amended as follows. \n2) In subsection (1)(a)— \n\ta) for  “the area, or part of the area, of a Primary Care Trust” substitute  “any part of England”, and \n\tb) omit  “area or”. \n3) In subsection (1)(b), for  “any such area or part” substitute  “any part of England”. \n4) In subsection (2)(a), for  “the Primary Care Trust” substitute  “the Board”. \n71) \n1) Section 134 (pilot schemes) is amended as follows. \n2) In subsection (1), for  “Primary Care Trusts” substitute  “The Board”. \n3) In subsection (2)— \n\ta) in paragraph (a), for  “a Primary Care Trust” substitute  “the Board”, \n\tb) after that paragraph insert  “and”, \n\tc) in paragraph (b), omit  “(otherwise than by the Primary Care Trust)”, and \n\td) omit paragraph (c) and the preceding  “and”. \n4) In subsection (5), for  “a Primary Care Trust” substitute  “the Board”. \n72) In section 136 (designation of priority neighbourhoods or premises), in subsections (1) and (2)(b), for  “a Primary Care Trust” substitute  “the Board.” \n73) In section 137 (reviews of pilot schemes), in subsection (3)(a), for  “the Primary Care Trust concerned” substitute  “the Board”. \n74) \n1) Section 138 (variation and termination of pilot schemes) is amended as follows. \n2) In subsection (1), for  “Primary Care Trusts” substitute  “the Board”. \n3) In subsections (2) and (3), for  “the Primary Care Trust concerned” substitute  “the Board”. \n75) \n1) Section 140 (funding of preparatory work) is amended as follows. \n2) In subsection (1), for  “Primary Care Trusts” substitute  “the Board”. \n3) In subsection (3)(b) and (c), for  “a Primary Care Trust” substitute  “the Board”. \n76) \n1) In section 144 (local pharmaceutical services schemes)— \n\ta) for  “Primary Care Trusts” substitute  “the Board or the Secretary of State”, and \n\tb) omit  “or Strategic Health Authorities”. \n2) In consequence of the repeal made by sub-paragraph (1)(b), omit section 29(4) of the Health Act 2009. \n77) \n1) Section 148 (conditional inclusion in pharmaceutical lists) is amended as follows. \n2) In subsection (1), in paragraph (a), for  “the Primary Care Trust in whose list he is included” substitute  “the Board”. \n3) In subsections (1)(b), (c) and (e), (3)(a) and (b)(ii) and (iii) and (4), for  “the Primary Care Trust”, in each place it appears, substitute  “the Board”. \n4) In subsection (6), for  “a Primary Care Trust” substitute  “the Board”. \n78) \n1) Section 150A (notices and penalties) is amended as follows. \n2) In subsection (1)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n3) In subsection (2), for  “Primary Care Trusts” substitute  “the Board”. \n79) \n1) Section 151 (disqualification of practitioners) is amended as follows. \n2) In subsection (1), for  “a Primary Care Trust” substitute  “the Board”. \n3) In subsection (5), for  “the Primary Care Trust” substitute  “the Board”. \n4) In subsection (6), for  “The Primary Care Trust” substitute  “The Board”. \n80) \n1) Section 152 (contingent removal) is amended as follows. \n2) In subsections (1) and (3), for  “the Primary Care Trust” substitute  “the Board”. \n3) In subsection (4), for  “The Primary Care Trust” substitute  “The Board”. \n81) In section 154 (suspension), in subsections (1), (3), (4), (6)(b) and (c) and (8) (in each place it appears), for  “the Primary Care Trust” substitute  “the Board”. \n82) \n1) Section 155 (suspension pending removal) is amended as follows. \n2) In subsections (1), (3) and (6), for  “the Primary Care Trust” substitute  “the Board”. \n3) In subsection (5), for  “The Primary Care Trust” substitute  “The Board”. \n83) \n1) Section 157 (review of decisions) is amended as follows. \n2) In subsection (1), for  “The Primary Care Trust” substitute  “The Board”. \n3) In subsections (2)(a) and (3), for  “the Primary Care Trust” substitute  “the Board”. \n84) \n1) Section 158 (appeals) is amended as follows. \n2) In subsection (1), for  “a Primary Care Trust” substitute  “the Board”. \n3) In subsections (2) and (6), for  “The Primary Care Trust” substitute  “The Board”. \n4) In subsections (3), (4) and (5)(a) and (b) for  “the Primary Care Trust” substitute  “the Board”. \n5) In subsection (7), for  “Primary Care Trusts” substitute  “the Board”. \n85) \n1) Section 159 (national disqualification) is amended as follows. \n2) In subsection (1), for  “each Primary Care Trust”, in each place it appears, substitute  “the Board”. \n3) In subsection (3), for  “a Primary Care Trust” substitute  “the Board”. \n4) In subsection (4)— \n\ta) for  “The Primary Care Trust” substitute  “The Board”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board”. \n5) In subsection (5), for “the Primary Care Trust's” substitute “the Board's”. \n6) In subsection (6)— \n\ta) in paragraph (a), for  “no Primary Care Trust or” substitute  “neither the Board nor a”, and \n\tb) in paragraph (b), for  “each Primary Care Trust” substitute  “the Board (if he is included in a list prepared by it)”. \n86) In section 160 (notification of decisions), for  “a Primary Care Trust” substitute  “the Board”. \n87) In section 161 (withdrawal from lists), in paragraphs (a) and (b), for  “a Primary Care Trust” substitute  “the Board”. \n88) \n1) Section 162 (regulations about decisions under Chapter 6 of Part 7) is amended as follows. \n2) In subsections (1) and (2)(b), for  “a Primary Care Trust” substitute  “the Board”. \n3) In subsections (2)(c) and (3), for  “the Primary Care Trust” substitute  “the Board”. \n89) \n1) Section 164 (remuneration for persons providing pharmaceutical services) is amended as follows. \n2) In subsection (3)(b), for  “any Primary Care Trust” substitute  “the Board”. \n3) In subsection (4A)(a)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “to persons who provide” substitute  “for providing”. \n90) \n1) Section 166 (indemnity cover) is amended as follows. \n2) In subsection (2)(b)— \n\ta) for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) for  “the Primary Care Trust”, in each place it appears, substitute  “the Board”. \n3) In subsection (3), in paragraph (a) of the definition of  “indemnity cover”, for  “a Primary Care Trust” substitute  “the Board”. \n91) \n1) Section 167 (local pharmaceutical committees) is amended as follows. \n2) In subsection (1), for the words from the beginning to  “other Primary Care Trusts,” substitute  “The Board may recognise a committee formed for an area”. \n3) In subsections (2)(a) and (3)(a), omit  “in the Primary Care Trust's area”. \n4) In subsections (2)(a) and (b), (3)(a) and (b), (9), (10) and (11), for  “the Primary Care Trust” substitute  “the Board”. \n5) In subsections (6) and (7), for  “a Primary Care Trust” substitute  “the Board”. \n6) In subsection (9), for  “A Primary Care Trust” substitute  “The Board”. \n92) \n1) Schedule 11 (pilot schemes) is amended as follows. \n2) In paragraph 1 (initiation of pilot schemes), in sub-paragraph (1)(a), for  “a Primary Care Trust” substitute  “the Board”. \n3) In paragraph 2 (preliminary steps)— \n\ta) in sub-paragraph (1), for  “the Primary Care Trust concerned” substitute  “the Board”, \n\tb) in sub-paragraphs (2), (3), (4) and (5)(a) and (b), for  “a Primary Care Trust” substitute  “the Board”, \n\tc) in sub-paragraph (3)(b), for  “the Primary Care Trust” substitute  “the Board”, and \n\td) in sub-paragraph (5)(d)— \n\t\ti) for  “Primary Care Trusts” substitute  “the Board”, and \n\t\tii) for  “them” substitute  “it”. \n4) In paragraph 3 (approvals)— \n\ta) in sub-paragraphs (2) and (3)(b), for  “the Primary Care Trust” substitute  “the Board”, and \n\tb) in sub-paragraph (3)(a), for  “the Primary Care Trust concerned” substitute  “the Board”. \n5) In paragraph 4 (preliminary approval)— \n\ta) in sub-paragraphs (1) and (4), for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) in sub-paragraph (2), for  “The Primary Care Trust” substitute  “The Board”. \n6) In paragraph 5 (effect of proposals on existing services)— \n\ta) in sub-paragraph (1)(a)— \n\t\ti) for  “the Primary Care Trust”, in the first place it appears, substitute  “the Board”, and \n\t\tii) for  “the area of the Primary Care Trust” substitute  “the area concerned”, \n\tb) in sub-paragraph (1)(b), for the words from  “supplied” to the end substitute  “prepared under sub-paragraph (3)”, \n\tc) in sub-paragraph (3)— \n\t\ti) for  “a Primary Care Trust” substitute  “the Board”, \n\t\tii) for  “the area of another Primary Care Trust” substitute  “another area”, and \n\t\tiii) for  “consult that other Primary Care Trust about” substitute  “prepare an assessment of the likely effect on those services of the implementation of”, and \n\td) omit sub-paragraph (4). \n7) In paragraph 7 (making a scheme)— \n\ta) in sub-paragraphs (1), (2) and (4), for  “the Primary Care Trust concerned” substitute  “the Board”, and \n\tb) in sub-paragraph (1), for  “the Primary Care Trust must” substitute  “the Board must”. \n8) Any pilot scheme under Chapter 2 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraphs 68 to 75 affects the validity of anything done under or for the purposes of the scheme. \n93) \n1) Schedule 12 (LPS schemes) is amended as follows. \n2) In paragraph 1 (provision of local pharmaceutical services)— \n\ta) in sub-paragraph (1)— \n\t\ti) for  “Primary Care Trusts” substitute  “The Board or the Secretary of State”, and \n\t\tii) omit  “or Strategic Health Authorities”, \n\tb) in sub-paragraph (2)— \n\t\ti) in paragraph (a), for  “a Primary Care Trust” substitute  “the Board or the Secretary of State (the  “commissioner”)”, \n\t\tii) in that paragraph, omit  “or Strategic Health Authority (the  “commissioning body”)”, and \n\t\tiii) in paragraph (b), for  “the commissioning body” substitute  “the commissioner”, \n\tc) omit sub-paragraph (2A), \n\td) for sub-paragraph (2B) substitute— \n\t2B) The Secretary of State may establish an LPS scheme only where the other party is the Board. \n\t2C) The Board may provide local pharmaceutical services under an LPS scheme only in such circumstances as may be prescribed. , \n\te) in each of sub-paragraphs (5) and (6), for  “a Primary Care Trust” substitute  “the Board”, and \n\tf) in sub-paragraph (5), omit  “in its area”. \n3) In paragraph 2 (designation of priority neighbourhoods or premises)— \n\ta) in each of sub-paragraphs (1) and (2)(b), for  “a Primary Care Trust” substitute  “the Board”, and \n\tb) in sub-paragraph (1), omit  “or Strategic Health Authority”. \n4) In paragraph 3 (regulations)— \n\ta) in sub-paragraph (2), for  “the commissioning body” substitute  “the commissioner”, and \n\tb) in sub-paragraph (3)(k)— \n\t\ti) for  “Primary Care Trusts” substitute  “the Board or the Secretary of State”, and \n\t\tii) omit  “or Strategic Health Authorities”. \n5) In consequence of the repeals made by this paragraph, omit section 29(7), (8)(a) and (c), (10), (12) and (15) of the Health Act 2009. \n6) Any LPS scheme under Chapter 3 of Part 7 of the National Health Service Act 2006 having effect immediately before the commencement of this paragraph is to continue to have effect as if it had been established by the Board; and nothing in this paragraph or paragraph 76 affects the validity of anything done under or for the purposes of the scheme. ## PART 8\n## Charging\n\n\n94) In section 176 (dental charging)— \n\ta) in subsection (3), for  “a Primary Care Trust or Special Health Authority” substitute  “the Board”, and \n\tb) in subsection (4)(a), omit sub-paragraph (i). \n95) In section 177 (exemptions from dental charging), in subsection (4), omit paragraph (a). \n96) \n1) Section 180 (payments in respect of costs of optical appliances) is amended as follows. \n2) In subsection (1), for  “him or a relevant body” substitute  “the Board”. \n3) In subsection (3), in paragraph (a)— \n\ta) for  “himself or such relevant body as may be prescribed” substitute  “the Board”, and \n\tb) for  “he or the prescribed body” substitute  “the Board”. \n4) In paragraph (b) of that subsection— \n\ta) for  “him or such relevant body as may be prescribed” substitute  “the Board”, and \n\tb) for  “him or by the prescribed body” substitute  “the Board”. \n5) After subsection (6) insert— \n6A) The Board may direct a Special Health Authority, or such other body as may be prescribed, to exercise any of the Board's functions under regulations under this section. \n6) Omit subsection (10). \n7) In subsection (11), at the end insert  “in accordance with the regulations”. \n8) Omit subsection (12). \n9) For the title to section 180 substitute  “Payments in respect of costs of optical appliances and sight tests”. \n97) \n1) Section 181 (provision supplementary to section 180) is amended as follows. \n2) In subsection (3), omit the words from  “(whether” to the end. \n3) Omit subsection (9). \n98) \n1) Section 183 (payment of travelling expenses) is amended as follows. \n2) In paragraph (a) — \n\ta) after  “the Secretary of State” insert  “, the Board, a clinical commissioning group,”, and \n\tb) omit  “, a Primary Care Trust,”. \n3) In paragraph (b)— \n\ta) after  “by” insert  “the Board,”, \n\tb) omit  “a Primary Care Trust”, and \n\tc) before the first  “to” insert  “or a clinical commissioning group”, and \n\td) omit the words from  “and” to  “Trust,”. \n4) In paragraph (c)— \n\ta) after  “by” insert  “the Board,”, \n\tb) omit  “a Primary Care Trust”, and \n\tc) before the first  “to” insert  “or a clinical commissioning group”. \n99) In section 185 (charges for more expensive supplies), in subsection (2)— \n\ta) after  “the Secretary of State,” insert  “the Board, a clinical commissioning group, a local authority,”, and \n\tb) omit  “a Primary Care Trust,”. \n100) In section 186 (charges for repairs and replacements in certain cases), in subsection (2)— \n\ta) after  “the Secretary of State,” insert  “the Board, a clinical commissioning group, a local authority,” and \n\tb) omit  “a Primary Care Trust,”. \n101) In section 187 (charges for designated services or facilities) for the words from  “designated” to the end substitute  “of a kind mentioned in section 3(1)(d) or (e) (whether provided in pursuance of those provisions or any other provision of this Act)”. \n102) In section 188 (sums otherwise payable to those providing services), in subsection (2) — \n\ta) after the first  “by” insert  “the Board or a clinical commissioning group”, and \n\tb) omit  “a Primary Care Trust”. ## PART 9\n## Fraud etc.\n\n\n103) \n1) Section 195 (compulsory disclosure of documents) is amended as follows. \n2) In subsection (2) for  “section 2(1)(b)” substitute  “section 2”. \n3) In subsection (3) — \n\ta) for  “section 2(1)(b)” substitute  “section 2”, \n\tb) in paragraph (a) after  “(“NHS services”)” insert  “or in arranging for the provision of such services”, \n\tc) in paragraph (d) after  “NHS services” insert  “or with arranging for the provision of such services”, and \n\td) in paragraph (f) after  “NHS services” insert  “or with arranging for the provision of such services”. \n104) \n1) Section 196 (persons and bodies about which provision is made by Part 10) is amended as follows. \n2) In subsection (2), for  “section 28(6)” substitute  “section 275(1)”. \n3) In subsection (3)— \n\ta) before paragraph (a) insert— \n\t\tza) the Board, \n\t\tzb) a clinical commissioning group, \n\tb) omit paragraph (a), and \n\tc) omit paragraph (c). \n4) After subsection (5) insert— \n5A) A  “public health service contractor” means any person providing services of any description under arrangements made in the exercise of the public health functions of the Secretary of State or a local authority. \n105) \n1) Section 197 (notice requiring production of documents) is amended as follows. \n2) In subsection (1)(a) after  “health service provider” insert  “, public health service contractor”. \n3) In subsection (3)(d) after  “health service provider” insert  “, public health service contractor”. \n106) In section 201 (disclosure of information), in subsection (3)(a) for  “any of the Secretary of State's functions” substitute  “any of the functions of the Secretary of State, the Board, a clinical commissioning group or a local authority”. \n107) \n1) Section 210 (interpretation of Part 10) is amended as follows. \n2) In subsection (1) after  “health service provider” insert  “,  “public health service contractor””. \n3) In subsection (2)(a)— \n\ta) after  “in relation to” insert  “the Secretary of State, local authorities,”, and \n\tb) after  “health service providers” insert  “, public health service contractors”. ## PART 10\n## Property and finance\n\n\n108) \n1) Section 211 (acquisition, use and maintenance of property) is amended as follows. \n2) In subsection (4) for  “A local social services authority” substitute  “A local authority”. \n3) After that subsection insert— \n4A) In subsection (4),  “local authority” has the same meaning as in section 2B. \n109) In section 213 (transfers of trust property), in subsection (2)(c)— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) omit  “a Primary Care Trust,.” \n110) \n1) Section 214 (transfer of functions and property to or from special trustees) is amended as follows. \n2) In subsection (1)— \n\ta) after the first  “by” insert  “the Board, a clinical commissioning group,”, and \n\tb) omit  “a Primary Care trust,”. \n3) In subsection (3)(a)— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) omit  “a Primary Care Trust,”. \n111) \n1) Section 215 (trustees and property under section 222) is amended as follows. \n2) Omit subsection (2)(b) and the preceding  “and”. \n3) In subsection (3)— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) omit paragraph (a). \n4) In subsection (4)— \n\ta) after the second  “and” insert  “the Board, clinical commissioning group,”, \n\tb) omit  “the Primary Care Trust,” (in each place it occurs), and \n\tc) after the second  “by” insert  “the Board, clinical commissioning group,”. \n112) In section 216 (application of trust property: further provisions), in subsection (3), after  “or 214” insert  “of this Act or section 300 or 302 of the Health and Social Care Act 2012”. \n113) In section 217 (trusts: supplementary provisions), in subsection (1)— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) omit paragraph (f), and \n\tc) omit paragraph (g). \n114) In section 218 (private trusts for hospitals), in subsection (4)— \n\ta) in paragraph (b) omit  “or Primary Care Trust”, \n\tb) in paragraph (c) omit  “or Primary Care Trust” (in both places where it occurs), and \n\tc) for paragraph (d) substitute — \n\t\td) in any other case— \n\t\t\ti) where the hospital is vested in the Secretary of State, the Special Health Authority exercising functions of the Secretary of State in respect of it or, where there is no such Special Health Authority, the Secretary of State, \n\t\t\tii) where the Welsh Ministers have functions in respect of the hospital, the Special Health Authority or Local Health Board exercising those functions. \n115) In section 220 (trust property previously held for general hospital purposes), in subsection (2), after  “or 214” insert  “of this Act or section 300 or 302 of the Health and Social Care Act 2012”. \n116) \n1) Section 222 (power to raise money) is amended as follows. \n2) In subsection (3) for  “the Secretary of State” substitute  “the appropriate authority”. \n3) After subsection (3) insert— \n3A) In subsection (3)  “appropriate authority” means— \n\ta) in relation to a clinical commissioning group, the Board, and \n\tb) in relation to any other body to which this section applies, the Secretary of State. \n4) In subsection (9), for  “section 224 or 226” substitute  “section 225”. \n117) \n1) In section 223 (formation of companies), in each of subsections (1), (2) and (5) after  “Secretary of State” insert  “or the Board”. \n2) After that section insert— \n\nSection 223A) **Application of section 223 to clinical commissioning groups**\n\n1) Section 223 applies in relation to a clinical commissioning group as it applies in relation to the Board. \n2) But the powers conferred by that section are exercisable by a clinical commissioning group only for the purpose of securing improvement— \n\ta) in the physical and mental health of the people for whom it has responsibility for the purposes of section 3, or \n\tb) in the prevention, diagnosis and treatment of illness in such people. \n118) Omit section 224 (means of meeting expenditure of Strategic Health Authorities). \n119) \n1) Section 226 (financial duties of Strategic Health Authorities and Special Health Authorities) is amended as follows. \n2) Omit subsection (1). \n3) In subsection (3) — \n\ta) omit  “Strategic Health Authority or”, and \n\tb) for  “subsection (1) or (2)” substitute  “subsection (2)”. \n4) In subsection (4) omit  “Strategic Health Authority or” (in each place where it occurs). \n5) In subsection (5) omit  “Strategic Health Authority or”. \n6) In subsection (6) omit  “Strategic Health Authority or”. \n7) In subsection (7)— \n\ta) in paragraph (a) omit  “specified Strategic Health Authority or”, \n\tb) omit paragraph (b)(i) and the word  “or” immediately following it, and \n\tc) omit paragraph (c)(i) and the word  “or” immediately following it, and \n\td) in the words following paragraph (c) omit  “Strategic Health Authority or”. \n8) In the heading to the section, omit  “Strategic Health Authorities and”. \n120) \n1) Section 227 (resource limits for Strategic Health Authorities and Special Health Authorities) is amended as follows. \n2) In subsection (1), omit  “Strategic Health Authority and each”. \n3) In subsection (2)(b) omit  “Strategic Health Authority or”. \n4) In subsection (3) omit  “Strategic Health Authority or”. \n5) In subsection (4) for  “subsections (1) and (2)” substitute  “subsection (2)”. \n6) In the heading to the section, omit  “Strategic Health Authorities and”. \n121) Omit sections 228 to 231 (funding of Primary Care Trusts etc). \n122) In section 234 (special arrangement as to payment of remuneration), omit subsection (4). \n123) \n1) Section 236 (payment for medical examination before application for admission to hospital under the Mental Health Act) is amended as follows. \n2) In subsection (1), for  “the Secretary of State” substitute  “the prescribed clinical commissioning group”. \n3) In subsection (2)(b)— \n\ta) after  “report made” insert — \n\t\t\ti)  , \n\tb) omit  “a Primary Care Trust,”, \n\tc) before  “NHS trust” insert  “an”, and \n\td) at the end insert , or \n\t\t\tii) pursuant to arrangements made by the National Health Service Commissioning Board or a clinical commissioning group, or \n\t\t\tiii) pursuant to arrangements made in the exercise (by any person) of the public health functions of the Secretary of State or a local authority. \n124) Omit Schedule 14 (further provision about expenditure of Primary Care Trusts). \n125) \n1) Schedule 15 (accounts and audits) is amended as follows. \n2) In paragraph 1(1)— \n\ta) omit paragraph (a), \n\tb) omit paragraph (c), and \n\tc) omit paragraph (g). \n3) In paragraph 5, omit sub-paragraph (2). \n4) Omit paragraph 7. \n5) In paragraph 8(3) omit  “or 7”. \n6) Omit paragraph 9. ## PART 11\n## Public involvement and scrutiny\n\n\n126) \n1) Section 242 (public involvement and consultation) is amended as follows. \n2) In subsection (1A)— \n\ta) omit paragraph (a), and \n\tb) omit paragraph (b). \n3) Omit subsections (4) and (5). \n127) Omit sections 242A and 242B (duties of Strategic Health Authorities in relation to involvement of users). ## PART 12\n## Miscellaneous\n\n\n128) After section 254 insert— *Support functions of the Secretary of State*\nSupport functions of the Secretary of State \n254A) \n1) The Secretary of State may, for the purpose of assisting any person exercising functions in relation to the health service or providing services for its purposes— \n\ta) provide (or otherwise make available) to the person goods, materials or other facilities; \n\tb) facilitate the recruitment and management of the person's staff; \n\tc) develop or operate information or communication systems; \n\td) do such other things to facilitate or support the carrying out of the person's functions or other activities as the Secretary of State considers appropriate; \n\te) arrange for any other person to do anything mentioned in paragraphs (a) to (d) or to assist the Secretary of State in doing any such thing. \n2) The power conferred by subsection (1)(a) includes power to purchase goods and materials for the purpose of providing them or making them available. \n3) The Secretary of State may, in connection with anything done under subsection (1), make available the services of any person employed by the Secretary of State. \n4) The powers conferred by this section may be exercised on such terms, including terms as to the making of payments to or by the Secretary of State, as may be agreed. \n5) In this section,  “the health service” does not include that part of the health service that is provided in pursuance of the public health functions of the Secretary of State or local authorities. \n129) \n1) Section 256 (power of Primary Care Trusts to make payments towards expenditure on community services) is amended as follows. \n2) In subsection (1) for  “A Primary Care Trust” substitute  “The Board or a clinical commissioning group”. \n3) In subsection (3)— \n\ta) for  “A Primary Care Trust” substitute  “The Board or a clinical commissioning group”, and \n\tb) for  “the Primary Care Trust” substitute  “the Board or (as the case may be) the clinical commissioning group”. \n4) After subsection (5) insert— \n5A) The Secretary of State may by directions to the Board specify the minimum amount which the Board must spend in a financial year in making payments under— \n\ta) this section; \n\tb) subsection (1) of this section; \n\tc) subsection (3) of this section. \n5B) The Secretary of State may by directions to the Board specify— \n\ta) a body or description of bodies to whom payments under subsection (1) or (3), or under either or both of those subsections, must be made by the Board in a financial year; \n\tb) functions or activities, or descriptions of functions or activities, in respect of which such payments must be made by the Board in a financial year; \n\tc) the minimum amount which the Board must spend in a financial year in making such payments— \n\t\ti) to a body or description of bodies specified in relation to the year under paragraph (a); \n\t\tii) in respect of functions or activities, or descriptions of functions or activities, specified in relation to the year under paragraph (b); \n\t\tiii) to a body or description of bodies specified in relation to the year under paragraph (a) in respect of functions or activities or descriptions of functions or activities so specified under paragraph (b). \n130) In section 257 (payments in respect of voluntary organisations under section 256), in subsection (2) for  “the Primary Care Trust” substitute  “the Board or the clinical commissioning group”. \n131) \n1) Section 258 (university clinical teaching and research) is amended as follows. \n2) In subsection (1)— \n\ta) for  “The Secretary of State must exercise his functions under this Act” substitute  “The functions under this Act of the Secretary of State, the Board and each clinical commissioning group must be exercised”, and \n\tb) for  “he” substitute  “the Secretary of State, the Board or the clinical commissioning group (as the case may be)”. \n3) In subsection (2), in paragraph (a)— \n\ta) after  “exercisable by” insert  “the Board,”, \n\tb) after  “a” insert  “clinical commissioning group,”, \n\tc) omit  “Strategic Health Authority,”, and \n\td) omit  “Primary Care Trust,”. \n132) \n1) Section 259 (sale of medical practices) is amended as follows. \n2) In subsection (4), in paragraph (e), for  “section 83(2)(b)” substitute  “section 83(2)”. \n3) After that subsection insert— \n4A) The reference in subsection (4)(e) to arrangements under section 83(2) of this Act includes a reference to arrangements made under section 83(2)(b) of this Act before the commencement of paragraph 30 of Schedule 4 to the Health and Social Care Act 2012 (sub-paragraph (2) of which replaces section 83(2)). \n4) In subsection (5), in the definition of  “relevant area”— \n\ta) after  ““relevant area”” insert — \n\ta)  , and \n\tb) at the end insert ; \n\tb) in relation to the Board, in a case where a person has at any time provided or performed services by arrangement or contract with the Board, means the prescribed area (at the prescribed time). \n133) Omit section 268 (persons displaced by health service development), and the cross-heading which precedes it. \n134) In section 271 (territorial limit of exercise of functions), in the words in brackets in subsection (3)(a), after  “directions to” insert  “certain”. \n135) After section 271 insert— \n\nSection 271A) **Services to be treated as services of the Crown for certain purposes**\n\n1) Services to which this section applies are to be treated as services of the Crown for the purposes of— \n\ta) Schedule 1 to the Registered Designs Act 1949 (provisions as to the use of registered designs for the services of the Crown etc.), and \n\tb) sections 55 to 59 of the Patents Act 1977 (use of patented inventions for the services of the Crown). \n2) This section applies to services provided in pursuance of— \n\ta) the functions of the Board or a clinical commissioning group under section 3, 3A, 3B or 4 or Schedule 1, or \n\tb) the public health functions of a local authority. \n136) \n1) Section 272 (orders, regulations, rules and directions) is amended as follows. \n2) In subsection (3)— \n\ta) omit paragraph (b), and \n\tb) omit paragraph (d). \n3) In subsection (5)— \n\ta) omit  “a PCT order, or”, and \n\tb) before paragraph (a) insert— \n\t\tza) section 14A(1), . \n137) \n1) Section 273 (further provision about orders and directions) is amended as follows. \n2) In subsection (3) for  “by a Strategic Health Authority” substitute  “by the Board”. \n3) In subsection (4)(c)(ii)— \n\ta) after  “8,” insert  “13Z1,”, and \n\tb) omit  “15,”. \n138) \n1) Section 275 (interpretation) is amended as follows. \n2) In subsection (1)— \n\ta) before the definition of  “dental practitioner” insert— “the Board” means the National Health Service Commissioning Board, “clinical commissioning group” means a body established under section 14D of this Act, , \n\tb) in the definition of  “health service hospital” omit  “a Primary Care Trust,”, and \n\tc) after the definition of  “modifications” insert— “NHS body” means— \n\t\ta) the Board, \n\t\tb) a clinical commissioning group, \n\t\tc) a Special Health Authority, \n\t\td) an NHS trust, \n\t\te) an NHS foundation trust, and \n\t\tf) a Local Health Board. \n3) In subsection (3)— \n\ta) omit  “or 15”, \n\tb) omit  “Strategic Health Authority,” (in both places where it occurs), and \n\tc) omit  “Primary Care Trust or” (in both places where it occurs). \n4) Until the commencement of section 33, the definition of  “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Strategic Health Authority. \n5) Until the commencement of section 34, the definition of  “NHS body” in section 275 of the National Health Service Act 2006 has effect as if it included a reference to a Primary Care Trust. \n139) \n1) Section 276 (index of defined expressions) is amended as follows. \n2) Omit the entry relating to  “NHS body”. \n3) After the entry for  “LPS scheme” insert— NHS constitutionsection 1B(2) \n4) Omit the entry relating to  “PCT order”. \n5) After the entry relating to  “provider, in relation to an NHS contract” insert— public health functions of the Secretary of Statesection 1H(5)(a)public health functions of local authoritiessection 1H(5)(b) . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/4",
    "legislation_id": "ukpga/2012/7",
    "title": "Amendments of the National Health Service Act 2006",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637500Z",
    "text": "Section 21) **Functions of Special Health Authorities**\n\n1) Section 7 of the National Health Service Act 2006 (distribution of health service functions) is amended as follows. \n2) For subsection (1) substitute— \n1) The Secretary of State may direct a Special Health Authority to exercise any functions of the Secretary of State or any other person which relate to the health service in England and are specified in the direction. \n1A) Subsection (1) does not apply to any function of the Secretary of State of making an order or regulations. \n1B) Before exercising the power in subsection (1) in relation to a function of a person other than the Secretary of State, the Secretary of State must consult that person. \n1C) Regulations may provide that a Special Health Authority specified in the regulations is to have such additional functions in relation to the health service in England as may be so specified. \n3) Omit subsections (2) and (3). \n4) For the heading to that section, and for the cross-heading preceding it, substitute  “Functions of Special Health Authorities”. \n5) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zzc) insert— \n\tzzd) regulations under section 7(1C), . \n6) In section 273 of that Act (further provision about orders and directions), in subsection (4)(b)— \n\ta) before paragraph (i) insert— \n\t\t\tzi) section 7 about a function of a person other than the Secretary of State, and \n\tb) in paragraph (i) after  “a function” insert  “of the Secretary of State”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/21",
    "legislation_id": "ukpga/2012/7",
    "title": "Functions of Special Health Authorities",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637946Z",
    "text": "Section 130) **Health special administration regulations**\n\n1) Regulations (referred to in this Chapter as  “health special administration regulations”) must make further provision about health special administration orders. \n2) Health special administration regulations may apply with or without modifications— \n\ta) any provision of Part 2 of the Insolvency Act 1986 (administration) or any related provision of that Act, and \n\tb) any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act. \n3) Health special administration regulations may, in particular, provide that the court may make a health special administration order in relation to a relevant provider if it is satisfied, on a petition by the Secretary of State under section 124A of the Insolvency Act 1986 (petition for winding up on grounds of public interest), that it would be just and equitable (disregarding the objective of the health special administration) to wind up the provider in the public interest. \n4) Health special administration regulations may make provision about— \n\ta) the application of procedures under the Insolvency Act 1986 in relation to relevant providers, and \n\tb) the enforcement of security over property of relevant providers. \n5) Health special administration regulations may, in particular, make provision about the publication and maintenance by NHS England of a list of relevant providers. \n6) Health special administration regulations may in particular— \n\ta) require NHS England to publish guidance for commissioners about the application of the criteria referred to in section 129(1)(a); \n\tb) confer power on NHS England to revise guidance published by virtue of paragraph (a) and require it to publish guidance so revised; \n\tc) require NHS England , before publishing guidance by virtue of paragraph (a) or (b), to obtain the approval of the Secretary of State  ...; \n\td) require commissioners, when applying the criteria referred to in section 129(1)(a), to have regard to such matters as NHS England may specify in guidance published by virtue of paragraph (a) or (b); \n\te) require NHS England to make arrangements for facilitating agreement between commissioners in their exercise of their function under section 129(1)(a); \n\tf) confer power on NHS England , where commissioners fail to reach agreement in pursuance of arrangements made by virtue of paragraph (e), to exercise their function under section 129(1)(a); \n\tg) provide that, in consequence of the exercise of the power conferred by virtue of paragraph (f), the function under section 129(1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged; \n\th) require a health special administrator to carry out in accordance with the regulations consultation on the action which the administrator recommends should be taken in relation to the provider concerned. \n7) Health special administration regulations may modify this Chapter or any enactment mentioned in subsection (8) in relation to any provision made by virtue of this Chapter. \n8) The enactments are— \n\ta) the Insolvency Act 1986, and \n\tb) any other enactment which relates to insolvency or administration or makes provision by reference to anything that is or may be done under that Act. \n9) The power to make rules under section 411 of the Insolvency Act 1986 (company insolvency rules) applies for the purpose of giving effect to provision made by virtue of this Chapter as it applies for the purpose of giving effect to Parts 1 to 7 of that Act. \n10) For that purpose— \n\ta) the power to make rules in relation to England and Wales is exercisable by the Lord Chancellor with the concurrence of the Secretary of State and, in the case of rules that affect court procedure, with the concurrence of the Lord Chief Justice; \n\tb) the power to make rules in relation to Scotland is exercisable by the Secretary of State; \n\tc) references in section 411 of that Act to those Parts are to be read as including a reference to this Chapter. \n11) Before making health special administration regulations the Secretary of State must consult such persons as the Secretary of State considers appropriate . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/130",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/130",
    "legislation_id": "ukpga/2012/7",
    "title": "Health special administration regulations",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 130,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638455Z",
    "text": "Section 232) **The National Institute for Health and Care Excellence**\n\n1) There is to be a body corporate known as the National Institute for Health and Care Excellence (referred to in this Part as  “NICE”). \n2) Schedule 16 (which makes further provision about NICE) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/232",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/232",
    "legislation_id": "ukpga/2012/7",
    "title": "The National Institute for Health and Care Excellence",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 232,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638630Z",
    "text": "Section 268) **Database of quality indicators**\n\n1) Regulations may make provision conferring functions on NHS England in connection with the establishment, maintenance and publication of a database of quality indicators in relation to the provision of health services and of adult social care in England. \n2) The regulations may, in particular, make provision about— \n\ta) the persons who may propose a quality indicator for inclusion in the database, \n\tb) the giving of advice and guidance by NHS England to such persons in relation to such a proposal, \n\tc) the assessment and approval of quality indicators proposed for inclusion in the database by such person as the Secretary of State or NHS England may direct, and \n\td) the inclusion in the database of guidance about how providers may demonstrate performance measured against the quality indicators. \n3) In this section a  “quality indicator” means a factor by reference to which performance in the provision of services or care can be measured. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/268",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/268",
    "legislation_id": "ukpga/2012/7",
    "title": "Database of quality indicators",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 268,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637569Z",
    "text": "Section 38) **Approval functions**\n\n1) After section 12 of the Mental Health Act 1983 insert— \n\nSection 12ZA) **Agreement for exercise of approval function: England**\n\n1) The Secretary of State may enter into an agreement with another person for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently— \n\ta) with that other person, and \n\tb) if a requirement under section 12ZB has effect, with the other person by whom the function is exercisable under that requirement. \n2) In this section and sections 12ZB and 12ZC,  “approval function” means— \n\ta) the function under section 12(2), or \n\tb) the function of approving persons as approved clinicians. \n3) An agreement under this section may, in particular, provide for an approval function to be exercisable by the other party— \n\ta) in all circumstances or only in specified circumstances; \n\tb) in all areas or only in specified areas. \n4) An agreement under this section may provide for an approval function to be exercisable by the other party— \n\ta) for a period specified in the agreement, or \n\tb) for a period determined in accordance with the agreement. \n5) The other party to an agreement under this section must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function. \n6) An instruction under subsection (5) may require the other party to cease to exercise the function to such extent as the instruction specifies. \n7) The agreement may provide for the Secretary of State to pay compensation to the other party in the event of an instruction such as is mentioned in subsection (6) being given. \n8) An instruction under subsection (5) may be given in such form as the Secretary of State may determine. \n9) The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may determine; but that does not apply to an instruction such as is mentioned in subsection (6). \n10) An agreement under this section may provide for the Secretary of State to make payments to the other party; and the Secretary of State may make payments to other persons in connection with the exercise of an approval function by virtue of this section. \n\nSection 12ZB) **Requirement to exercise approval functions: England**\n\n1) The Secretary of State may impose a requirement on the National Health Service Commissioning Board (“the Board”) or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently— \n\ta) with the Board or (as the case may be) Special Health Authority, and \n\tb) if an agreement under section 12ZA has effect, with the other person by whom the function is exercisable under that agreement. \n2) The Secretary of State may, in particular, require the body concerned to exercise an approval function— \n\ta) in all circumstances or only in specified circumstances; \n\tb) in all areas or only in specified areas. \n3) The Secretary of State may require the body concerned to exercise an approval function— \n\ta) for a period specified in the requirement, or \n\tb) for a period determined in accordance with the requirement. \n4) Where a requirement under subsection (1) is imposed, the Board or (as the case may be) Special Health Authority must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function. \n5) An instruction under subsection (4) may be given in such form as the Secretary of State may determine. \n6) The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may determine. \n7) Where the Board or a Special Health Authority has an approval function by virtue of this section, the function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that Act. \n8) The Secretary of State may make payments in connection with the exercise of an approval function by virtue of this section. \n\nSection 12ZC) **Provision of information for the purposes of section 12ZA or 12ZB**\n\n1) A relevant person may provide another person with such information as the relevant person considers necessary or appropriate for or in connection with— \n\ta) the exercise of an approval function; or \n\tb) the exercise by the Secretary of State of the power— \n\t\ti) to enter into an agreement under section 12ZA; \n\t\tii) to impose a requirement under section 12ZB; or \n\t\tiii) to give an instruction under section 12ZA(5) or 12ZB(4). \n2) The relevant persons are— \n\ta) the Secretary of State; \n\tb) a person who is a party to an agreement under section 12ZA; or \n\tc) if the Secretary of State imposes a requirement under section 12ZB on the National Health Service Commissioning Board or a Special Health Authority, the Board or (as the case may be) Special Health Authority. \n3) This section, in so far as it authorises the provision of information by one relevant person to another relevant person, has effect notwithstanding any rule of common law which would otherwise prohibit or restrict the provision. \n4) In this section,  “information” includes documents and records. \n2) In section 54(1) of that Act (requirement for certain medical evidence etc. to be from practitioner approved under section 12 of the Act), after  “the Secretary of State” insert  “, or by another person by virtue of section 12ZA or 12ZB above,”. \n3) In section 139(4) of that Act (protection for acts done in pursuance of the Act: exceptions), at the end insert  “or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions”. \n4) In section 145(1) of that Act (interpretation), in the definition of  “approved clinician”, after  “the Secretary of State” insert  “or another person by virtue of section 12ZA or 12ZB above”. \n5) In each of the following provisions, after  “the Secretary of State” insert  “, or by another person by virtue of section 12ZA or 12ZB of that Act,”— \n\ta) in section 8(2) of the Criminal Procedure (Insanity) Act 1964 (interpretation), in the definition of  “duly approved”, \n\tb) in section 51(1) of the Criminal Appeal Act 1968 (interpretation), in the definition of  “duly approved”, \n\tc) in section 6(1) of the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (interpretation), in the definition of  “duly approved”, \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) in section 172(1) of the Armed Forces Act 2006 (fitness to stand trial etc : definition of  “duly approved”), and \n\tf) in section 258(5) of that Act (mentally disordered offenders), in the definition of  “medical report”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/38",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/38",
    "legislation_id": "ukpga/2012/7",
    "title": "Approval functions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 38,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637962Z",
    "text": "Section 134) **Duty to establish mechanisms for providing financial assistance**\n\n1) NHS England must establish, and secure the effective operation of, one or more mechanisms for providing financial assistance in cases where a provider of health care services for the purposes of the NHS (referred to in this Chapter as a  “provider”) is subject to— \n\ta) a health special administration order (within the meaning of Chapter 5), or \n\tb) an order under section 65D(2) of the National Health Service Act 2006 (trust special administration for NHS foundation trusts). \n2) Mechanisms that NHS England may establish under this section include, in particular— \n\ta) mechanisms for raising money to make grants or loans or to make payments in consequence of indemnities given by NHS England by virtue of section 132 or under section 65D(12) of the National Health Service Act 2006; \n\tb) mechanisms for securing that providers arrange, or are provided with, insurance facilities. \n3) NHS England may secure that a mechanism established under this section operates so as to enable it to recover the costs it incurs in establishing and operating the mechanism. \n4) NHS England may establish different mechanisms for different providers or providers of different descriptions. \n5) NHS England does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under this Chapter. \n6) An order under section 306 providing for the commencement of this Chapter may require NHS England to comply with the duty to establish under subsection (1) before such date as the order specifies. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/134",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/134",
    "legislation_id": "ukpga/2012/7",
    "title": "Duty to establish mechanisms for providing financial assistance",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 134,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638231Z",
    "text": "Section 204) **Arrangements under section 107 of the National Health Service Act 2006**\n\n1) Section 108 of the National Health Service Act 2006 (persons with whom section 107 arrangements may be made) is amended as follows. \n2) In subsection (1)— \n\ta) before  “make an agreement” insert  “, subject to such conditions as may be prescribed,”, \n\tb) in each of paragraphs (b) and (c), omit  “who meets the prescribed conditions”, \n\tc) for paragraph (f) substitute— \n\t\tf) a dental corporation, , and \n\td) after paragraph (f) insert— \n\t\tfa) a company limited by shares where the conditions in subsection (1A) are satisfied, \n\t\tfb) a limited liability partnership where subsection (1B) or (1C) applies, . \n3) After subsection (1) insert— \n1A) The conditions referred to in subsection (1)(fa) are that— \n\ta) every person who owns a share in the company owns it both legally and beneficially, and \n\tb) it is not possible for two or more members of the company who are not persons who fall within subsection (1)(a) to (e) to hold the majority of the voting rights conferred by shares in the company on any matter on which members have such rights. \n4) After subsection (1A) insert— \n1B) This subsection applies if a member of the partnership who falls within subsection (1)(a) to (e) has the power to secure that the partnership's affairs are conducted in accordance with that member's wishes. \n1C) This subsection applies if, in any combination of members of the partnership who, acting together, have the power (or who, if they were to act together, would have the power) to secure that the partnership's affairs are conducted in accordance with their wishes, at least one of them falls within subsection (1)(a) to (e). \n5) Omit subsection (2). \n6) In subsection (3)— \n\ta) at the appropriate place insert— “dental corporation”” means a body corporate which is carrying on the business of dentistry in accordance with the Dentists Act 1984, , and \n\tb) omit the definition of  “qualifying body”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/204",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/204",
    "legislation_id": "ukpga/2012/7",
    "title": "Arrangements under section 107 of the National Health Service Act 2006",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 204,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637798Z",
    "text": "Section 97) **Conditions: supplementary**\n\n1) The standard or special conditions of a licence under this Chapter may, in particular, include conditions— \n\ta) requiring the licence holder to pay to NHS England such fees of such amounts as NHS England may determine in respect of the exercise by NHS England of its functions under this Chapter, \n\tb) requiring the licence holder to comply with any requirement imposed on it by NHS England under Chapter 6 (financial assistance in special administration cases), \n\tc) requiring the licence holder to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to prevent anti-competitive behaviour in the provision of health care services for the purposes of the NHS which is against the interests of people who use such services, \n\td) requiring the licence holder to give notice to the CMA before entering into an arrangement under which, or a transaction in consequence of which, the licence holder's activities, and the activities of one or more other businesses, cease to be distinct activities, \n\te) requiring the licence holder to provide NHS England with such information as NHS England considers necessary for the purposes of the exercise of its functions under this Part, \n\tf) requiring the licence holder to publish such information as may be specified or as NHS England may direct, \n\tg) requiring the licence holder to charge for the provision of health care services for the purposes of the NHS in accordance with the NHS payment scheme (see section 114A ) , \n\th) requiring the licence holder to comply with other rules published by NHS England about the charging for the provision of health care services for the purposes of the NHS, \n\ti) requiring the licence holder— \n\t\ti) to do, or not to do, specified things or things of a specified description (or to do, or not to do, any such things in a specified manner) within such period as may be specified in order to ensure the continued provision of one or more of the health care services that the licence holder provides for the purposes of the NHS, \n\t\tii) to give NHS England notice (of such period as may be determined by or under the licence) of the licence holder's intention to cease providing a health care service for the purposes of the NHS, and \n\t\tiii) if NHS England so directs, to continue providing that service for a period determined by NHS England , \n\tj) about the use or disposal by the licence holder of assets used in the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes, and \n\tk) about the making by the licence holder of investment in relation to the provision of health care services for the purposes of the NHS in order to ensure the continued provision of one or more of the health care services that the licence holder provides for those purposes. \n2) In subsection (1)\n\t\t\t\t\t “specified” means specified in a condition. \n3) NHS England must not include a condition under subsection (1)(c) that requires the licence holder (A) to provide another licence holder with access to facilities of A. \n4) A condition under subsection (1)(d)— \n\ta) may be included only in the licence of an NHS foundation trust or a body which (or part of which) used to be an NHS trust established under section 25 of the National Health Service Act 2006, and \n\tb) ceases to have effect at the end of the period of five years beginning with the day on which it is included in the licence. \n5) The references in subsection (1)(d) to the activities of a licence holder or other business include a reference to part of the activities concerned. \n6) The references in subsections (1)(d) and (5) to the activities of a business include a reference to the activities of an NHS foundation trust in so far as its activities would not otherwise be the activities of a business. \n7) A condition of a licence under this Chapter may provide that it is to have effect, or cease to have effect, at such times and in such circumstances as may be determined by or under the conditions. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/97",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/97",
    "legislation_id": "ukpga/2012/7",
    "title": "Conditions: supplementary",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 97,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637653Z",
    "text": "Section 60) **Co-operation with bodies exercising functions in relation to public health**\n\n1) In Part 13 of the National Health Service Act 2006, before section 248 (and the cross-heading preceding it) insert— *Co-operation in relation to public health functions*\n\n\nSection 247B) **Co-operation in relation to public health functions**\n\n1) This section applies to any body or other person that exercises functions similar to those of the Secretary of State under section 2A (whether or not in relation to the United Kingdom). \n2) The Secretary of State must co-operate with the body or other person in the exercise by it of those functions. \n3) If the Secretary of State acts under subsection (2) at the request of the body or other person, the Secretary of State may impose charges in respect of any costs incurred by the Secretary of State in doing so. \n4) The body or other person must co-operate with the Secretary of State in the exercise by the Secretary of State of functions under section 2A. \n5) If the body or other person acts under subsection (4) at the request of the Secretary of State, it may impose charges in respect of any costs incurred by it in doing so. \n2) In section 271 of that Act (territorial limit of exercise of functions), in subsection (3) after paragraph (d) insert— \n\tda) section 247B (co-operation in relation to public health functions), . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/60",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/60",
    "legislation_id": "ukpga/2012/7",
    "title": "Co-operation with bodies exercising functions in relation to public health",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 60,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638713Z",
    "text": "Section 283) **Standing advisory committees**\n\n1) Omit section 250 of, and Schedule 19 to, the National Health Service Act 2006 (Secretary of State's standing advisory committees). \n2) In consequence of the repeal of Schedule 19 to that Act, in Schedule 3 to the Health Act 2009, omit paragraph 13. \n3) The repeal of section 250 of the National Health Service Act 2006 does not affect the continuing effect of the National Health Service (Standing Advisory Committees) Order 1981 (S.I. 1981/597) (establishment of the Joint Committee on Vaccination and Immunisation) made under that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/283",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/283",
    "legislation_id": "ukpga/2012/7",
    "title": "Standing advisory committees",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 283,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638115Z",
    "text": "Section 174) **Trust special administrators**\n\n1) In section 65A of the National Health Service Act 2006 (bodies to which trust special administration regime applies)— \n\ta) in subsection (1), for paragraphs (b) and (c) substitute— \n\t\tb) any NHS foundation trust. , and \n\tb) omit subsection (2). \n2) For the title to section 65B of that Act substitute  “NHS trusts: appointment of trust special administrator”. \n3) In section 65D of that Act (NHS foundation trusts: regulator's notice), for subsections (1) to (3) substitute— \n1) This section applies if the regulator is satisfied that an NHS foundation trust is, or is likely to become, unable to pay its debts. \n2) The regulator may make an order authorising the appointment of a trust special administrator to exercise the functions of the governors, chairman and directors of the trust. \n3) As soon as reasonably practicable after the making of an order under subsection (2), the Care Quality Commission must provide to the regulator a report on the safety and quality of the services that the trust provides under this Act. \n4) In subsection (4) of that section— \n\ta) for  “giving a notice” substitute  “making an order”, \n\tb) after paragraph (a) insert— \n\t\taa) the Board, , \n\tc) omit paragraph (b), \n\td) in paragraph (c), omit  “goods or”, and \n\te) after paragraph (c) insert , and \n\t\td) the Care Quality Commission. \n5) After that subsection insert— \n5) An order under subsection (2) must specify the date when the appointment is to take effect, which must be within the period of 5 working days beginning with the day on which the order is made. \n6) The regulator must lay before Parliament (with the statutory instrument containing the order) a report stating the reasons for making the order. \n7) If the regulator makes an order under subsection (2), it must— \n\ta) appoint a person as the trust special administrator with effect from the day specified in the order, and \n\tb) publish the name of the person appointed. \n8) A person appointed as a trust special administrator under this section holds and vacates office in accordance with the terms of the appointment. \n9) A person appointed as a trust special administrator under this section must manage the trust's affairs, business and property, and exercise the trust special administrator's functions, so as to achieve the objective set out in section 65DA as quickly and as efficiently as is reasonably practicable. \n10) When the appointment of a trust special administrator under this section takes effect, the trust's governors, chairman and executive and non-executive directors are suspended from office; and Chapter 5 of this Part, in its application to the trust, is to be read accordingly. \n11) But subsection (10) does not affect the employment of the executive directors or their membership of any committee or sub-committee of the trust. \n12) The regulator may indemnify a trust special administrator appointed under this section in respect of such matters as the regulator may determine. \n6) For the title to that section substitute  “NHS foundation trusts: appointment of trust special administrator”. \n7) Omit the cross-heading preceding that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/174",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/174",
    "legislation_id": "ukpga/2012/7",
    "title": "Trust special administrators",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 174,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638600Z",
    "text": "Section 261) **Other dissemination of information**\n\n1) NHS England may disseminate (other than by way of publication), to any such persons and in such form and manner and at such times, as it considers appropriate, any information— \n\ta) which it obtains by complying with a direction under section 254 or a request under section 255, and \n\tb) which falls within subsection (2). \n1A) But NHS England may do so only if it considers that disseminating the information would be for purposes connected with — \n\ta) the provision of health care or adult social care, or \n\tb) the promotion of health. \n2) Information falls within this subsection if— \n\ta) the information is required to be published under section 260; \n\tb) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and— \n\t\ti) the relevant person has consented to the dissemination, or \n\t\tii) NHS England , after taking into account the public interest as well as the interests of the relevant person, considers that it is appropriate for the information to be disseminated; \n\tc) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained and the individual has consented to the dissemination; \n\td) NHS England is prohibited from publishing the information only by virtue of it falling within section 260(2)(c) and NHS England considers it would be in the public interest for the information to be disseminated; \n\te) NHS England is prohibited from publishing the information only by virtue of a direction given under section 260(2)(d) and that direction provides that the power in subsection (1) applies to the information. \n3) A direction under section 260(2)(d) may require NHS England to disseminate information which NHS England is prohibited from publishing only by virtue of the direction. \n4) NHS England may also disseminate, in such form and manner and at such times as it considers appropriate, any information which it collects pursuant to a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) to any person to whom the information could have been lawfully disclosed by the person from whom NHS England collected the information. \n5) NHS England may also disclose information which it obtains by complying with a direction under section 254 or a request under section 255 (whether or not it falls within subsection (2)) if— \n\ta) the information has previously been lawfully disclosed to the public, \n\tb) the disclosure is made in accordance with any court order, \n\tc) the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual, \n\td) the disclosure is made to any person in circumstances where it is necessary or expedient for the person to have the information for the purpose of exercising functions of that person conferred under or by virtue of any provision of this or any other Act, \n\te) the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or \n\tf) the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom). \n6) Paragraphs (a), (b) and (f) of subsection (5) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure. \n7) Nothing in this section or section 262 prevents NHS England from disseminating information (otherwise than by publishing it) under or by virtue of any other provision of this or any other Act. \n8) For the purposes of this section, the provision by NHS England of information which it has obtained by complying with a direction under section 254 to the Secretary of State is to be treated as dissemination by NHS England of that information to the Secretary of State. \n9) For the purposes of this section and section 262, the provision by NHS England of information which it has obtained by complying with a request under section 255 to the person who made the request is to be treated as dissemination by NHS England of that information to that person. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/261",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/261",
    "legislation_id": "ukpga/2012/7",
    "title": "Other dissemination of information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 261,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638788Z",
    "text": "Section 302) **Transfer schemes in respect of previously transferred property**\n\n1) This section applies in relation to any property, rights or liabilities transferred under a property transfer scheme made under section 300(1) (before its repeal) from a Primary Care Trust, a Strategic Health Authority or the Secretary of State to a Special Health Authority or a qualifying company. \n2) The Secretary of State may make a scheme for the transfer of any such property, rights or liabilities from the Special Health Authority or qualifying company to any of the following— \n\ta) a Minister of the Crown; \n\tb) NHS England; \n\tc) an integrated care board; \n\td) an NHS trust; \n\te) an NHS foundation trust; \n\tf) a qualifying company. \n3) The things that may be transferred under a scheme under this section include— \n\ta) property, rights and liabilities that could not otherwise be transferred; \n\tb) property acquired, and rights and liabilities arising, after the making of the scheme; \n\tc) criminal liabilities, except where transfer is to a Minister of the Crown. \n4) A transfer scheme under this section may make supplementary, incidental, transitional and consequential provision and may in particular— \n\ta) create rights, or impose liabilities, in relation to property or rights transferred; \n\tb) make provision about the continuing effect of things done by the transferor in respect of anything transferred; \n\tc) make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred; \n\td) make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee. \n5) A transfer scheme under this section may make provision for the shared ownership or use of property. \n6) A transfer scheme under this section may provide— \n\ta) for the scheme to be modified by agreement after it comes into effect, and \n\tb) for any such modifications to have effect from the date when the original scheme comes into effect. \n7) In this section references to the transfer of property include references to the grant of a lease. \n8) In this section “qualifying company” means— \n\ta) a company which is formed under section 223 of the National Health Service Act 2006 and wholly or partly owned by the Secretary of State or NHS England, or \n\tb) a subsidiary of a company which is formed under that section and wholly owned by the Secretary of State. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/302",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/302",
    "legislation_id": "ukpga/2012/7",
    "title": "Transfer schemes in respect of previously transferred property",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 302,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637805Z",
    "text": "Section 99) **Notification of commissioners where continuation of services at risk**\n\n1) This section applies where NHS England — \n\ta) takes action in the case of a licence holder in reliance on a condition in the licence under section 97(1)(i), (j) or (k), and \n\tb) does so because it is satisfied that the continued provision for the purposes of the NHS of health care services to which that condition applies is being put at significant risk by the configuration of certain health care services provided for those purposes. \n2) In subsection (1), a reference to the provision of services is a reference to their provision by the licence holder or any other provider. \n3) NHS England must as soon as reasonably practicable notify such integrated care boards as NHS England considers appropriate— \n\ta) of the action it has taken, and \n\tb) of its reasons for being satisfied as mentioned in subsection (1)(b). \n4) NHS England must publish for each financial year a list of the notifications under this section that it has given during that year; and the list must include for each notification a summary of NHS England’s reasons for being satisfied as mentioned in subsection (1)(b). \n5)  ... Integrated care boards , having received a notification under this section, must have regard to it in arranging for the provision of health care services for the purposes of the NHS. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/99",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/99",
    "legislation_id": "ukpga/2012/7",
    "title": "Notification of commissioners where continuation of services at risk",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 99,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637535Z",
    "text": "Section 30) **Appointment of directors of public health**\nIn Part 3 of the National Health Service Act 2006 (local authorities and the NHS) before section 74 insert— \n\nSection 73A) **Appointment of directors of public health**\n\n1) Each local authority must, acting jointly with the Secretary of State, appoint an individual to have responsibility for — \n\ta) the exercise by the authority of its functions under section 2B, 111 or 249 or Schedule 1, \n\tb) the exercise by the authority of its functions by virtue of section 6C(1) or (3), \n\tc) anything done by the authority in pursuance of arrangements under section 7A, \n\td) the exercise by the authority of any of its functions that relate to planning for, or responding to, emergencies involving a risk to public health, \n\te) the functions of the authority under section 325 of the Criminal Justice Act 2003, and \n\tf) such other functions relating to public health as may be prescribed. \n2) The individual so appointed is to be an officer of the local authority and is to be known as its director of public health. \n3) Subsection (4) applies if the Secretary of State— \n\ta) considers that the director has failed or might have failed to discharge (or to discharge properly) the responsibilities of the director under— \n\t\ti) subsection (1)(b), or \n\t\tii) subsection (1)(c) where the arrangements relate to the Secretary of State's functions under section 2A, and \n\tb) has consulted the local authority. \n4) The Secretary of State may direct the local authority to— \n\ta) review how the director has discharged the responsibilities mentioned in subsection (3)(a); \n\tb) investigate whether the director has failed to discharge (or to discharge properly) those responsibilities; \n\tc) consider taking any steps specified in the direction; \n\td) report to the Secretary of State on the action it has taken in pursuance of a direction given under any of the preceding paragraphs. \n5) A local authority may terminate the appointment of its director of public health. \n6) Before terminating the appointment of its director of public health, a local authority must consult the Secretary of State. \n7) A local authority must have regard to any guidance given by the Secretary of State in relation to its director of public health, including guidance as to appointment and termination of appointment, terms and conditions and management. \n8) In this section,  “local authority” has the same meaning as in section 2B. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/30",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/30",
    "legislation_id": "ukpga/2012/7",
    "title": "Appointment of directors of public health",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 30,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638597Z",
    "text": "Section 260) **Publication of information**\n\n1) NHS England must publish all information which it obtains by complying with a direction under section 254 or a request under section 255 unless the information falls within subsection (2); and, subject to subsection (3), if the information falls within that subsection, NHS England must not publish it. \n2) Information falls within this subsection if— \n\ta) the information is in a form which identifies any relevant person to whom the information relates or enables the identity of such a relevant person to be ascertained and NHS England , after taking into account the public interest as well as the interests of the relevant person, considers that it is not appropriate for the information to be published, \n\tb) the information is in a form which identifies any individual to whom the information relates who is not a relevant person or enables the identity of such an individual to be ascertained, \n\tc) NHS England considers that— \n\t\ti) the information fails to meet the information standards published under section 250 (so far as they are applicable), and \n\t\tii) it would not be in the public interest to publish the information, or \n\td) the information is of a description specified in a direction given to NHS England by the Secretary of State  .... \n3) A direction under section 254 may provide that the obligation to publish imposed by subsection (1) applies to information falling within subsection (2)(a) which is obtained by complying with the direction. \n4) Where NHS England publishes information which it obtains by complying with  ... a mandatory request under section 255, NHS England — \n\ta) must comply with the requirements (if any) specified in the  ... mandatory request as to the form, manner and timing of publication of the information, and \n\tb) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate. \n5) Where NHS England publishes information which it obtains by complying with a request under section 255 other than a mandatory request, NHS England — \n\ta) may act in accordance with such provision (if any) as may be included in the request as to the form, manner and timing of publication of the information, and \n\tb) may publish the information in such other form and such other manner, and at such other times, as it considers appropriate. \n6) In considering the appropriate form, manner and timing of publication of information under this section, NHS England must have regard to— \n\ta) the need for the information to be easily accessible, \n\tb) the persons who NHS England considers likely to use the information, and \n\tc) the uses to which NHS England considers the information is likely to be put. \n7) In this Chapter  “relevant person” means— \n\ta) any person who provides health care or adult social care, or \n\tb) any body corporate not falling within paragraph (a). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/260",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/260",
    "legislation_id": "ukpga/2012/7",
    "title": "Publication of information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 260,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637584Z",
    "text": "Section 42) **Transfers to and from special hospitals**\n\n1) Omit section 123 of the Mental Health Act 1983 (transfers to and from special hospitals). \n2) In section 68A of that Act (power to reduce periods after which cases must be referred to tribunal), in subsection (4)— \n\ta) after paragraph (c), insert  “or”, \n\tb) omit the  “or” following paragraph (d), and \n\tc) omit paragraph (e). \n3) In section 138 of that Act (retaking of patients escaping from custody), in subsection (4)(a), omit  “or under section 123 above”. \n4) In consequence of the repeal made by subsection (1), omit paragraph 67 of Schedule 4 to the Health Act 1999. \n5) This section does not affect— \n\ta) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section, \n\tb) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or \n\tc) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/42",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/42",
    "legislation_id": "ukpga/2012/7",
    "title": "Transfers to and from special hospitals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 42,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638120Z",
    "text": "Section 175) **Objective of trust special administration**\n\n1) After section 65D of the National Health Service Act 2006 insert— \n\nSection 65DA) **Objective of trust special administration**\n\n1) The objective of a trust special administration is to secure— \n\ta) the continued provision of such of the services provided for the purposes of the NHS by the NHS foundation trust that is subject to an order under section 65D(2), at such level, as the commissioners of those services determine, and \n\tb) that it becomes unnecessary for the order to remain in force for that purpose. \n2) The commissioners may determine that the objective set out in subsection (1) is to apply to a service only if they are satisfied that the criterion in subsection (3) is met. \n3) The criterion is that ceasing to provide the service under this Act would, in the absence of alternative arrangements for its provision under this Act, be likely to— \n\ta) have a significant adverse impact on the health of persons in need of the service or significantly increase health inequalities, or \n\tb) cause a failure to prevent or ameliorate either a significant adverse impact on the health of such persons or a significant increase in health inequalities. \n4) In determining whether that criterion is met, the commissioners must (in so far as they would not otherwise be required to do so) have regard to— \n\ta) the current and future need for the provision of the service under this Act, \n\tb) whether ceasing to provide the service under this Act would significantly reduce equality between those for whom the commissioner arranges for the provision of services under this Act with respect to their ability to access services so provided, and \n\tc) such other matters as may be specified in relation to NHS foundation trusts in guidance published by the regulator. \n5) The regulator may revise guidance under subsection (4)(c) and, if it does so, must publish the guidance as revised. \n6) Before publishing guidance under subsection (4)(c) or (5), the regulator must obtain the approval of— \n\ta) the Secretary of State; \n\tb) the Board. \n7) The Board must make arrangements for facilitating agreement between commissioners in determining the services provided by the trust under this Act to which the objective set out in subsection (1) is to apply. \n8) Where commissioners fail to reach agreement in pursuance of arrangements under subsection (7), the Board may make the determination (and the duty imposed by subsection (1)(a), so far as applying to the commissioners concerned, is to be regarded as discharged). \n9) In this section— \n\t- “commissioners” means the persons to which the trust provides services under this Act, and\n\t- “health inequalities” means the inequalities between persons with respect to the outcomes achieved for them by the provision of services that are provided as part of the health service.\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/175",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/175",
    "legislation_id": "ukpga/2012/7",
    "title": "Objective of trust special administration",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 175,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637829Z",
    "text": "Section 105) **Discretionary requirements**\n\n1) NHS England may impose one or more discretionary requirements on a person if NHS England is satisfied that the person— \n\ta) has provided, or is providing, a health care service for the purposes of the NHS in breach of the requirement to hold a licence under this Chapter (see section 81), \n\tb) is a licence holder who has provided, or is providing, a health care service for the purposes of the NHS in breach of a condition of the licence, or \n\tc) is in breach of a requirement imposed by NHS England under section 104. \n2) In this Chapter,  “discretionary requirement” means— \n\ta) a requirement to pay a monetary penalty to NHS England of such amount as NHS England may determine (referred to in this Chapter as a  “variable monetary penalty”), \n\tb) a requirement to take such steps within such period as NHS England may specify, to secure that the breach in question does not continue or recur (referred to in this Chapter as a  “compliance requirement”), or \n\tc) a requirement to take such steps within such period as NHS England may specify, to secure that the position is, so far as possible, restored to what it would have been if the breach in question was not occurring or had not occurred (referred to in this Chapter as a  “restoration requirement”). \n3) NHS England must not impose discretionary requirements on a person on more than one occasion in relation to the same breach. \n4) A variable monetary penalty must not exceed 10% of the turnover in England of the person on whom it is imposed, such amount to be calculated in the prescribed manner. \n5) If the whole or any part of a variable monetary penalty is not paid by the time it is required to be paid, the unpaid balance from time to time carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838; but the total interest must not exceed the amount of the penalty. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/105",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/105",
    "legislation_id": "ukpga/2012/7",
    "title": "Discretionary requirements",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 105,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637645Z",
    "text": "Section 58) **Radiation protection functions**\n\n1) The appropriate authority must take such steps as it considers appropriate for the purposes of protecting the public from radiation (whether ionising or not). \n2) The steps that may be taken under subsection (1) include— \n\ta) the conduct of research or such other steps as the appropriate authority considers appropriate for advancing knowledge and understanding; \n\tb) providing technical services (whether in laboratories or otherwise); \n\tc) providing services for the prevention, diagnosis or treatment of illness arising from exposure to radiation; \n\td) providing training; \n\te) providing information and advice; \n\tf) making available the services of any person or any facilities. \n3) The appropriate authority may do anything which it considers appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section. \n4) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section. \n5) In the exercise of any function under this section which relates to a matter in respect of which a Health and Safety body has a function, the appropriate authority must— \n\ta) consult the body, and \n\tb) have regard to the body's policies. \n6) Each of the following is a Health and Safety body— \n\ta) the Health and Safety Executive; \n\tb) the Health and Safety Executive for Northern Ireland. \n\tc) the Office for Nuclear Regulation. \n7) In subsection (2)(f),  “facilities” has the same meaning as in the National Health Service Act 2006. \n8) In this section,  “the appropriate authority” means— \n\ta) the Scottish Ministers to the extent that the functions are exercisable within devolved competence (within the meaning of the Scotland Act 1998); \n\tb) the Department of Health, Social Services and Public Safety in Northern Ireland to the extent that the functions relate to a transferred matter (within the meaning of the Northern Ireland Act 1998); \n\tc) the Secretary of State in any other case. \n9) In this section,  “the public” means— \n\ta) where the appropriate authority is the Secretary of State, the public in Wales, Scotland and Northern Ireland, \n\tb) where the appropriate authority is the Scottish Ministers, the public in Scotland, and \n\tc) where the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland, the public in Northern Ireland. \n10) This section does not apply in relation to England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/58",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/58",
    "legislation_id": "ukpga/2012/7",
    "title": "Radiation protection functions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 58,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638482Z",
    "text": "Section 239) **Training**\n\n1) Regulations may confer functions on NICE in relation to providing, or facilitating the provision of, training in connection with any matter concerning or connected with the provision of— \n\ta) NHS services, \n\tb) public health services, or \n\tc) social care in England. \n2) The regulations may provide that a function conferred under subsection (1)(a)— \n\ta) is only exercisable on the direction of NHS England ; \n\tb) is subject to directions given by NHS England about NICE's exercise of the function. \n3) The regulations may provide that a function conferred under subsection (1)(b) or (c)— \n\ta) is only exercisable on the direction of the Secretary of State; \n\tb) is subject to directions given by the Secretary of State about NICE's exercise of the function. \n4) The regulations may provide for the imposition by NICE of charges for or in connection with the provision, or the facilitation of the provision, of training. \n5) Provision made under subsection (4) may include provision for charges to be calculated on the basis NICE considers to be the appropriate commercial basis. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/239",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/239",
    "legislation_id": "ukpga/2012/7",
    "title": "Training",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 239,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637581Z",
    "text": "Section 41) **Provision of pocket money for in-patients**\n\n1) Section 122 of the Mental Health Act 1983 (provision of pocket money for in-patients) is amended as follows. \n2) In subsection (1)— \n\ta) for  “Secretary of State may” substitute  “Welsh Ministers may (in relation to Wales)”, \n\tb) for  “he thinks fit” substitute  “the Welsh Ministers think fit”, \n\tc) for  “their” substitute “those persons'”, \n\td) for  “him” substitute  “the Welsh Ministers”, and \n\te) for  “they” substitute  “those persons”. \n3) In subsection (2)— \n\ta) omit  “the National Health Service Act 2006 and”, and \n\tb) for  “either of those Acts” substitute  “that Act”. \n4) In section 146 of that Act (application to Scotland), omit  “122,”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/41",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/41",
    "legislation_id": "ukpga/2012/7",
    "title": "Provision of pocket money for in-patients",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 41,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637615Z",
    "text": "Section 50) **Charges in respect of certain public health functions**\n\n1) After section 186 of the National Health Service Act 2006 insert— \n\nSection 186A) **Charges in respect of public health functions**\n\n1) The Secretary of State may make charges under this subsection in respect of any step taken under section 2A. \n2) The power conferred by subsection (1) does not apply in respect of the provision of a service or facility to an individual, or the taking of any other step in relation to an individual, for the purpose of protecting the individual's health. \n3) Charges under subsection (1) may be calculated on such basis as the Secretary of State considers appropriate. \n4) Regulations may provide for the making and recovery of charges in respect of— \n\ta) the taking of prescribed steps by a local authority under section 2A (by virtue of regulations under section 6C(1)), and \n\tb) the taking of prescribed steps by a local authority under section 2B. \n5) Regulations under subsection (4) may make provision as to the calculation of charges authorised by the regulations, including provision prescribing the amount or the maximum amount that may be charged. \n6) Nothing in this section affects any other power conferred by or under this Act to make charges. \n2) In section 272 of that Act (orders, regulations, rules and directions), in subsection (6) after paragraph (zc) insert— \n\tzd) regulations under section 186A(4), . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/50",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/50",
    "legislation_id": "ukpga/2012/7",
    "title": "Charges in respect of certain public health functions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 50,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638425Z",
    "text": "Section 224) **Funding of the Authority**\n\n1) After section 25 of the National Health Service Reform and Health Care Professions Act 2002 insert— \n\nSection 25A) **Funding of the Authority**\n\n1) The Privy Council must by regulations require each regulatory body to pay the Authority periodic fees of such amount as the Privy Council determines in respect of such of the Authority's functions in relation to that body as are specified in the regulations. \n2) A reference in this section to the Authority's functions does not include a reference to its functions under sections 25G to 25I and 26A. \n3) The regulations must, in particular, provide for the method of determining the amount of a fee under the regulations. \n4) Before determining the amount of a fee under the regulations, the Privy Council must request the Authority to make a proposal as to the amount of funding that it considers it requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations. \n5) The Authority must— \n\ta) comply with a request under subsection (4), but \n\tb) before doing so, consult the regulatory bodies. \n6) Having received a proposal under subsection (5), the Privy Council may consult the regulatory bodies. \n7) Having taken into account such representations as it receives from consultees, the Privy Council must— \n\ta) make a proposal as to the amount of funding that it considers the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and \n\tb) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body would be required to pay. \n8) The Privy Council must— \n\ta) consult the Authority about the proposal under subsection (7)(a) and the determinations under subsection (7)(b), and \n\tb) consult each regulatory body about the determination under subsection (7)(b) of the amount it would be required to pay. \n9) Having taken into account such representations as it receives from consultees, the Privy Council must— \n\ta) determine the amount of funding that the Authority requires in order to perform for the period to which the fee would apply such of its functions in relation to the regulatory bodies as are specified in the regulations, and \n\tb) determine in accordance with the method provided for under subsection (3) the amount of the fee that each regulatory body is to be required to pay. \n10) Regulations under this section requiring payment of a fee may make provision— \n\ta) requiring the fee to be paid within such period as is specified; \n\tb) requiring interest at such rate as is specified to be paid if the fee is not paid within the period specified under paragraph (a); \n\tc) for the recovery of unpaid fees or interest. \n11) The regulations may enable the Privy Council to redetermine the amount of a fee provided for under the regulations, on a request by the Authority or a regulatory body or on its own initiative. \n12) Before making regulations under this section, the Privy Council must consult— \n\ta) the Authority, \n\tb) the regulatory bodies, and \n\tc) such other persons as it considers appropriate. \n2) In section 25(5) of that Act (meaning of  “this group of sections”) for  “26” substitute  “25A”. \n3) In section 38 of that Act (regulations and orders) after subsection (3) insert— \n3A) A statutory instrument containing regulations made by the Privy Council under section 25A shall be subject to annulment in pursuance of a resolution of either House of Parliament. \n3B) Regulations made by the Privy Council under section 25A that include provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament shall be subject to the negative procedure in that Parliament (in addition to the statutory instrument containing the regulations being subject to annulment under subsection (3A)). \n3C) Sections 28 and 31 of the Interpretation and Legislative Reform (Scotland) Act 2010 (negative procedure etc.) shall apply in relation to regulations of the description given in subsection (3B) as they apply in relation to devolved subordinate legislation (within the meaning of Part 2 of that Act) that is subject to the negative procedure, but as if references to a Scottish statutory instrument were references to a statutory instrument. \n3D) Section 32 of that Act (laying) shall apply in relation to the laying of a statutory instrument containing regulations of the description given in subsection (3B) before the Scottish Parliament as it applies in relation to the laying of a Scottish statutory instrument (within the meaning of Part 2 of that Act) before that Parliament. \n4) In paragraph 14 of Schedule 7 to that Act (payments and loans to Authority), after sub-paragraph (2) insert— \n2A) The Authority may borrow money for the purposes of or in connection with its functions; and sub-paragraphs (3) and (4) are without prejudice to the generality of this sub-paragraph. \n5) In that paragraph, omit sub-paragraphs (5) and (6). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/224",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/224",
    "legislation_id": "ukpga/2012/7",
    "title": "Funding of the Authority",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 224,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638497Z",
    "text": "Section 243) **Additional functions**\n\n1) NICE may do any of the following— \n\ta) acquire, produce, manufacture and supply goods, \n\tb) acquire land by agreement and manage and deal with land, \n\tc) supply accommodation to any person, \n\td) supply services to any person and provide new services, \n\te) provide instruction for any person, and \n\tf) develop and exploit ideas and exploit intellectual property. \n2) But NICE may exercise a power under subsection (1) only— \n\ta) if doing so is connected with the provision of health care or social care, and \n\tb) to the extent that its exercise does not to any significant extent interfere with the performance by NICE of any function it has under or by virtue of any other provision of this Part. \n3) NICE may— \n\ta) charge for anything it does in the exercise of a power under subsection (1), and \n\tb) calculate any such charge on the basis that it considers to be the appropriate commercial basis. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/243",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/243",
    "legislation_id": "ukpga/2012/7",
    "title": "Additional functions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 243,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637561Z",
    "text": "Section 36) **Procedural requirements in connection with fluoridation of water supplies**\nAfter section 88A of the Water Industry Act 1991 insert— \n\nSection 88B) **Requirement for fluoridation proposal: England**\n\n1) The Secretary of State may not request a water undertaker to enter into arrangements under section 87(1) unless a fluoridation proposal is made to the Secretary of State. \n2) A fluoridation proposal is a proposal that the Secretary of State enter into arrangements with one or more water undertakers to increase the fluoride content of the water supplied by the undertaker or undertakers to premises within such area or areas in England as may be specified in the proposal. \n3) A fluoridation proposal may be made by one or more local authorities in England. \n4) A local authority may not make a fluoridation proposal unless its area includes, coincides with or is wholly or partly within the area, or at least one of the areas, specified in the proposal. \n5) In the following provisions of this Chapter,  “proposer”, in relation to a fluoridation proposal, means the local authority or authorities which made the proposal. \n6) Any reference in the following provisions of this Chapter to a local authority affected by a fluoridation proposal is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area, or at least one of the areas, specified in the proposal. \n\nSection 88C) **Initial consultation etc. on fluoridation proposal**\n\n1) This section applies if a fluoridation proposal is made. \n2) The proposer must consult the Secretary of State as to whether the arrangements which would result from implementing the proposal would be operable and efficient. \n3) The proposer must consult each water undertaker who supplies water to premises within the area or areas specified in the proposal as to whether the arrangements which would result from implementing the proposal, insofar as they might affect the undertaker, would be operable and efficient. \n4) Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter mentioned in that subsection. \n5) The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under subsection (3). \n6) If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the arrangements would not be operable and efficient, no further steps may be taken in relation to the proposal. \n\nSection 88D) **Additional requirements where other local authorities affected**\n\n1) This section applies where— \n\ta) a fluoridation proposal is made, \n\tb) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal would be operable and efficient, \n\tc) one or more local authorities other than the proposer are affected by the proposal, and \n\td) the proposer wishes to take further steps in relation to the proposal. \n2) The proposer must notify any other local authority which is affected by the proposal. \n3) The proposer must make arrangements for enabling the authorities affected by the proposal to decide whether further steps should be taken in relation to the proposal. \n4) The Secretary of State must by regulations— \n\ta) make provision as to the arrangements which must be made for the purposes of subsection (3), and \n\tb) prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied before any further steps may be taken in relation to the proposal. \n\nSection 88E) **Decision on fluoridation proposal**\n\n1) This section applies where— \n\ta) a fluoridation proposal is made, \n\tb) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal would be operable and efficient, \n\tc) in a case where section 88D applies, the conditions prescribed under subsection (4)(b) of that section are satisfied, and \n\td) the proposer wishes to take further steps in relation to the proposal. \n2) The proposer must comply with such requirements as may be prescribed in regulations made by the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation to the proposal. \n3) The proposer may (after any requirements imposed by regulations under subsection (2) have been complied with) modify the proposal. \n4) But the proposal may not be modified so as to extend the boundary of any area to which it relates, or to add another area, except in circumstances prescribed in regulations by the Secretary of State. \n5) The proposer must (after any requirements imposed by regulations under subsection (2) have been complied with) decide whether to request the Secretary of State to make such requests under section 87(1) as are necessary to implement the proposal. \n6) The Secretary of State may by regulations make provision— \n\ta) as to factors which the proposer must or may take into account in making the decision mentioned in subsection (5); \n\tb) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2) or (5). \n\nSection 88F) **Decision-making procedure: exercise of functions by committee**\n\n1) This section applies in relation to the exercise of functions under or by virtue of section 88E(2) to (5)\n\t\t\t\t\t\t\t\t(“the fluoridation functions”) except where the proposer is a single local authority and either— \n\ta) no other local authorities are affected by the proposal, or \n\tb) no other local authority which is affected by the proposal informs the proposer that it wishes to participate in the exercise of the fluoridation functions. \n2) The local authorities affected by the proposal must— \n\ta) arrange for an existing joint committee of the authorities to exercise the fluoridation functions, \n\tb) establish a joint committee of the authorities for that purpose, or \n\tc) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and Social Care Act 2012 to exercise the fluoridation functions. \n3) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint sub-committee of the Boards to exercise the fluoridation functions. \n4) The Secretary of State may by regulations make provision— \n\ta) for subsection (2)(a) to apply only in relation to a joint committee which meets prescribed conditions as to its membership; \n\tb) as to the membership of a joint committee established under subsection (2)(b)\n\t\t\t\t\t\t\t\t\t\t(including provision as to qualification and disqualification for membership and the holding and vacating of office as a member); \n\tc) as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with subsection (3); \n\td) as to the procedure to be followed by any joint committee, or any joint sub-committee of Health and Wellbeing Boards, in exercising the fluoridation functions. \n\nSection 88G) **Secretary of State's duty in relation to fluoridation proposal**\n\n1) This section applies if the Secretary of State is requested to make such requests under section 87(1) as are necessary to implement a fluoridation proposal. \n2) The Secretary of State must comply with the request if the Secretary of State is satisfied that the requirements imposed by sections 88B to 88F have been met in relation to the proposal. \n3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88C(2) or (3), 88D(4) or 88E(2). \n\nSection 88H) **Payments by local authorities towards fluoridation costs**\n\n1) This section applies where a water undertaker enters into arrangements with the Secretary of State under section 87(1). \n2) The Secretary of State may require all local authorities affected by the arrangements to make payments to the Secretary of State to meet any costs incurred by the Secretary of State under the terms of the arrangements. \n3) The amount to be paid by each of the affected local authorities is to be determined— \n\ta) where a joint committee, or a joint sub-committee of Health and Wellbeing Boards, has exercised the fluoridation functions of the authorities in relation to the proposal which resulted in the arrangements being made and the committee or sub-committee continues to exist at the time when the Secretary of State exercises the power conferred by subsection (2), by that committee or sub-committee; \n\tb) in any other case, by agreement between the local authorities. \n4) If the amount to be paid by the affected local authorities is not determined as mentioned in subsection (3), the Secretary of State may— \n\ta) determine the amount to be paid, or \n\tb) refer the matter for determination by such other person as the Secretary of State considers appropriate. \n5) The amount determined in accordance with subsection (3) may, at the request of one or more of the affected local authorities, be varied with the agreement of all of them. \n6) If the affected local authorities fail to reach agreement for the purposes of subsection (5), the Secretary of State may— \n\ta) determine whether to vary the amount (and, if so, how), or \n\tb) refer the matter for determination by such other person as the Secretary of State considers appropriate. \n7) Any reference in this section to a local authority affected by arrangements under section 87(1) is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area specified in the arrangements. \n\nSection 88I) **Variation or termination of arrangements under section 87(1)**\n\n1) The Secretary of State may not request a water undertaker to vary arrangements entered into by the water undertaker under section 87(1) unless a proposal (“a variation proposal”) is made to the Secretary of State for a variation in the arrangements. \n2) The Secretary of State may not give notice to a water undertaker under section 87C(7) to terminate arrangements entered into by the water undertaker under section 87(1) unless a proposal (“a termination proposal”) is made to the Secretary of State for the termination of the arrangements. \n3) Subsection (1) does not apply in relation to a variation to provide for the concentration of fluoride in the area specified in the arrangements (or any part of it) to be lower than the general target concentration. \n4) The Secretary of State may by regulations provide that subsection (1) or (2) does not apply in prescribed circumstances. \n5) A variation or termination proposal may be made by one or more of the local authorities affected by the arrangements. \n6) The Secretary of State may by regulations provide that, where a termination proposal is made in relation to arrangements under section 87(1), no further termination proposal may be made in relation to the arrangements until the end of such period as may be specified in the regulations. \n7) In the following provisions of this Chapter,  “proposer”, in relation to a variation or termination proposal, means the local authority or authorities which made the proposal. \n8) Any reference in this section and in the following provisions of this Chapter to a local authority affected by a variation or termination proposal is a reference to a local authority whose area includes, coincides with or is wholly or partly within the area specified in the arrangements. \n9) In relation to a proposal for the variation of the area specified in arrangements under section 87(1), any reference in this section and in the following provisions of this Chapter to a local authority affected by the proposal also includes a reference to a local authority whose area would include, coincide with or be wholly or partly within the area specified in the arrangements if the variation were made. \n\nSection 88J) **Initial consultation etc. on variation or termination proposal**\n\n1) This section applies if a variation or termination proposal is made. \n2) In the case of a variation proposal, the proposer must consult the Secretary of State and the water undertaker who entered into the arrangements as to whether the arrangements as varied in accordance with the proposal would be operable and efficient. \n3) In the case of a termination proposal, the proposer must consult the Secretary of State and the water undertaker who entered into the arrangements as to whether it would be reasonably practicable to terminate the arrangements. \n4) Each person consulted under subsection (2) or (3) must give the proposer its opinion on the matter mentioned in that subsection. \n5) The proposer must notify the Secretary of State of the opinion of each water undertaker consulted under subsection (2) or (3). \n6) If the Secretary of State informs the proposer that the Secretary of State is of the opinion that the arrangements as varied would not be operable and efficient or (as the case may be) that it would not be reasonably practicable to terminate the arrangements, no further steps may be taken in relation to the proposal. \n\nSection 88K) **Additional requirements where other local authorities affected**\n\n1) This section applies where— \n\ta) a variation or termination proposal is made, \n\tb) the Secretary of State is of the opinion that the arrangements as varied would be operable and efficient or (as the case may be) that it would be reasonably practicable to terminate the arrangements, \n\tc) one or more local authorities other than the proposer are affected by the proposal, and \n\td) the proposer wishes to take further steps in relation to the proposal. \n2) The proposer must notify any other local authority which is affected by the proposal. \n3) The proposer must make arrangements for enabling the authorities affected by the proposal to decide whether further steps should be taken in relation to the proposal. \n4) The duty in subsection (3) does not apply in relation to the proposal if the Secretary of State so directs by an instrument in writing. \n5) The Secretary of State may by regulations provide that the duty in subsection (3) does not apply in prescribed circumstances. \n6) The Secretary of State must by regulations— \n\ta) make provision as to the arrangements which must be made for the purposes of subsection (3), and \n\tb) prescribe conditions, with respect to the outcome of the arrangements, which must be satisfied before any further steps may be taken in relation to the proposal. \n\nSection 88L) **Decision on variation or termination proposal**\n\n1) This section applies where— \n\ta) a variation or termination proposal is made, \n\tb) the Secretary of State is of the opinion that the arrangements which would result from implementing the proposal would be operable and efficient or (as the case may be) that it would be reasonably practicable to terminate the arrangements, \n\tc) in a case where the duty in section 88K(3) applies, the conditions prescribed under subsection (6)(b) of that section are satisfied, and \n\td) the proposer wishes to take further steps in relation to the proposal. \n2) The proposer must comply with such requirements as may be prescribed in regulations made by the Secretary of State as to the steps to be taken for the purposes of consulting and ascertaining opinion in relation to the proposal. \n3) The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an instrument in writing. \n4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in prescribed circumstances. \n5) The proposer of a variation proposal may (after any requirements imposed by regulations under subsection (2) have been complied with) modify the proposal. \n6) But, except in circumstances prescribed in regulations by the Secretary of State, the proposal may not be modified so as to propose the extension of the boundary of the area specified in the arrangements or, if the proposal is that the arrangements be varied so as to extend the boundary, may not be modified so as to propose a further extension of it. \n7) The proposer must (after any requirements imposed by regulations under subsection (2) have been complied with) decide whether to request the Secretary of State to request the water undertaker to vary the arrangements or (as the case may be) to give notice under section 87C(7) to the water undertaker to terminate the arrangements. \n8) The Secretary of State may by regulations may make provision— \n\ta) as to factors which the proposer must or may take into account in making the decision mentioned in subsection (7); \n\tb) as to the procedure to be followed by the proposer in exercising functions under or by virtue of subsection (2) or (7). \n\nSection 88M) **Decision-making procedure: exercise of functions by committee**\n\n1) This section applies in relation to the exercise of functions under or by virtue of section 88L(2) to (7)\n\t\t\t\t\t\t\t\t(“the relevant functions”) except where the proposer is a single local authority and either— \n\ta) no other local authorities are affected by the proposal, or \n\tb) no other local authority which is affected by the proposal informs the proposer that it wishes to participate in the exercise of the functions. \n2) The local authorities affected by the proposal must— \n\ta) arrange for an existing joint committee of the authorities to exercise the relevant functions, \n\tb) establish a joint committee of the authorities for that purpose, or \n\tc) arrange for the Health and Wellbeing Boards established by them under section 194 of the Health and Social Care Act 2012 to exercise the relevant functions. \n3) The duty in subsection (2) does not apply in relation to the proposal if the Secretary of State so directs by an instrument in writing. \n4) The Secretary of State may by regulations provide that the duty in subsection (2) does not apply in prescribed circumstances. \n5) Where arrangements are made under subsection (2)(c) the Health and Wellbeing Boards in question must exercise the power conferred by section 198(b) of the Health and Social Care Act 2012 to establish a joint sub-committee of the Boards to exercise the relevant functions. \n6) The Secretary of State may by regulations make provision— \n\ta) for subsection (2)(a) to apply only in relation to a joint committee which meets prescribed conditions as to its membership; \n\tb) as to the membership of a joint committee established under subsection (2)(b)\n\t\t\t\t\t\t\t\t\t\t(including provision as to qualification and disqualification for membership and the holding and vacating of office as a member); \n\tc) as to the membership of a joint sub-committee of Health and Wellbeing Boards established in accordance with subsection (5); \n\td) as to the procedure to be followed by any joint committee, or any joint sub-committee of Health and Wellbeing Boards, in exercising the relevant functions. \n\nSection 88N) **Secretary of State's duty in relation to requests for variation or termination**\n\n1) This section applies if (following the making of a variation or termination proposal) the Secretary of State is requested— \n\ta) to request a variation of arrangements entered into under section 87(1), or \n\tb) (as the case may be) to give notice under section 87C(7) to a water undertaker to terminate such arrangements. \n2) The Secretary of State must comply with the request if satisfied that the requirements imposed by sections 88I to 88M have been met in relation to the proposal. \n3) Subsection (2) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed under or by virtue of section 88J(2) or (3), 88K(6) or 88L(2). \n\nSection 88O) **Power to make regulations as to maintenance of section 87 arrangements**\n\n1) The Secretary of State may by regulations prescribe circumstances in which arrangements must be made in accordance with the regulations— \n\ta) for consulting and ascertaining opinion on whether arrangements under section 87(1)\n\t\t\t\t\t\t\t\t\t\t(“section 87(1) arrangements”) should be maintained, and \n\tb) for enabling authorities affected by section 87(1) arrangements to decide whether to propose to the Secretary of State that they be maintained. \n2) The regulations must make provision requiring the Secretary of State to give notice under section 87C(7) to a water undertaker to terminate section 87(1) arrangements entered into by the undertaker if— \n\ta) the outcome of arrangements made by virtue of subsection (1)(b) is that the affected authorities decide not to propose that the section 87(1) arrangements be maintained, and \n\tb) the Secretary of State is satisfied that any requirements imposed by regulations under subsection (1), as to the arrangements to be made for the purposes mentioned in that subsection, have been met. \n3) Subsection (2)(b) does not require the Secretary of State to consider the adequacy of any steps taken for the purposes of complying with any requirement to consult or to ascertain opinion which is imposed by regulations made under subsection (1). \n4) The provision that may be made by regulations under subsection (1)\n\t\t\t\t\t\t\t\t(as to the arrangements to be made for the purposes mentioned in that subsection) includes provision corresponding, or similar, to any requirements imposed by or under sections 88K to 88M. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/36",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/36",
    "legislation_id": "ukpga/2012/7",
    "title": "Procedural requirements in connection with fluoridation of water supplies",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 36,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638762Z",
    "text": "Section 296) **Arrangements between  NHS England  and Scottish Ministers etc.**\n\n1) NHS England may make arrangements with the Scottish Ministers or a Scottish health body for NHS England to commission services for the purposes of the Scottish health service. \n2) Arrangements under this section may be on such terms and conditions as may be agreed between the parties to the arrangements. \n3) Those terms and conditions may include provision with respect to the making of payments to NHS England in respect of the cost to it of giving effect to the arrangements. \n4) In this section— \n\t- “commission” means arrange for the provision of, and\n\t- “Scottish health body” means— a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, andthe Common Services Agency for the Scottish Health Service constituted by section 10 of that Act.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/296",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/296",
    "legislation_id": "ukpga/2012/7",
    "title": "Arrangements between NHS England and Scottish Ministers etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 296,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637421Z",
    "text": "Section 4) **The Secretary of State's duty as to reducing inequalities**\nAfter section 1B of the National Health Service Act 2006 insert— \n\nSection 1C) **Duty as to reducing inequalities**\nIn exercising functions in relation to the health service, the Secretary of State must have regard to the need to reduce inequalities between the people of England with respect to the benefits that they can obtain from the health service. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/4",
    "legislation_id": "ukpga/2012/7",
    "title": "The Secretary of State's duty as to reducing inequalities",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637517Z",
    "text": "Section 25) **Clinical commissioning groups: establishment etc.**\n\n1) After Chapter A1 of Part 2 of the National Health Service Act 2006 insert— CHAPTER A2Clinical commissioning groupsEstablishment of clinical commissioning groupsGeneral duties of Board in relation to clinical commissioning groups14A1The Board must exercise its functions under this Chapter so as to ensure that at any time after the day specified by order of the Secretary of State for the purposes of this section each provider of primary medical services is a member of a clinical commissioning group.2The Board must exercise its functions under this Chapter so as to ensure that at any time after the day so specified the areas specified in the constitutions of clinical commissioning groups—atogether cover the whole of England, andbdo not coincide or overlap.3For the purposes of this Chapter,  “provider of primary medical services” means a person who is a party to an arrangement mentioned in subsection (4).4The arrangements mentioned in this subsection are—aa general medical services contract to provide primary medical services of a prescribed description,barrangements under section 83(2) for the provision of primary medical services of a prescribed description,csection 92 arrangements for the provision of primary medical services of a prescribed description.5Where a person who is a provider of primary medical services is a party to more than one arrangement mentioned in subsection (4), the person is to be treated for the purposes of this Chapter as a separate provider of primary medical services in respect of each of those arrangements.6Where two or more individuals practising in partnership are parties to an arrangement mentioned in subsection (4), the partnership is to be treated for the purposes of this Chapter as a provider of primary medical services (and the individuals are not to be so treated).7Where two or more individuals are parties to an arrangement mentioned in subsection (4) but are not practising in partnership, those persons collectively are to be treated for the purposes of this Chapter as a provider of primary medical services (and the individuals are not to be so treated).Applications for the establishment of clinical commissioning groups14B1An application for the establishment of a clinical commissioning group may be made to the Board.2The application may be made by any two or more persons each of whom—ais or wishes to be a provider of primary medical services, andbwishes to be a member of the clinical commissioning group.3The application must be accompanied by—aa copy of the proposed constitution of the clinical commissioning group,bthe name of the person whom the group wishes the Board to appoint as its accountable officer (as to which see paragraph 12 of Schedule 1A), andcsuch other information as the Board may specify in a document published for the purposes of this section.4At any time before the Board determines the application—aa person who is or wishes to be a provider of primary medical services (and wishes to be a member of the clinical commissioning group) may become a party to the application, with the agreement of the Board and the existing applicants;bany of the applicants may withdraw.5At any time before the Board determines the application, the applicants may modify the proposed constitution with the agreement of the Board.6Part 1 of Schedule 1A makes provision about the constitution of a clinical commissioning group.Determination of applications14C1The Board must grant an application under section 14B if it is satisfied as to the following matters.2Those matters are—athat the constitution complies with the requirements of Part 1 of Schedule 1A and is otherwise appropriate,bthat each of the members specified in the constitution will be a provider of primary medical services on the date the clinical commissioning group is established,cthat the area specified in the constitution is appropriate,dthat it would be appropriate for the Board to appoint, as the accountable officer of the group, the person named by the group under section 14B(3)(b),ethat the applicants have made appropriate arrangements to ensure that the clinical commissioning group will be able to discharge its functions,fthat the applicants have made appropriate arrangements to ensure that the group will have a governing body which satisfies any requirements imposed by or under this Act and is otherwise appropriate, andgsuch other matters as may be prescribed.3Regulations may make provision—aas to factors which the Board must or may take into account in deciding whether it is satisfied as to the matters mentioned in subsection (2);bas to the procedure for the making and determination of applications under section 14B.Effect of grant of application14D1If the Board grants an application under section 14B—aa clinical commissioning group is established, andbthe proposed constitution has effect as the clinical commissioning group's constitution.2Part 2 of Schedule 1A makes further provision about clinical commissioning groups.Variation of constitutionApplications for variation of constitution14E1A clinical commissioning group may apply to the Board to vary its constitution (including doing so by varying its area or its list of members).2If the Board grants the application, the constitution of the clinical commissioning group has effect subject to the variation.3Regulations may make provision—aas to the circumstances in which the Board must or may grant, or must or may refuse, applications under this section;bas to factors which the Board must or may take into account in determining whether to grant such applications;cas to the procedure for the making and determination of such applications.Variation of constitution otherwise than on application14F1The Board may vary the area specified in the constitution of a clinical commissioning group.2The Board may—aadd any person who is a provider of primary medical services to the list of members specified in the constitution of a clinical commissioning group;bremove any person from such a list.3The power conferred by subsection (1) or (2) is exercisable if—athe clinical commissioning group consents to the variation, orbthe Board considers that the variation is necessary for the purpose of discharging any of its duties under section 14A.4Before varying the constitution of a clinical commissioning group under subsection (1) or (2), the Board must consult—athat group, andbany other clinical commissioning group that the Board thinks might be affected by the variation.5Regulations may—aconfer powers on the Board to vary the constitution of a clinical commissioning group;bmake provision as to the circumstances in which those powers are exercisable and the procedure to be followed before they are exercised.Mergers, dissolution etc.Mergers14G1Two or more clinical commissioning groups may apply to the Board for—athose groups to be dissolved, andbanother clinical commissioning group to be established under this section.2An application under this section must be accompanied by—aa copy of the proposed constitution of the clinical commissioning group,bthe name of the person whom the group wishes the Board to appoint as its accountable officer, andcsuch other information as the Board may specify in a document published for the purposes of this section.3The applicants may, with the agreement of the Board, modify the application or the proposed constitution at any time before the Board determines the application.4Sections 14C and 14D(1) apply in relation to an application under this section as they apply in relation to an application under section 14B.Dissolution14H1A clinical commissioning group may apply to the Board for the group to be dissolved.2Regulations may make provision—aas to the circumstances in which the Board must or may grant, or must or may refuse, applications under this section;bas to factors which the Board must or may take into account in determining whether to grant such applications;cas to the procedure for the making and determination of such applications.Supplemental provision about applications, variation, mergers etc.Transfers in connection with variation, merger, dissolution etc.14I1The Board may make a property transfer scheme or a staff transfer scheme in connection with—athe variation of the constitution of a clinical commissioning group under section 14E or 14F, orbthe dissolution of a clinical commissioning group under section 14G or 14H.2A property transfer scheme is a scheme for the transfer from the clinical commissioning group of any property, rights or liabilities, other than rights or liabilities under or in connection with a contract of employment, to the Board or another clinical commissioning group.3A staff transfer scheme is a scheme for the transfer from the clinical commissioning group of any rights or liabilities under or in connection with a contract of employment to the Board or another clinical commissioning group.4Part 3 of Schedule 1A makes further provision about property transfer schemes and staff transfer schemes.Publication of constitution of clinical commissioning groups14J1A clinical commissioning group must publish its constitution.2If the constitution of a clinical commissioning group is varied under section 14E or 14F, the group must publish the constitution as so varied.Guidance about the establishment of clinical commissioning groups etc.14KThe Board may publish guidance as to—athe making of applications under section 14B for the establishment of a clinical commissioning group, including guidance on the form, content or publication of the proposed constitution;bthe making of applications under section 14E, 14G or 14H;cthe publication of the constitutions of clinical commissioning groups under section 14J.Governing bodies of clinical commissioning groupsGoverning bodies of clinical commissioning groups14L1A clinical commissioning group must have a governing body.2The main function of the governing body is to ensure that the group has made appropriate arrangements for ensuring that it complies with—aits obligations under section 14Q, andbsuch generally accepted principles of good governance as are relevant to it.3The governing body also has—athe function of determining the remuneration, fees and allowances payable to the employees of the clinical commissioning group or to other persons providing services to it,bthe function of determining the allowances payable under a pension scheme established under paragraph 11(4) of Schedule 1A, andcsuch other functions connected with the exercise of its main function as may be specified in the group's constitution or by regulations.4Only the following may be members of the governing body—aa member of the group who is an individual;ban individual appointed by virtue of regulations under section 14N(2);can individual of a description specified in the constitution of the group.5Regulations may make provision requiring a clinical commissioning group to obtain the approval of its governing body before exercising any functions specified in the regulations.6Regulations may make provision requiring governing bodies of clinical commissioning groups to publish, in accordance with the regulations, prescribed information relating to determinations made under subsection (3)(a) or (b).7The Board may publish guidance for governing bodies on the exercise of their functions under subsection (3)(a) or (b).Audit and remuneration committees of governing bodies14M1The governing body of a clinical commissioning group must have an audit committee and a remuneration committee.2The audit committee has—asuch functions in relation to the financial duties of the clinical commissioning group as the governing body considers appropriate for the purpose of assisting it in discharging its function under section 14L(2), andbsuch other functions connected with the governing body's function under section 14L(2) as may be specified in the group's constitution or by regulations.3The remuneration committee has—athe function of making recommendations to the governing body as to the discharge of its functions under section 14L(3)(a) and (b), andbsuch other functions connected with the governing body's function under section 14L(2) as may be specified in the group's constitution or by regulations.Regulations as to governing bodies of clinical commissioning groups14N1Regulations may make provision specifying the minimum number of members of governing bodies of clinical commissioning groups.2Regulations may—aprovide that the members of governing bodies must include the accountable officer of the clinical commissioning group;bprovide that the members of governing bodies, or their audit or remuneration committees, must include—iindividuals who are health care professionals of a prescribed description;iiindividuals who are lay persons;iiiindividuals of any other description which is prescribed;cin relation to any description of individuals mentioned in regulations by virtue of paragraph (b), specify—ithe minimum number of individuals of that description who must be appointed;iithe maximum number of such individuals who may be appointed;dprovide that the descriptions specified for the purposes of section 14L(4)(c) may not include prescribed descriptions.3Regulations may make provision as to—aqualification and disqualification for membership of governing bodies or their audit or remuneration committees;bhow members are to be appointed;cthe tenure of members (including the circumstances in which a member ceases to hold office or may be removed or suspended from office);deligibility for re-appointment.4Regulations may make provision for the appointment of chairs and deputy chairs of governing bodies or their audit or remuneration committees, including provision as to—aqualification and disqualification for appointment;btenure of office (including the circumstances in which the chair or deputy chair ceases to hold office or may be removed or suspended from office);celigibility for re-appointment.5Regulations may—amake provision as to the matters which must be included in the constitutions of clinical commissioning groups under paragraph 8 of Schedule 1A;bmake such other provision about the procedure of governing bodies or their audit or remuneration committees as the Secretary of State considers appropriate, including provision about the frequency of meetings.6In this section—“health care professional” means an individual who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;“lay person” means an individual who is not—a member of the clinical commissioning group,a health care professional, oran individual of a prescribed description.Conflicts of interestRegisters of interests and management of conflicts of interest14O1Each clinical commissioning group must maintain one or more registers of the interests of—athe members of the group,bthe members of its governing body,cthe members of its committees or sub-committees or of committees or sub-committees of its governing body, anddits employees.2Each clinical commissioning group must publish the registers maintained under subsection (1) or make arrangements to ensure that members of the public have access to the registers on request.3Each clinical commissioning group must make arrangements to ensure—athat a person mentioned in subsection (1) declares any conflict or potential conflict of interest that the person has in relation to a decision to be made in the exercise of the commissioning functions of the group,bthat any such declaration is made as soon as practicable after the person becomes aware of the conflict or potential conflict and, in any event, within 28 days, andcthat any such declaration is included in the registers maintained under subsection (1).4Each clinical commissioning group must make arrangements for managing conflicts and potential conflicts of interest in such a way as to ensure that they do not, and do not appear to, affect the integrity of the group's decision-making processes.5The Board must publish guidance for clinical commissioning groups on the discharge of their functions under this section.6Each clinical commissioning group must have regard to guidance published under subsection (5).7For the purposes of this section, the commissioning functions of a clinical commissioning group are the functions of the group in arranging for the provision of services as part of the health service. \n2) After Schedule 1 to the National Health Service Act 2006 insert the Schedule set out in Schedule 2 to this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/25",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/25",
    "legislation_id": "ukpga/2012/7",
    "title": "Clinical commissioning groups: establishment etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637504Z",
    "text": "Section 22) **Exercise of public health functions of the Secretary of State**\nAfter section 7 of the National Health Service Act 2006 insert— *Exercise of Secretary of State's public health functions*\n\n\nSection 7A) **Exercise of Secretary of State's public health functions**\n\n1) The Secretary of State may arrange for a body mentioned in subsection (2) to exercise any of the public health functions of the Secretary of State. \n2) Those bodies are— \n\ta) the Board; \n\tb) a clinical commissioning group; \n\tc) a local authority (within the meaning of section 2B). \n3) The power conferred by subsection (1) includes power to arrange for such a body to exercise any functions of the Secretary of State that are exercisable in connection with those functions (including the powers conferred by section 12). \n4) Where the Secretary of State arranges (under subsection (1)) for the Board to exercise a function, the Board may arrange for a clinical commissioning group to exercise that function. \n5) Any rights acquired, or liabilities (including liabilities in tort) incurred, in respect of the exercise by a body mentioned in subsection (2) of any function exercisable by it by virtue of this section are enforceable by or against that body (and no other person). \n6) Powers under this section may be exercised on such terms as may be agreed, including terms as to payment. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/22",
    "legislation_id": "ukpga/2012/7",
    "title": "Exercise of public health functions of the Secretary of State",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637470Z",
    "text": "Section 14) **Power of clinical commissioning groups as to commissioning certain health services**\nAfter section 3 of the National Health Service Act 2006 insert— \n\nSection 3A) **Power of clinical commissioning groups to commission certain health services**\n\n1) Each clinical commissioning group may arrange for the provision of such services or facilities as it considers appropriate for the purposes of the health service that relate to securing improvement— \n\ta) in the physical and mental health of the persons for whom it has responsibility, or \n\tb) in the prevention, diagnosis and treatment of illness in those persons. \n2) A clinical commissioning group may not arrange for the provision of a service or facility under subsection (1) if the Board has a duty to arrange for its provision by virtue of section 3B or 4. \n3) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of this section as they apply for the purposes of that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/14",
    "legislation_id": "ukpga/2012/7",
    "title": "Power of clinical commissioning groups as to commissioning certain health services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638092Z",
    "text": "Section 168) **Mergers**\n\n1) In section 56 of the National Health Service Act 2006 (mergers), in subsection (1)— \n\ta) in paragraph (b), after  “NHS trust” insert  “established under section 25”, and \n\tb) for the words from  “authorisation” to the end substitute  “the dissolution of the trusts and the establishment of a new NHS foundation trust.” \n2) After that subsection insert— \n1A) An application under this section may be made only with the approval of more than half of the members of the council of governors of each applicant (that is an NHS foundation trust). \n3) In subsection (2) of that section, omit— \n\ta) paragraph (c) (but not the  “and” following it), and \n\tb) the words from  “and must give” to the end. \n4) Omit subsection (3) of that section. \n5) For subsection (4) of that section substitute— \n4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the dissolution of the trusts and the establishment of the proposed new trust have been taken. \n6) Omit subsections (5) to (10) of that section. \n7) In subsection (11) of that section, for  “On an authorisation being given under this section” substitute  “On the grant of the application”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/168",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/168",
    "legislation_id": "ukpga/2012/7",
    "title": "Mergers",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 168,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638698Z",
    "text": "Section 279) **The Appointments Commission**\n\n1) The Appointments Commission is abolished. \n2) Part 5 of the Health Act 2006 (which established the Commission) is repealed. \n3) Part 2 of Schedule 20 (which contains consequential amendments and savings) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/279",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/279",
    "legislation_id": "ukpga/2012/7",
    "title": "The Appointments Commission",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 279,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638508Z",
    "text": "Section 246) **Protection from personal liability**\n\n1) Section 265 of the Public Health Act 1875 (which relates to the protection of members and officers of certain authorities from personal liability) has effect as if there were included in the authorities referred to in that section a reference to NICE. \n2) In its application to NICE as provided for by subsection (1), section 265 of that Act has effect as if any reference in that section to the Public Health Act 1875 were a reference to this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/246",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/246",
    "legislation_id": "ukpga/2012/7",
    "title": "Protection from personal liability",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 246,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638582Z",
    "text": "Section 256) **Requests for collection under section 255: confidential information**\n\n1) A request under section 255 is a confidential collection request if it is a request for NHS England to establish and operate a system for the collection of information which is in a form which— \n\ta) identifies any individual to whom the information relates who is not an individual who provides health care or adult social care, or \n\tb) enables the identity of such an individual to be ascertained. \n2) A person may make a confidential collection request under section 255 only if the request— \n\ta) is a mandatory request, \n\tb) relates to information which the person making the request (“R”) may require to be disclosed to R or to NHS England by the person holding it, or \n\tc) relates to information which may otherwise be lawfully disclosed to NHS England or to R by the person holding it. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/256",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/256",
    "legislation_id": "ukpga/2012/7",
    "title": "Requests for collection under section 255: confidential information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 256,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638027Z",
    "text": "Section 151) **Governors**\n\n1) In paragraph 7 of Schedule 7 to the National Health Service Act 2006 (public benefit corporation to have governors)— \n\ta) in sub-paragraph (1), for  “a board of governors” substitute  “a council of governors”, and \n\tb) in sub-paragraphs (2), (3) and (4), for  “the board” substitute  “the council”. \n2) Omit paragraph 9(3) of that Schedule (requirement for at least one member of council of governors to be appointed by PCT). \n3) For paragraph 9(7) of that Schedule (partnership organisations) substitute— \n7) Any organisation specified in the constitution for the purposes of this sub-paragraph may appoint one or more members of the council (but no more than the number specified for those purposes in the constitution). \n4) After paragraph 10 of that Schedule insert— \n\nSection 10A) ****\nThe general duties of the council of governors are— \n\ta) to hold the non-executive directors individually and collectively to account for the performance of the board of directors, and \n\tb) to represent the interests of the members of the corporation as a whole and the interests of the public. \n5) After paragraph 10A of that Schedule insert— \n\nSection 10B) ****\nA public benefit corporation must take steps to secure that the governors are equipped with the skills and knowledge they require in their capacity as such. \n6) After paragraph 10B of that Schedule insert— \n\nSection 10C) ****\nFor the purpose of obtaining information about the corporation's performance of its functions or the directors' performance of their duties (and deciding whether to propose a vote on the corporation's or directors' performance), the council of governors may require one or more of the directors to attend a meeting. \n7) In paragraph 23(4) of that Schedule (persons eligible for appointment as auditor by governors), in sub-paragraph (c), for  “the regulator” substitute  “the Secretary of State”. \n8) In paragraph 26(2) of that Schedule (information that must be given in annual reports etc.), after paragraph (a) insert— \n\taa) information on any occasions in the period to which the report relates on which the council of governors exercised its power under paragraph 10C, . \n9) In consequence of subsection (1)— \n\ta) in sections 33(4)(a) (in each place it appears), 35(2)(c) and (5)(c), 39(3)(a), 59(1), (2)(b) and (5) and 60(1) of that Act, for  “board of governors” substitute  “council of governors”, \n\tb) in section 60(2) and (3) and paragraphs 8 to 14, 17, 18, 20, 21, 23, 27 and 28 of Schedule 7 to that Act, for  “the board” (in each place it appears) substitute  “the council”, \n\tc) for the cross-heading preceding paragraph 7 of that Schedule substitute  “Council of Governors”, \n\td) in the cross-heading preceding paragraph 28 of that Schedule, for  “board” substitute  “council”, and \n\te) in paragraphs 4(2) and 5(1) of Schedule 10 to that Act, for  “board of governors” substitute  “council of governors”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/151",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/151",
    "legislation_id": "ukpga/2012/7",
    "title": "Governors",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 151,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638084Z",
    "text": "Section 166) **Information**\nFor section 48 of the National Health Service Act 2006 (information) substitute— \n\nSection 48) **Information**\n\n1) The Secretary of State may require an NHS foundation trust to provide the Secretary of State with such information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary of State in relation to the health service. \n2) The information must be provided in such form, and at such time or within such period, as the Secretary of State may require. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/166",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/166",
    "legislation_id": "ukpga/2012/7",
    "title": "Information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 166,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638224Z",
    "text": "Section 202) **Medical services: minor amendments**\n\n1) In section 86 of the National Health Service Act 2006 (persons eligible to enter into general medical services contracts), in subsection (3), in paragraphs (a) and (b), before  “legally and beneficially” insert  “both”. \n2) In section 89 of that Act (general medical services contracts: required terms), in subsection (3), for  “may make” substitute  “must make”. \n3) In section 93 of that Act (persons with whom arrangements may be made under section 92 of that Act for the provision of primary medical services), in the definition of  “qualifying body” in subsection (3), before  “legally and beneficially” insert  “both”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/202",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/202",
    "legislation_id": "ukpga/2012/7",
    "title": "Medical services: minor amendments",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 202,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637482Z",
    "text": "Section 17) **Other services etc. provided as part of the health service**\n\n1) In section 5 of the National Health Service Act 2006 (other services) for  “about the Secretary of State and services under this Act” substitute  “about the provision of services for the purposes of the health service in England”. \n2) Schedule 1 to that Act is amended as follows. \n3) In paragraph 1 (medical inspection of pupils)— \n\ta) for  “The Secretary of State” substitute  “A local authority”, and \n\tb) for  “local authorities” substitute  “the local authority”. \n4) In paragraph 2— \n\ta) in sub-paragraph (1)— \n\t\ti) for  “The Secretary of State” substitute  “A local authority”, and \n\t\tii) omit  “, by arrangement with any local authority,”, \n\tb) in sub-paragraph (2)— \n\t\ti) for  “The Secretary of State” substitute  “A local authority”, \n\t\tii) after  “educational establishment” insert  “in its area”, and \n\t\tiii) for  “a local authority” substitute  “the local authority”, and \n\tc) omit sub-paragraph (3). \n5) In paragraph 4— \n\ta) for  “A local authority may not make an arrangement” substitute  “A local authority may not provide for any medical inspection or treatment”, and \n\tb) for  “the arrangement” substitute  “the inspection or (as the case may be) treatment”. \n6) In paragraph 5— \n\ta) omit sub-paragraph (1)(a) and the word  “and” immediately following it, \n\tb) in sub-paragraph (2)— \n\t\ti) omit  “local authority or”, \n\t\tii) for  “the Secretary of State” substitute  “a local authority”, and \n\t\tiii) for  “him” substitute  “it”. \n7) In paragraph 7A (weighing and measuring of children)— \n\ta) for  “The Secretary of State” (in each place it occurs) substitute  “A local authority”, \n\tb) in sub-paragraph (1) omit  “, by arrangement with any local authority,”, and \n\tc) in sub-paragraph (2) — \n\t\ti) after  “any school” insert  “in its area”, and \n\t\tii) for  “a local authority” substitute  “the local authority”. \n8) In paragraph 7B (regulations as to weighing and measuring of children)— \n\ta) in sub-paragraph (1)(b) for  “by the Secretary of State” substitute  “by a local authority”, and \n\tb) in sub-paragraph (1)(d)— \n\t\ti) for  “by the Secretary of State” substitute  “by a local authority”, and \n\t\tii) after  “paragraph 7A” insert  “and of any other prescribed information relating to the children concerned”, and \n\tc) in sub-paragraph (2) after  “such weighing or measuring” insert  “or in relation to information prescribed under sub-paragraph (1)”. \n9) After paragraph 7B insert— \n\nSection 7C) **Supply of blood and other human tissues**\nThe Secretary of State must for the purposes of the health service make arrangements for— \n\ta) collecting, screening, analysing, processing and supplying blood or other tissues, \n\tb) preparing blood components and reagents, and \n\tc) facilitating tissue and organ transplantation. \n10) In paragraph 9 (provision of vehicles for disabled persons)— \n\ta) the existing text becomes sub-paragraph (1), \n\tb) in that sub-paragraph— \n\t\ti) for  “The Secretary of State may provide” substitute  “A clinical commissioning group may make arrangements for the provision of”, and \n\t\tii) for  “persons appearing to him to be persons who have a physical impairment” substitute  “persons for whom the group has responsibility and who appear to it to have a physical impairment”, and \n\tc) after that sub-paragraph insert— \n\t2) Subsections (1A), (1B) and (1D) of section 3 apply for the purposes of sub-paragraph (1) as they apply for the purposes of that section. \n11) In paragraph 10— \n\ta) in sub-paragraph (1)(a) after  “provided” insert  “in pursuance of arrangements made”, \n\tb) in sub-paragraph (2) — \n\t\ti) for  “The Secretary of State may” substitute  “The clinical commissioning group may make arrangements for”, \n\t\tii) in paragraph (a) for  “adapt” substitute  “the adaptation of”, \n\t\tiii) in paragraph (b) for  “maintain and repair” substitute  “the maintenance and repair of”, \n\t\tiv) in paragraph (c) for  “take out” substitute  “the taking out of”, \n\t\tv) in that paragraph for  “pay” substitute  “the payment of”, \n\t\tvi) in paragraph (d) for  “provide” (in each place it occurs) substitute  “the provision of”, and \n\t\tvii) in that paragraph for  “execute” substitute  “the execution of”, \n\tc) in sub-paragraph (3) for  “The Secretary of State” substitute  “A clinical commissioning group”, and \n\td) in sub-paragraph (5) for  “the Secretary of State” substitute  “the clinical commissioning group”. \n12) In paragraph 12 (provision of a microbiological service)— \n\ta) in sub-paragraph (1)— \n\t\ti) omit paragraph (a) and the word  “and” immediately following it, \n\t\tii) in paragraph (b) omit  “other”, and \n\t\tiii) in that paragraph for  “that service” substitute  “a microbiological service provided under section 2A”, and \n\tb) omit sub-paragraph (2). \n13) For paragraph 13 and the cross-heading preceding it substitute— \n\nSection 13) **Powers in relation to research etc.**\n\n1) The Secretary of State, the Board or a clinical commissioning group may conduct, commission or assist the conduct of research into— \n\ta) any matters relating to the causation, prevention, diagnosis or treatment of illness, and \n\tb) any such other matters connected with any service provided under this Act as the Secretary of State, the Board or the clinical commissioning group (as the case may be) considers appropriate. \n2) A local authority may conduct, commission or assist the conduct of research for any purpose connected with the exercise of its functions in relation to the health service. \n3) The Secretary of State, the Board, a clinical commissioning group or a local authority may for any purpose connected with the exercise of its functions in relation to the health service— \n\ta) obtain and analyse data or other information; \n\tb) obtain advice from persons with appropriate professional expertise. \n4) The power under sub-paragraph (1) or (2) to assist any person to conduct research includes power to do so by providing financial assistance or making the services of any person or other resources available. \n5) In this paragraph,  “local authority” has the same meaning as in section 2B. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/17",
    "legislation_id": "ukpga/2012/7",
    "title": "Other services etc. provided as part of the health service",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638107Z",
    "text": "Section 172) **Supplementary**\n\n1) In section 57 of the National Health Service Act 2006 (mergers: supplementary), in subsection (1)— \n\ta) for  “an authorisation is given under section 56” substitute  “an application is granted under section 56 or 56B”, and \n\tb) at the end insert  “or trusts”. \n2) In subsection (2) of that section— \n\ta) for  “such an authorisation is given, the Secretary of State” substitute  “such an application is granted, the regulator”, and \n\tb) in paragraph (a), after  “dissolving the” insert  “trust or”, and \n\tc) in paragraph (b), at the end insert  “or trusts”. \n3) After that subsection insert— \n2A) An order under section 56 or 56B is conclusive evidence of incorporation and conclusive evidence that the corporation is an NHS foundation trust. \n4) In subsection (3)(a) of that section, for  “section 54(3)” substitute  “section 54(4)”. \n5) In subsection (4) of that section— \n\ta) for  “section 56(1) and (2)” substitute  “sections 56(2) and 56B(3)”, and \n\tb) for  “section 54(4)(a) to (c)” substitute  “section 54(4)(a) or (c)”. \n6) In subsection (5) of that section, after  “section 56” insert  “or 56A”. \n7) Omit subsection (6) of that section. \n8) For the title to that section substitute  “Sections 56 to 56B: supplementary”. \n9) For the cross-heading preceding section 56 of that Act substitute  “Mergers, acquisitions and separations”. \n10) In section 64 of that Act (orders and regulations under Chapter 5 of Part 2 of that Act), in subsection (4)— \n\ta) omit the  “or” following paragraph (b), and \n\tb) after paragraph (c), insert , or \n\t\td) section 57A. \n11) After that subsection insert— \n4A) The Statutory Instruments Act 1946 applies in relation to the power of the regulator to make an order under section 57 or 57A as if the regulator were a Minister of the Crown. \n12) In section 271(3)(b) of that Act (territorial limit of exercise of functions under Chapter 5), for  “Part 1” substitute  “Part 2”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/172",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/172",
    "legislation_id": "ukpga/2012/7",
    "title": "Supplementary",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 172,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638724Z",
    "text": "Section 286) **Provision of information by Registrar General: Wales**\n\n1) Section 201 of the National Health Service (Wales) Act 2006 (provision of information by Registrar General) is amended as follows. \n2) In subsection (1)\n\t\t\t\t\t— \n\ta) for  “the Welsh Ministers” substitute  “any of the following persons”, and \n\tb) at the end insert — \n\t\ta) the Welsh Ministers, \n\t\tb) a Special Health Authority which has functions that are exercisable in relation to Wales, \n\t\tc) a Local Health Board, \n\t\td) an NHS trust established under section 18, and \n\t\te) such other persons as the Welsh Ministers may specify in a direction. \n3) In subsection (2)\n\t\t\t\t\t— \n\ta) for  “the Welsh Ministers” substitute  “the person to whom the information is provided”, and \n\tb) for  “their functions” substitute  “functions exercisable by the person”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/286",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/286",
    "legislation_id": "ukpga/2012/7",
    "title": "Provision of information by Registrar General: Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 286,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637634Z",
    "text": "Section 55) **Amendments related to Part 1 and transitional provision**\n\n1) Schedule 4 (which makes further amendments of the National Health Service Act 2006 in consequence of the provision made by this Part) has effect. \n2) Schedule 5 (which makes amendments of other enactments in consequence of the provision made by this Part) has effect. \n3) Schedule 6 (which makes transitional provision in connection with this Part) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/55",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/55",
    "legislation_id": "ukpga/2012/7",
    "title": "Amendments related to Part 1 and transitional provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 55,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638077Z",
    "text": "Section 164) **Goods and services**\n\n1) In section 43 of the National Health Service Act 2006 (authorised services), for subsections (1) and (2) substitute— \n1) The principal purpose of an NHS foundation trust is the provision of goods and services for the purposes of the health service in England. \n2) An NHS foundation trust may provide goods and services for any purposes related to— \n\ta) the provision of services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness, and \n\tb) the promotion and protection of public health. \n2A) An NHS foundation trust does not fulfil its principal purpose unless, in each financial year, its total income from the provision of goods and services for the purposes of the health service in England is greater than its total income from the provision of goods and services for any other purposes. \n2) In subsection (3) of that section (power to carry on other activities in order to generate additional income)— \n\ta) for  “The” substitute  “An”, \n\tb) for  “subsection (1)” substitute  “subsection (2)”, and \n\tc) omit  “, subject to any restrictions in the authorisation,”. \n3) After that subsection insert— \n3A) Each annual report prepared by an NHS foundation trust must give information on the impact that income received by the trust otherwise than from the provision of goods and services for the purposes of the health service in England has had on the provision by the trust of goods and services for those purposes. \n3B) Each document prepared by an NHS foundation trust under paragraph 27 of Schedule 7 (forward plan) must include information about— \n\ta) the activities other than the provision of goods and services for the purposes of the health service in England that the trust proposes to carry on, and \n\tb) the income it expects to receive from doing so. \n3C) Where a document which is being prepared under paragraph 27 of Schedule 7 contains a proposal that an NHS foundation trust carry on an activity of a kind mentioned in subsection (3B)(a), the council of governors of the trust must— \n\ta) determine whether it is satisfied that the carrying on of the activity will not to any significant extent interfere with the fulfilment by the trust of its principal purpose or the performance of its other functions, and \n\tb) notify the directors of the trust of its determination. \n3D) An NHS foundation trust which proposes to increase by 5% or more the proportion of its total income in any financial year attributable to activities other than the provision of goods and services for the purposes of the health service in England may implement the proposal only if more than half of the members of the council of governors of the trust voting approve its implementation. \n4) Omit subsections (4) to (7) of that section (goods and services that may be authorised, etc.). \n5) For the title to that section substitute  “Provision of goods and services”. \n6) In paragraph 2 of Schedule 7 to that Act (constitution), the existing text of which becomes sub-paragraph (1), after that sub-paragraph insert— \n2) If the corporation is an NHS foundation trust, the constitution must specify its principal purpose (as to which, see section 43(1)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/164",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/164",
    "legislation_id": "ukpga/2012/7",
    "title": "Goods and services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 164,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637462Z",
    "text": "Section 12) **Duties as to improvement of public health**\nAfter section 2A of the National Health Service Act 2006 insert— \n\nSection 2B) **Functions of local authorities and Secretary of State as to improvement of public health**\n\n1) Each local authority must take such steps as it considers appropriate for improving the health of the people in its area. \n2) The Secretary of State may take such steps as the Secretary of State considers appropriate for improving the health of the people of England. \n3) The steps that may be taken under subsection (1) or (2) include— \n\ta) providing information and advice; \n\tb) providing services or facilities designed to promote healthy living (whether by helping individuals to address behaviour that is detrimental to health or in any other way); \n\tc) providing services or facilities for the prevention, diagnosis or treatment of illness; \n\td) providing financial incentives to encourage individuals to adopt healthier lifestyles; \n\te) providing assistance (including financial assistance) to help individuals to minimise any risks to health arising from their accommodation or environment; \n\tf) providing or participating in the provision of training for persons working or seeking to work in the field of health improvement; \n\tg) making available the services of any person or any facilities. \n4) The steps that may be taken under subsection (1) also include providing grants or loans (on such terms as the local authority considers appropriate). \n5) In this section,  “local authority” means— \n\ta) a county council in England; \n\tb) a district council in England, other than a council for a district in a county for which there is a county council; \n\tc) a London borough council; \n\td) the Council of the Isles of Scilly; \n\te) the Common Council of the City of London. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/12",
    "legislation_id": "ukpga/2012/7",
    "title": "Duties as to improvement of public health",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638065Z",
    "text": "Section 161) **Amendment of constitution**\n\n1) In section 37 of the National Health Service Act 2006 (amendments of constitution), the existing text of which becomes subsection (1), for  “with the approval of the regulator” substitute only if— \n\ta) more than half of the members of the council of governors of the trust voting approve the amendments, and \n\tb) more than half of the members of the board of directors of the trust voting approve the amendments. \n2) After that subsection insert— \n2) Amendments made under this section take effect as soon as the conditions in subsection (1)(a) and (b) are satisfied. \n3) But an amendment is of no effect in so far as the constitution would, as a result of the amendment, not accord with Schedule 7. \n4) The trust must inform the regulator of amendments made under this section; but the regulator's functions do not include a power or duty to determine whether or not the constitution, as a result of the amendments, accords with Schedule 7. \n3) Subsections (1) and (2) do not apply in the case of amendments in respect of which, immediately before the commencement of this section, Monitor has yet to decide whether or not to give approval under section 37 of the National Health Service Act 2006. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/161",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/161",
    "legislation_id": "ukpga/2012/7",
    "title": "Amendment of constitution",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 161,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637627Z",
    "text": "Section 53) **Secretary of State's annual report**\nAfter section 247C of the National Health Service Act 2006 insert— *Annual report*\n\n\nSection 247D) **Secretary of State's annual report**\n\n1) The Secretary of State must publish an annual report on the performance of the health service in England. \n2) The report must include the Secretary of State's assessment of the effectiveness of the discharge of the duties under sections 1A and 1C. \n3) The Secretary of State must lay any report prepared under this section before Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/53",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/53",
    "legislation_id": "ukpga/2012/7",
    "title": "Secretary of State's annual report",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 53,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638046Z",
    "text": "Section 156) **Annual report and forward plan**\n\n1) In sub-paragraph (2) of paragraph 26 of Schedule 7 to the National Health Service Act 2006 (information that must be included in annual report), after paragraph (aa)\n\t\t\t\t\t(inserted by section 151(8)) insert— \n\tab) information on the corporation's policy on pay and on the work of the committee established under paragraph 18(2) and such other procedures as the corporation has on pay, \n\tac) information on the remuneration of the directors and on the expenses of the governors and the directors, . \n2) After that sub-paragraph insert— \n2A) Before imposing a requirement under sub-paragraph (2)(b) that the regulator considers is sufficiently significant to justify consultation, the regulator must consult such persons as it considers appropriate. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) Omit section 39(2)(e) of that Act (requirement for copy of forward plan to be on register). \n6) In paragraph 22(1) of Schedule 7, omit paragraph (e)\n\t\t\t\t\t(duty to make forward plan available to the public). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/156",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/156",
    "legislation_id": "ukpga/2012/7",
    "title": "Annual report and forward plan",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 156,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638135Z",
    "text": "Section 179) **Abolition of NHS trusts in England**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/179",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/179",
    "legislation_id": "ukpga/2012/7",
    "title": "Abolition of NHS trusts in England",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 179,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638131Z",
    "text": "Section 178) **Sections 174 to 177: supplementary**\n\n1) At the end of section 65M of the National Health Service Act 2006 (replacement of trust special administrator) insert— \n3) For the purposes of this section in its application to the case of an NHS foundation trust, the references to the Secretary of State are to be read as references to the regulator. \n2) In section 65N of that Act (power to issue guidance), after subsection (2) insert— \n2A) It must include guidance about the publication of— \n\ta) notices under section 65KC(4)(a); \n\tb) statements under section 65KC(4)(b). \n3) At the end of that section insert— \n4) For the purposes of this section in its application to cases of NHS foundation trusts, the reference in subsection (1) to the Secretary of State is to be read as a reference to the regulator. \n4) In section 65O of that Act (interpretation of Chapter 5A), in the definition of  “trust special administrator”, after  “65B(6)(a)” insert  “, section 65D(2)”. \n5) In section 39 of that Act (register of NHS foundation trusts), in subsection (2), at the end insert , \n\tg) a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA, \n\th) a copy of any report laid under section 65D, \n\ti) a copy of any information published under section 65D, \n\tj) a copy of any draft report published under section 65F, \n\tk) a copy of any statement provided under section 65F, \n\tl) a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD, \n\tm) a copy of any statement published or provided under section 65G, \n\tn) a copy of any final report published under section 65I, \n\to) a copy of any statement published under section 65J or 65KC, \n\tp) a copy of any information published under section 65M. \n6) In section 272 of that Act (orders etc.), in subsection (5), in paragraph (ab)— \n\ta) after  “65B(1),” insert  “65D(2),”, \n\tb) omit  “65E(1),”, \n\tc) after  “65J(2),” insert  “65KC(3),”, and \n\td) for  “65L(2), (4) or (5)” substitute  “65L(2) or (7), 65LA(3)”. \n7) After subsection (6) insert— \n6ZA) The Statutory Instruments Act 1946 applies in relation to the power of the regulator to make an order under Chapter 5A as if the regulator were a Minister of the Crown. \n8) In subsection (6A) of that section— \n\ta) after  “65B(1),” insert  “65D(2),”, \n\tb) omit  “65E(1),”, \n\tc) after  “65J(2),” insert  “65KC(3),”, \n\td) after  “65L(2) or (4)” insert  “, 65LA(3)”, and \n\te) for  “(4)” substitute  “(7)”. \n9) In section 275(1) of that Act (interpretation), in the definition of  “NHS trust”, omit the words from  “and” to the end. \n10) In paragraph 22(1) of Schedule 7 to that Act (documents which must be made available to the public free of charge), at the end insert , \n\tg) a copy of any order made under section 65D, 65J, 65KC, 65L or 65LA, \n\th) a copy of any report laid under section 65D, \n\ti) a copy of any information published under section 65D, \n\tj) a copy of any draft report published under section 65F, \n\tk) a copy of any statement provided under section 65F, \n\tl) a copy of any notice published under section 65F, 65G, 65H, 65J, 65KA, 65KB, 65KC or 65KD, \n\tm) a copy of any statement published or provided under section 65G, \n\tn) a copy of any final report published under section 65I, \n\to) a copy of any statement published under section 65J or 65KC, \n\tp) a copy of any information published under section 65M. \n11) In section 206(1) of the National Health Service (Wales) Act 2006, in the definition of  “NHS trust”, omit the words from  “(including” to the end. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/178",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/178",
    "legislation_id": "ukpga/2012/7",
    "title": "Sections 174 to 177: supplementary",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 178,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638770Z",
    "text": "Section 297) **Relationships between the health services**\nSchedule 21 (which amends enactments relating to the relationships between the health services in the United Kingdom) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/297",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/297",
    "legislation_id": "ukpga/2012/7",
    "title": "Relationships between the health services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 297,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637642Z",
    "text": "Section 57) **Functions in relation to biological substances**\n\n1) The appropriate authority must— \n\ta) devise standards for the purity and potency of biological substances, \n\tb) prepare, approve, hold and distribute standard preparations of biological substances, \n\tc) design appropriate procedures for testing biological substances, \n\td) provide or arrange for the provision of laboratory facilities for testing biological substances, \n\te) carry out tests on biological substances, \n\tf) examine records kept in connection with the manufacture and quality control of biological substances, \n\tg) report on the results of tests or examinations conducted in pursuance of paragraph (e) or (f), and \n\th) carry out or arrange for the carrying out of such research, or provide or arrange for the provision of such information or training, as it considers appropriate in connection with the functions mentioned in paragraphs (a) to (g). \n2) The appropriate authority may do anything which it considers is appropriate for facilitating, or incidental or conducive to, the exercise of any of its functions under this section. \n3) Subsections (4) and (5) apply to any person that exercises functions similar to those of the appropriate authority under this section (whether or not in relation to the United Kingdom). \n4) The appropriate authority must co-operate with the person in the exercise of those functions. \n5) The person must co-operate with the appropriate authority in the exercise of the authority's functions under this section. \n6) The appropriate authority may make charges (whether or not on a commercial basis) in respect of anything done by it under this section. \n7) Any function conferred on the appropriate authority by this section may be performed by either the Secretary of State or the Department of Health, Social Services and Public Safety in Northern Ireland acting alone or both of them acting jointly (and references in this section to the appropriate authority are to be construed accordingly). \n8) In this section  “biological substance” means a substance whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/57",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/57",
    "legislation_id": "ukpga/2012/7",
    "title": "Functions in relation to biological substances",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 57,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637473Z",
    "text": "Section 15) **Power to require Board to commission certain health services**\nAfter section 3A of the National Health Service Act 2006 insert— \n\nSection 3B) **Secretary of State's power to require Board to commission services**\n\n1) Regulations may require the Board to arrange, to such extent as it considers necessary to meet all reasonable requirements, for the provision as part of the health service of— \n\ta) dental services of a prescribed description; \n\tb) services or facilities for members of the armed forces or their families; \n\tc) services or facilities for persons who are detained in a prison or in other accommodation of a prescribed description; \n\td) such other services or facilities as may be prescribed. \n2) A service or facility may be prescribed under subsection (1)(d) only if the Secretary of State considers that it would be appropriate for the Board (rather than clinical commissioning groups) to arrange for its provision as part of the health service. \n3) In deciding whether it would be so appropriate, the Secretary of State must have regard to— \n\ta) the number of individuals who require the provision of the service or facility; \n\tb) the cost of providing the service or facility; \n\tc) the number of persons able to provide the service or facility; \n\td) the financial implications for clinical commissioning groups if they were required to arrange for the provision of the service or facility. \n4) Before deciding whether to make regulations under this section, the Secretary of State must— \n\ta) obtain advice appropriate for that purpose, and \n\tb) consult the Board. \n5) The reference in subsection (1)(b) to members of the armed forces is a reference to persons who are members of— \n\ta) the regular forces within the meaning of the Armed Forces Act 2006, or \n\tb) the reserve forces within the meaning of that Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/15",
    "legislation_id": "ukpga/2012/7",
    "title": "Power to require Board to commission certain health services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637764Z",
    "text": "Section 88) **Application and grant: NHS foundation trusts**\n\n1) This section applies where— \n\ta) an NHS trust becomes an NHS foundation trust in pursuance of section 36 of the National Health Service Act 2006 (effect of authorisation of NHS foundation trust), or \n\tb) an NHS foundation trust is established under sections 56 or 56B of that Act (mergers and separations). \n2) The NHS foundation trust is to be treated by NHS England as having— \n\ta) duly made an application for a licence under section 85, and \n\tb) met the criteria for holding a licence for the time being published under section 86. \n3) An NHS foundation trust in existence on the day on which this section comes into force is to be treated for the purposes of this section as having become an NHS foundation trust pursuant to section 36 of the National Health Service Act 2006 on that day. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/88",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/88",
    "legislation_id": "ukpga/2012/7",
    "title": "Application and grant: NHS foundation trusts",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 88,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638061Z",
    "text": "Section 160) **Bodies which may apply for foundation trust status**\n\n1) Omit section 34 of the National Health Service Act 2006 (application for authorisation by body other than NHS trust). \n2) In section 35(1) of that Act (bodies which may be given authorisation), omit paragraph (b) (public benefit corporations) and the preceding  “or”. \n3) Omit section 36(2) of that Act (public benefit corporation to become NHS foundation trust on being given authorisation). \n4) Despite subsection (1)— \n\ta) section 34(1) to (4) of that Act continues to have effect in the case of an application which, immediately before the commencement of that subsection, is pending determination, and \n\tb) section 34(5) to (7) of that Act continues to have effect in the case of an existing public benefit corporation. \n5) Despite subsection (2), section 35(1)(b) of that Act continues to have effect in the case of an existing public benefit corporation which, immediately before the commencement of that subsection, has not been given an authorisation under section 35. \n6) Despite subsection (3), section 36(2) of that Act continues to have effect in the case of an existing public benefit corporation. \n7) In subsections (4) to (6),  “existing public benefit corporation” means a public benefit corporation— \n\ta) incorporated under section 34 of that Act and in existence immediately before the commencement of this section, or \n\tb) incorporated under that section by virtue of subsection (4). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/160",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/160",
    "legislation_id": "ukpga/2012/7",
    "title": "Bodies which may apply for foundation trust status",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 160,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638096Z",
    "text": "Section 169) **Acquisitions**\nAfter section 56 of the National Health Service Act 2006 insert— \n\nSection 56A) **Acquisitions**\n\n1) An application may be made jointly by— \n\ta) an NHS foundation trust (A), and \n\tb) another NHS foundation trust or an NHS trust established under section 25 (B), to the regulator for the acquisition by A of B. \n2) An application under this section may be made only with the approval of more than half of the members of the council of governors of each applicant (that is an NHS foundation trust). \n3) The application must— \n\ta) be supported by the Secretary of State if B is an NHS trust, and \n\tb) be accompanied by a copy of the proposed constitution of A, amended on the assumption that A acquires B. \n4) The regulator must grant the application if it is satisfied that such steps as are necessary to prepare for the acquisition have been taken. \n5) On the grant of the application, the proposed constitution has effect, but where a person who is specified as a director of A in the constitution has yet to be appointed as such, the directors of A may exercise that person's functions under the constitution. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/169",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/169",
    "legislation_id": "ukpga/2012/7",
    "title": "Acquisitions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 169,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638220Z",
    "text": "Section 201) **Disclosure of reports etc. by the Health Service Commissioner**\nIn section 14 of the Health Service Commissioners Act 1993 (reports etc. by the Commissioner), after subsection (2H) insert— \n2I) Where the Commissioner is required by this section to send a report or statement of reasons to certain persons, the Commissioner may send the report or statement to such other persons as the Commissioner thinks appropriate. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/201",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/201",
    "legislation_id": "ukpga/2012/7",
    "title": "Disclosure of reports etc. by the Health Service Commissioner",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 201,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638039Z",
    "text": "Section 154) **Accounts: initial arrangements**\n\n1) In paragraph 24 of Schedule 7 to the National Health Service Act 2006 (accounts: general), for sub-paragraph (1) substitute— \n1) A public benefit corporation must keep proper accounts and proper records in relation to the accounts. \n1A) The regulator may with the approval of the Secretary of State give directions to the corporation as to the content and form of its accounts. \n2) In sub-paragraph (3) of that paragraph, in paragraph (b) for  “any records” substitute  “the records”. \n3) In paragraph 25 of that Schedule (annual accounts), in sub-paragraph (1), for  “the Treasury” substitute  “the Secretary of State”. \n4) After sub-paragraph (1) of that paragraph insert— \n1A) The regulator may with the approval of the Secretary of State direct a public benefit corporation— \n\ta) to prepare accounts in respect of such period or periods as may be specified in the direction; \n\tb) that any accounts prepared by it by virtue of paragraph (a) are to be audited in accordance with such requirements as may be specified in the direction. \n5) In sub-paragraph (2) of that paragraph— \n\ta) after  “annual accounts” insert  “or in preparing any accounts by virtue of sub-paragraph (1A)(a)”, \n\tb) for  “the Treasury” substitute  “the Secretary of State”, and \n\tc) for  “information to be given in” substitute  “content and form of”. \n6) In sub-paragraph (3) of that paragraph, after  “annual accounts” insert  “, or of any accounts to be prepared by it by virtue of sub-paragraph (1A)(a),”. \n7) In sub-paragraph (4) of that paragraph, in paragraph (b)— \n\ta) omit  “once it has done so,”, and \n\tb) at the end insert  “within such period as the regulator may direct”. \n8) After that sub-paragraph insert— \n4A) The corporation must send to the regulator within such period as the regulator may direct— \n\ta) a copy of any accounts prepared by the corporation by virtue of sub-paragraph (1A)(a), and \n\tb) a copy of any report of an auditor on them prepared by virtue of sub-paragraph (1A)(b). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/154",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/154",
    "legislation_id": "ukpga/2012/7",
    "title": "Accounts: initial arrangements",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 154,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637859Z",
    "text": "Section 113) **Orders under section 112: criteria for deciding applicable trusts**\n\n1) Where the Secretary of State proposes to make an order under section 112, the Secretary of State must notify NHS England . \n2) NHS England , having received a notification under subsection (1), must set the criteria that are to be applied for the purpose of determining to which NHS foundation trusts the order should apply. \n3) Before setting criteria under subsection (2), NHS England must— \n\ta) consult the Care Quality Commission and such other persons as NHS England considers appropriate, and \n\tb) obtain the approval of the Secretary of State. \n4) If the Secretary of State approves the proposed criteria, NHS England must— \n\ta) publish the criteria, \n\tb) determine, by applying the criteria, to which trusts the order should apply, \n\tc) notify the Secretary of State of its determination, and \n\td) publish a list of the trusts concerned. \n5) If the Secretary of State does not approve the proposed criteria, NHS England must propose revised criteria; and subsections (3)(b) and (4) apply in relation to the proposed revised criteria as they apply in relation to the criteria previously proposed. \n6) The Secretary of State, having received a notification under subsection (4)(c), must review NHS England’s determination under subsection (4)(b). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/113",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/113",
    "legislation_id": "ukpga/2012/7",
    "title": "Orders under section 112: criteria for deciding applicable trusts",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 113,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638139Z",
    "text": "Section 180) **Repeal of provisions on authorisation for NHS foundation trusts**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/180",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/180",
    "legislation_id": "ukpga/2012/7",
    "title": "Repeal of provisions on authorisation for NHS foundation trusts",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 180,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637478Z",
    "text": "Section 16) **Secure psychiatric services**\n\n1) Section 4 of the National Health Service Act 2006 (high security psychiatric services) is amended as follows. \n2) In subsection (1) for the words from the beginning to  “duty to provide” substitute  “The Board must arrange for the provision of”. \n3) In subsection (3)— \n\ta) after  “may be provided” insert — \n\t\ta)  , and \n\tb) after paragraph (a) insert , and \n\t\tb) only by a person approved by the Secretary of State for the purposes of this subsection. \n4) After subsection (3) insert— \n3A) The Secretary of State may— \n\ta) give directions to a person who provides high security psychiatric services about the provision by that person of those services; \n\tb) give directions to the Board about the exercise of its functions in relation to high security psychiatric services. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/16",
    "legislation_id": "ukpga/2012/7",
    "title": "Secure psychiatric services",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638889Z",
    "text": "SCHEDULE 6 Part 1: transitional provision Section 55(3) *Interpretation*\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Modification of requirements as to consultation*\n\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Directions under section 7 of the 2006 Act*\n\n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exercise of Secretary of State's functions in relation to Primary Care Trusts*\n\n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Conditional establishment of clinical commissioning groups*\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exercise of functions of clinical commissioning groups during initial period*\n\n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Preparatory work by clinical commissioning groups*\n\n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Arrangements between PCTs and clinical commissioning groups during initial period*\n\n11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Power to make payments to the Board during initial period*\n\n12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Support for clinical commissioning groups during initial period*\n\n13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/6",
    "legislation_id": "ukpga/2012/7",
    "title": "Part 1: transitional provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637753Z",
    "text": "Section 86) **Licensing criteria**\n\n1) NHS England must set and publish the criteria which must be met by a person in order for that person to be granted a licence under this Chapter. \n2) NHS England may revise the criteria and, if it does so, must publish them as revised. \n3) NHS England may not set or revise the criteria unless the Secretary of State has by order approved the criteria or (as the case may be) revised criteria. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/86",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/86",
    "legislation_id": "ukpga/2012/7",
    "title": "Licensing criteria",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 86,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637741Z",
    "text": "Section 83) **Exemption regulations**\n\n1) Regulations (referred to in this section and section 84 as  “exemption regulations”) may provide for the grant of exemptions from the requirement under section 81 in respect of— \n\ta) a prescribed person or persons of a prescribed description; \n\tb) the provision of a prescribed health care service or a health care service of a prescribed description. \n2) Exemption regulations may grant an exemption— \n\ta) either generally or to the extent prescribed; \n\tb) either unconditionally or subject to prescribed conditions; \n\tc) indefinitely, for a prescribed period or for a period determined by or under the exemption. \n3) Conditions subject to which an exemption may be granted include, in particular, conditions requiring any person providing a service pursuant to the exemption— \n\ta) to comply with any direction given by NHS England about such matters as are specified in the exemption or are of a description so specified, \n\tb) except to the extent that NHS England otherwise approves, to do, or not to do, such things as are specified in the exemption or are of a description so specified (or to do, or not to do, such things in a specified manner), and \n\tc) to refer for determination by NHS England such questions arising under the exemption as are specified in the exemption or are of a description so specified. \n4) Before making exemption regulations the Secretary of State must give notice to— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) NHS England , and \n\tc) the Care Quality Commission and its Healthwatch England committee. \n5) The Secretary of State must also publish a notice under subsection (4). \n6) A notice under subsection (4) must— \n\ta) state that the Secretary of State proposes to make exemption regulations and set out their proposed effect, \n\tb) set out the Secretary of State's reasons for the proposal, and \n\tc) specify the period (“the notice period”) within which representations with respect to the proposal may be made. \n7) The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (5). \n8) Where an exemption is granted the Secretary of State— \n\ta) if the exemption is granted to a prescribed person, must give notice of it to that person, and \n\tb) must publish the exemption. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/83",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/83",
    "legislation_id": "ukpga/2012/7",
    "title": "Exemption regulations",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
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    "number": 83,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638171Z",
    "text": "Section 188) **Transitional arrangements**\n\n1) This section applies where arrangements made under section 221 of the Local Government and Public Involvement in Health Act 2007 before the commencement of this Chapter provide for the arrangements to come to an end at a time that falls after that commencement. \n2) The Secretary of State may make a scheme providing for the transfer from the person with whom the local authority in question made the arrangements of property, rights and liabilities to the Local Healthwatch organisation for the authority's area. \n3) A scheme under this section may make provision for rights and liabilities relating to an individual's contract of employment; and the scheme may, in particular, make provision which is the same as or similar to provision in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246). \n4) A scheme under this section may provide for the transfer of property, rights or liabilities— \n\ta) whether or not they would otherwise be capable of being transferred; \n\tb) irrespective of any requirement for consent that would otherwise apply. \n5) A scheme under this section may create rights, or impose liabilities, in relation to property, rights or liabilities transferred. \n6) A scheme under this section may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred to be— \n\ta) treated as done by or in relation to the transferee or its employees; \n\tb) continued by or in relation to the transferee or its employees. \n7) A scheme under this section may in particular make provision about continuation of legal proceedings. \n8) A scheme under this section may include provision requiring the local authority to pay compensation to the transferor; and for that purpose the scheme may— \n\ta) impose a duty on the local authority to determine the amount of the compensation; \n\tb) confer power on the Secretary of State to do so. \n9) A scheme under this section may include supplementary, incidental and consequential provision. \n10) Omit section 228 of the Local Government and Public Involvement in Health Act 2007 (previous transitional arrangements). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/188",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/188",
    "legislation_id": "ukpga/2012/7",
    "title": "Transitional arrangements",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
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    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637810Z",
    "text": "Section 100) **Modification of standard conditions**\n\n1) NHS England may, subject to the requirements of this section, modify the standard conditions applicable to all licences under this Chapter or to licences of a particular description. \n1A) Before making modifications under subsection (1) that NHS England consider to be a major change, NHS England must— \n\ta) carry out an assessment of the likely impact of the modifications, or \n\tb) publish a statement setting out its reasons for concluding that such assessment is not needed. \n2) Before making any modifications under subsection (1) NHS England must give notice to— \n\ta) each relevant licence holder, \n\tb) the Secretary of State, \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) every integrated care board , and \n\te) the Care Quality Commission and its Healthwatch England committee. \n3) NHS England must also publish the notice under subsection (2). \n4) The notice under subsection (2) must— \n\ta) state that NHS England proposes to make the modifications, \n\tb) set out the proposed effect of the modifications, \n\tba) set out any impact assessment carried out by NHS England under subsection (1A)(a) , \n\tc) set out NHS England’s reasons for the proposal, and \n\td) specify the period (“the notice period”) within which representations with respect to the proposal may be made to NHS England . \n5) The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (3). \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) Where NHS England modifies the standard conditions applicable to all licences or (as the case may be) to licences of a particular description under this section, NHS England — \n\ta) may also make such incidental or consequential modifications as it considers necessary or expedient of any other conditions of a licence which is affected by the modifications, \n\tb) must make (as nearly as may be) the same modifications of those conditions for the purposes of their inclusion in all licences or (as the case may be) licences of that description granted after that time, and \n\tc) must publish the modifications. \n11) In this section  ...,  “relevant licence holder”— \n\ta) in relation to proposed modifications of the standard conditions applicable to all licences, means any licence holder, and \n\tb) in relation to proposed modifications of the standard conditions applicable to licences of a particular description, means a holder of a licence of that description. \n12) In this section, a reference to modifying a condition includes a reference to amending, omitting or adding a condition. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/100",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/100",
    "legislation_id": "ukpga/2012/7",
    "title": "Modification of standard conditions",
    "extent": [
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    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638867Z",
    "text": "SCHEDULE 1 The National Health Service Commissioning Board Section 9(2) SCHEDULE A1 The National Health Service Commissioning Board Section 1H(4) *Status*\n\n1) \n1) The Board is not to be regarded as a servant or agent of the Crown, or as enjoying any status, privilege or immunity of the Crown. \n2) The Board's property is not to be regarded as property of, or property held on behalf of, the Crown. *Membership*\n\n2) \n1) The Board is to consist of— \n\ta) a chair appointed by the Secretary of State, \n\tb) at least five other members so appointed, and \n\tc) the chief executive and other members appointed in accordance with paragraph 3. \n2) In this Schedule— \n\ta) references to non-executive members of the Board are references to the members appointed in accordance with sub-paragraph (1)(a) and (b), and \n\tb) references to executive members of the Board are references to the other members. \n3) The number of executive members must be less than the number of non-executive members. *The chief executive and other executive members: appointment and status*\n\n3) \n1) The chief executive and the other executive members of the Board are to be appointed by the non-executive members. \n2) A person may not be appointed as chief executive without the consent of the Secretary of State. \n3) The chief executive and the other executive members are to be employees of the Board. \n4) The first chief executive of the Board is to be appointed by the Secretary of State. *Non-executive members: tenure*\n\n4) \n1) A person holds and vacates office as a non-executive member of the Board in accordance with that person's terms of appointment. \n2) A person may at any time resign from office as a non-executive member by giving notice to the Secretary of State. \n3) The Secretary of State may at any time remove a person from office as a non-executive member on any of the following grounds— \n\ta) incapacity, \n\tb) misbehaviour, or \n\tc) failure to carry out his or her duties as a non-executive member. \n4) The Secretary of State may suspend a person from office as a non-executive member if it appears to the Secretary of State that there are or may be grounds to remove that person from office under sub-paragraph (3). \n5) A person may not be appointed as a non-executive member for a period of more than four years. \n6) A person who ceases to be a non-executive member is eligible for re-appointment. *Suspension of non-executive members*\n\n5) \n1) This paragraph applies where a person is suspended under paragraph 4(4). \n2) The Secretary of State must give notice of the decision to the person; and the suspension takes effect on receipt by the person of the notice. \n3) The notice may be— \n\ta) delivered in person (in which case the person is taken to receive it when it is delivered), or \n\tb) sent by first class post to the person's last known address (in which case, the person is taken to receive it on the third day after the day on which it is posted). \n4) The initial period of suspension must not exceed six months. \n5) The Secretary of State may at any time review the suspension. \n6) The Secretary of State— \n\ta) must review the suspension if requested in writing by the person to do so, but \n\tb) need not review the suspension less than three months after the beginning of the initial period of suspension. \n7) Following a review during a period of suspension, the Secretary of State may— \n\ta) revoke the suspension, or \n\tb) suspend the person for another period of not more than six months from the expiry of the current period. \n8) The Secretary of State must revoke the suspension if the Secretary of State — \n\ta) decides that there are no grounds to remove the person from office under paragraph 4(3), or \n\tb) decides that there are grounds to do so but does not remove the person from office under that provision. \n6) \n1) Where a person is suspended from office as the chair under paragraph 4(4), the Secretary of State may appoint a non-executive member as interim chair to exercise the chair's functions. \n2) Appointment as interim chair is for a term not exceeding the shorter of— \n\ta) the period ending with either— \n\t\ti) the appointment of a new chair, or \n\t\tii) the revocation or expiry of the existing chair's suspension, and \n\tb) the remainder of the interim chair's term as a non-executive member. \n3) A person who ceases to be the interim chair is eligible for re-appointment. *Payment of non-executive members*\n\n7) \n1) The Board must pay to its non-executive members such remuneration as the Secretary of State may determine. \n2) The Board must pay or make provision for the payment of such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any person who is or has been a non-executive member of the Board. \n3) If a person ceases to be a non-executive member and the Secretary of State decides that there are exceptional circumstances which mean that the person should be compensated, the Board must pay compensation to the person of such amount as the Secretary of State may, with the approval of the Treasury, determine. *Staff*\n\n8) The Board may appoint such persons to be employees of the Board as it considers appropriate. \n9) \n1) Employees of the Board are to be paid such remuneration and allowances as the Board may determine. \n2) Employees of the Board are to be appointed on such other terms and conditions as the Board may determine. \n3) The Board may pay or make provision for the payment of such pensions, allowances or gratuities as it may determine to or in respect of any person who is or has been an employee of the Board. \n4) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of this paragraph, the Board must obtain the approval of the Secretary of State to its policy on the matter. *Committees*\n\n10) \n1) The Board may appoint such committees and sub-committees as it considers appropriate. \n2) A committee or sub-committee may consist of or include persons who are not members or employees of the Board. \n3) The Board may pay such remuneration and allowances as it determines to any person who— \n\ta) is a member of a committee or a sub-committee, but \n\tb) is not an employee of the Board, whether or not that person is a non-executive member of the Board. *Trust funds and trustees*\n\n11) \n1) The Secretary of State may by order provide for the appointment of trustees for the Board to hold property on trust— \n\ta) for the general or any specific purposes of the Board, or \n\tb) for any purposes relating to the health service in England. \n2) An order under sub-paragraph (1) may— \n\ta) make provision as to the persons by whom trustees must be appointed and generally as to the method of their appointment, \n\tb) make any appointment subject to such conditions as may be specified in the order (including conditions requiring the consent of the Secretary of State), \n\tc) make provision as to the number of trustees to be appointed, including provision under which that number may from time to time be determined by the Secretary of State after consultation with such persons as the Secretary of State considers appropriate, and \n\td) make provision with respect to the term of office of any trustee and his or her removal from office. \n3) Where trustees have been appointed by virtue of sub-paragraph (1), the Secretary of State may by order provide for the transfer of any trust property from the Board to the trustees. *Procedure*\n\n12) \n1) The Board may regulate its own procedure. \n2) The validity of any act of the Board is not affected by any vacancy among the members or by any defect in the appointment of any member. *Exercise of functions*\n\n13) The Board may arrange for the exercise of any of its functions on its behalf by— \n\ta) any non-executive member, \n\tb) any employee (including any executive member), or \n\tc) a committee or sub-committee. *Provision of information to Secretary of State*\n\n14) \n1) The Secretary of State may require the Board to provide the Secretary of State with such information as the Secretary of State considers it necessary to have for the purposes of the functions of the Secretary of State in relation to the health service. \n2) The information must be provided in such form, and at such time or within such period, as the Secretary of State may require. *Accounts*\n\n15) \n1) The Board must keep proper accounts and proper records in relation to the accounts. \n2) The Secretary of State may, with the approval of the Treasury, give directions to the Board as to— \n\ta) the content and form of its accounts, and \n\tb) the methods and principles to be applied in the preparation of its accounts. \n3) In sub-paragraph (2) the reference to accounts includes a reference to the Board's consolidated annual accounts prepared under paragraph 16 and any interim accounts prepared by virtue of paragraph 17. \n4) The chief executive of the Board is to be its accounting officer. *Annual accounts*\n\n16) \n1) The Board must prepare consolidated annual accounts in respect of each financial year. \n2) The consolidated annual accounts must contain— \n\ta) the Board's annual accounts, and \n\tb) a consolidation of the Board's annual accounts and the annual accounts of each clinical commissioning group. \n3) The Board must send copies of the consolidated annual accounts to— \n\ta) the Secretary of State, and \n\tb) the Comptroller and Auditor General, within such period after the end of the financial year to which the accounts relate as the Secretary of State may direct. \n4) The Comptroller and Auditor General must— \n\ta) examine, certify and report on the consolidated annual accounts, and \n\tb) lay copies of the accounts and the report on them before Parliament. \n5) In this paragraph,  “financial year” includes the period which begins with the day on which the Board is established and ends on the following 31 March. *Interim Accounts*\n\n17) \n1) The Secretary of State may, with the approval of the Treasury, direct the Board to prepare accounts in respect of such period or periods as may be specified in the direction (“interim accounts”). \n2) The interim accounts in respect of any period must contain— \n\ta) the Board's accounts in respect of that period, and \n\tb) a consolidation of the Board's accounts in respect of that period and any accounts of clinical commissioning groups in respect of that period which are prepared by virtue of paragraph 17(3) of Schedule 1A. \n3) The Board must send copies of any interim accounts to— \n\ta) the Secretary of State, and \n\tb) if the Secretary of State so directs, the Comptroller and Auditor General, within such period as the Secretary of State may direct. \n4) The Comptroller and Auditor General must— \n\ta) examine, certify and report on any interim accounts sent by virtue of sub-paragraph (3)(b), \n\tb) if the Secretary of State so directs, send a copy of the report on the accounts to the Secretary of State, and \n\tc) if the Secretary of State so directs, lay copies of the accounts and the report on them before Parliament. *Seal and evidence*\n\n18) \n1) The application of the Board's seal must be authenticated by the signature of any member of the Board or any other person who has been authorised (generally or specially) for that purpose. \n2) A document purporting to be duly executed under the Board's seal or to be signed on its behalf must be received in evidence and, unless the contrary is proved, taken to be so executed or signed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/schedule/1",
    "legislation_id": "ukpga/2012/7",
    "title": "The National Health Service Commissioning Board",
    "extent": [
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    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638182Z",
    "text": "Section 191) **Amendments consequential on section 190**\n\n1) Section 245 of the National Health Service Act 2006 (joint overview and scrutiny committees) is amended in accordance with subsections (2) to (4). \n2) In subsection (1) for the words from  “relevant functions” to the end of the subsection substitute  ““relevant functions” means functions under regulations under section 244(2) to (2ZC).” \n3) In subsection (2)(c), in each of sub-paragraphs (i) and (ii), for  “relevant functions of the committee” substitute  “relevant functions exercisable by the committee”. \n4) After subsection (4) insert— \n4A) The regulations may provide that, where a relevant function in relation to a local authority is exercisable by a joint overview and scrutiny committee by virtue of arrangements under regulations under subsection (2)(a), the local authority may not discharge the function. \n5) Omit subsections (5) and (9). \n6) Section 246 of that Act (exempt information) is amended in accordance with subsections (7) to (9). \n7) In subsection (1) for the words from  “a meeting of” to the end of the subsection substitute  “a meeting of a local authority or a committee of a local authority which is an item relating to functions of the authority under regulations under section 244(2) to (2ZC).” \n8) In subsection (5) for  “overview and scrutiny committees” substitute  “local authorities”. \n9) In the heading to section 246 for  “Overview and scrutiny committees” substitute  “Business relating to functions of local authorities by virtue of section 244”. \n10) Section 247 of that Act (application to the City of London) is amended in accordance with subsections (11) to (13). \n11) For subsection (1) substitute— \n1) This section applies to a committee of the Common Council appointed to exercise functions that the Council has under regulations under section 244(2) to (2ZC). \n12) In subsection (2)— \n\ta) for the words from the beginning to  “apply” substitute  “Section 245(2)(b) and (c) applies”, and \n\tb) omit the words from  “and as if” to the end of the subsection. \n13) In subsection (4)— \n\ta) for  “subsections (2) to (3A)” substitute  “subsections (3) and (3A)”, and \n\tb) for the words from  “in the case of the committee” to the end of the subsection substitute  “in the case of a committee to which this section applies, references to functions under regulations under section 244(2) to (2ZC) which are exercisable by the committee.” \n14) Omit section 247A (application to local authorities without overview and scrutiny committees). \n15) In consequence of the amendments made by subsections (2), (7), (11), (13)(a) and (14), paragraphs 75(2), 76, 77(2) and (5)(a) and 78 of Schedule 3 to the Localism Act 2011 are omitted. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/191",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/191",
    "legislation_id": "ukpga/2012/7",
    "title": "Amendments consequential on section 190",
    "extent": [
      "England",
      "Wales"
    ],
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    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.638073Z",
    "text": "Section 163) **Financial powers etc.**\n\n1) At the end of section 40 of the National Health Service Act 2006 (power of Secretary of State to give financial assistance to NHS foundation trusts), insert— \n5) As soon as is practicable after the end of each financial year, the Secretary of State must prepare a report on the exercise of the power under subsection (1). \n6) In relation to each exercise of the power under that subsection during the year to which the report relates, the report must specify the amount of the loan, issue of public dividend capital, grant or other payment and— \n\ta) in the case of a loan, the amount (if any) outstanding at the end of the year and the other terms on which the loan was made, \n\tb) in the case of an issue of public dividend capital, the terms on which it was issued (or, where a decision under section 42(3) is made in relation to it during that year, the terms so decided as those on which it is treated as having been issued), and \n\tc) in the case of a grant or other payment, the terms on which it was made. \n7) In relation to each loan made under that subsection during a previous financial year but not repaid by the beginning of the year to which the report relates, the report must specify— \n\ta) the amount outstanding at the beginning of the year, \n\tb) the amount (if any) outstanding at the end of the year, and \n\tc) the other terms on which the loan was made. \n8) A report under subsection (5) must, in relation to each NHS foundation trust, specify— \n\ta) the amount of the public dividend capital of that trust at the end of the year to which the report relates, and \n\tb) the conditions on which it is held. \n9) The Secretary of State must publish a report under subsection (5). \n2) Omit section 41 of that Act (prudential borrowing code). \n3) In section 42 of that Act (public dividend capital), omit subsection (4) (dividend payable by NHS foundation trust to be same as that payable by NHS trust). \n4) Omit subsection (5) of that section (requirement for Secretary of State to consult the regulator). \n5) At the end of that section insert— \n7) The terms which may be decided under subsection (3) include terms to which the exercise of any power of an NHS foundation trust to do any of the following will be subject as a consequence— \n\ta) providing goods or services, \n\tb) borrowing or investing money, \n\tc) providing financial assistance, \n\td) acquiring or disposing of property, \n\te) entering into contracts, or making other arrangements, to do anything referred to in paragraphs (a) to (d), \n\tf) applying for dissolution (whether or not when also applying for the establishment of one or more other trusts), \n\tg) applying to acquire another body. \n6) After that section insert— \n\nSection 42A) **Criteria for making loans etc.**\n\n1) The Secretary of State must publish guidance on the powers conferred by sections 40 and 42. \n2) The guidance on the power to make a loan under section 40(1) must in particular— \n\ta) explain that, in exercising the power, the Secretary of State will apply the principle that a loan should be made only where there is a reasonable expectation that it will be repaid in accordance with the terms on which it is made; \n\tb) include other criteria that the Secretary of State will apply when determining whether to exercise the power and, if so, the terms on which to make the loan. \n3) The guidance on that power must also explain— \n\ta) the process for applying for a loan under section 40(1); \n\tb) the consequences of failing to comply with terms on which a loan is made under that provision. \n4) The guidance on the power to decide terms under section 42(3) must, in particular, include the criteria that the Secretary of State will apply when deciding the terms. \n5) The guidance on that power must also explain the consequences of failing to comply with the terms decided. \n6) In preparing guidance under this section, the Secretary of State must have regard (among other things) to any generally accepted principles used by financial institutions to determine whether to make loans to bodies corporate and the terms on which to make loans to them. \n7) Before publishing the guidance, the Secretary of State must consult— \n\ta) the Treasury, \n\tb) the regulator, and \n\tc) such other persons as the Secretary of State considers appropriate. \n7) Omit section 45 of that Act (disposal of protected property). \n8) Omit section 46(2) and (3) of that Act (limitation on power of NHS foundation trusts to borrow money). \n9) For section 50 of that Act (fees) substitute— \n\nSection 50) **Fees**\nAn NHS foundation trust must pay to the regulator such fee as the regulator may determine in respect of its exercise of functions under— \n\ta) section 39; \n\tb) section 39A. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/163",
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    "legislation_id": "ukpga/2012/7",
    "title": "Financial powers etc.",
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    "provenance_response_id": null,
    "number": 163,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637710Z",
    "text": "Section 75) **Requirements as to procurement, patient choice and competition**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/75",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/75",
    "legislation_id": "ukpga/2012/7",
    "title": "Requirements as to procurement, patient choice and competition",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 75,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2026-02-21T02:25:36.637457Z",
    "text": "Section 11) **The Secretary of State's duty as to protection of public health**\nAfter section 2 of the National Health Service Act 2006 insert— *Provision for protection or improvement of public health*\n\n\nSection 2A) **Secretary of State's duty as to protection of public health**\n\n1) The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of protecting the public in England from disease or other dangers to health. \n2) The steps that may be taken under subsection (1) include— \n\ta) the conduct of research or such other steps as the Secretary of State considers appropriate for advancing knowledge and understanding; \n\tb) providing microbiological or other technical services (whether in laboratories or otherwise); \n\tc) providing vaccination, immunisation or screening services; \n\td) providing other services or facilities for the prevention, diagnosis or treatment of illness; \n\te) providing training; \n\tf) providing information and advice; \n\tg) making available the services of any person or any facilities. \n3) Subsection (4) applies in relation to any function under this section which relates to— \n\ta) the protection of the public from ionising or non-ionising radiation, and \n\tb) a matter in respect of which the Health and Safety Executive has a function. \n4) In exercising the function, the Secretary of State must— \n\ta) consult the Health and Safety Executive, and \n\tb) have regard to its policies. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2012/7/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/2012/7/section/11",
    "legislation_id": "ukpga/2012/7",
    "title": "The Secretary of State's duty as to protection of public health",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 2012,
    "legislation_number": 7,
    "act_name": "Health and Social Care Act 2012"
  },
  {
    "created_at": "2025-06-10T23:20:33.275802Z",
    "text": "Section 17) **Commencement, extent and short title**\n\n1) This Act extends to England and Wales only. \n2) This section and section 16 come into force on the day on which this Act is passed. \n3) The other provisions of this Act come into force on such day as the Secretary of State may appoint by regulations. \n4) Regulations under this section may appoint different days for different purposes or areas. \n5) This Act may be cited as the Mental Health Units (Use of Force) Act 2018. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/17",
    "legislation_id": "ukpga/2018/27",
    "title": "Commencement, extent and short title",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.240870Z",
    "text": "Section 1) **Key definitions**\n\n1) This section applies for the purposes of this Act. \n2) “Mental disorder” has the same meaning as in the Mental Health Act 1983. \n3) “Mental health unit” means— \n\ta) a health service hospital, or part of a health service hospital, in England, the purpose of which is to provide treatment to in-patients for mental disorder, or \n\tb) an independent hospital, or part of an independent hospital, in England— \n\t\ti) the purpose of which is to provide treatment to in-patients for mental disorder, and \n\t\tii) where at least some of that treatment is provided, or is intended to be provided, for the purposes of the NHS. \n4) In subsection (3)(b)(ii) the reference to treatment provided for the purposes of the NHS is to be read as a service provided for those purposes in accordance with the National Health Service Act 2006. \n5) “Patient” means a person who is in a mental health unit for the purpose of treatment for mental disorder or assessment. \n6) References to  “use of force” are to— \n\ta) the use of physical, mechanical or chemical restraint on a patient, or \n\tb) the isolation of a patient. \n7) In subsection (6)— \n\t- “physical restraint” means the use of physical contact which is intended to prevent, restrict or subdue movement of any part of the patient's body;\n\t- “mechanical restraint” means the use of a device which— is intended to prevent, restrict or subdue movement of any part of the patient's body, andis for the primary purpose of behavioural control;\n\t- “chemical restraint” means the use of medication which is intended to prevent, restrict or subdue movement of any part of the patient's body;\n\t- “isolation” means any seclusion or segregation that is imposed on a patient.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/1",
    "legislation_id": "ukpga/2018/27",
    "title": "Key definitions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.257469Z",
    "text": "Section 6) **Recording of use of force**\n\n1) The responsible person for each mental health unit must keep a record of any use of force by staff who work in that unit in accordance with this section. \n2) Subsection (1) does not apply in cases where the use of force is negligible. \n3) Whether the use of force is  “negligible” for the purposes of subsection (1) is to be determined in accordance with guidance published by the Secretary of State. \n4) Section 11(3) to (6) apply to guidance published under this section as they apply to guidance published under section 11. \n5) The record must include the following information— \n\ta) the reason for the use of force; \n\tb) the place, date and duration of the use of force; \n\tc) the type or types of force used on the patient; \n\td) whether the type or types of force used on the patient formed part of the patient's care plan; \n\te) name of the patient on whom force was used; \n\tf) a description of how force was used; \n\tg) the patient's consistent identifier; \n\th) the name and job title of any member of staff who used force on the patient; \n\ti) the reason any person who was not a member of staff in the mental health unit was involved in the use of force on the patient; \n\tj) the patient's mental disorder (if known); \n\tk) the relevant characteristics of the patient (if known); \n\tl) whether the patient has a learning disability or autistic spectrum disorders; \n\tm) a description of the outcome of the use of force; \n\tn) whether the patient died or suffered any serious injury as a result of the use of force; \n\to) any efforts made to avoid the need to use force on the patient; \n\tp) whether a notification regarding the use of force was sent to the person or persons (if any) to be notified under the patient's care plan. \n6) The responsible person must keep the record for 3 years from the date on which it was made. \n7) In subsection (5)(g) the  “patient's consistent identifier” means the consistent identifier specified under section 251A of the Health and Social Care Act 2012. \n8) This section does not permit the responsible person to do anything which, but for this section, would be inconsistent with— \n\ta) any provision of the data protection legislation, or \n\tb) a common law duty of care or confidence. \n9) In subsection (8)  “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). \n10) In subsection (5)(k) the  “relevant characteristics” in relation to a patient mean— \n\ta) the patient's age; \n\tb) whether the patient has a disability, and if so, the nature of that disability; \n\tc) the patient's status regarding marriage or civil partnership; \n\td) whether the patient is pregnant; \n\te) the patient's race; \n\tf) the patient's religion or belief; \n\tg) the patient's sex; \n\th) the patient's sexual orientation. \n11) Expressions used in subsection (10) and Chapter 2 of Part 1 of the Equality Act 2010 have the same meaning in that subsection as in that Chapter. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/6",
    "legislation_id": "ukpga/2018/27",
    "title": "Recording of use of force",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.274399Z",
    "text": "Section 13) **Interpretation**\nIn this Act— \n\t- “health service hospital” has the same meaning as in section 275(1) of the National Health Service Act 2006;\n\t- “independent hospital” has the same meaning as in section 145(1) of the Mental Health Act 1983;\n\t- “the NHS” has the same meaning as in section 64(4) of the Health and Social Care Act 2012;\n\t- “responsible person” means a person appointed under section 2(1);\n\t- “relevant health organisation” means— an NHS trust;an NHS foundation trust;any person who provides health care services for the purposes of the NHS within the meaning of Part 3 of the Health and Social Care Act 2012;\n\t- “staff” means any person who works for a relevant health organisation that operates a mental health unit (whether as an employee or a contractor) who— may be authorised to use force on a patient in the unit,may authorise the use of force on a particular patient in the unit, orhas the function of providing general authority for the use of force in the unit.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/13",
    "legislation_id": "ukpga/2018/27",
    "title": "Interpretation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.245782Z",
    "text": "Section 3) **Policy on use of force**\n\n1) The responsible person for each mental health unit must publish a policy regarding the use of force by staff who work in that unit. \n2) Where a responsible person is appointed in relation to all of the mental health units operated by a relevant health organisation, the responsible person must publish a single policy under subsection (1) in relation to those units. \n3) Before publishing a policy under subsection (1), the responsible person must consult any persons that the responsible person considers appropriate. \n4) The responsible person must keep under review any policy published under this section. \n5) The responsible person may from time to time revise any policy published under this section and, if this is done, must publish the policy as revised. \n6) If the responsible person considers that any revisions would amount to a substantial change in the policy, the responsible person must consult any persons that the responsible person considers appropriate before publishing the revised policy. \n7) A policy published under this section must set out what steps will be taken to reduce the use of force in the mental health unit by staff who work in that unit. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/3",
    "legislation_id": "ukpga/2018/27",
    "title": "Policy on use of force",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.248526Z",
    "text": "Section 4) **Information about use of force**\n\n1) The responsible person for each mental health unit must publish information for patients about the rights of patients in relation to the use of force by staff who work in that unit. \n2) Before publishing the information under subsection (1), the responsible person must consult any persons that the responsible person considers appropriate. \n3) The responsible person must provide any information published under this section— \n\ta) to each patient, and \n\tb) to any other person who is in the unit and to whom the responsible person considers it appropriate to provide the information in connection with the patient, unless the patient (where paragraph (a) applies) or the other person (where paragraph (b) applies) refuses the information. \n4) The information must be provided to the patient— \n\ta) if the patient is in the mental health unit at the time when this section comes into force, as soon as reasonably practicable after that time; \n\tb) in any other case, as soon as reasonably practicable after the patient is admitted to the mental health unit. \n5) The responsible person must take whatever steps are reasonably practicable to ensure that the patient is aware of the information and understands it. \n6) The responsible person must keep under review any information published under this section. \n7) The responsible person may from time to time revise any information published under this section and, if this is done, must publish the information as revised. \n8) If the responsible person considers that any revisions would amount to a substantial change in the information, the responsible person must consult any persons that the responsible person considers appropriate before publishing the revised information. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/4",
    "legislation_id": "ukpga/2018/27",
    "title": "Information about use of force",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.253232Z",
    "text": "Section 5) **Training in appropriate use of force**\n\n1) The responsible person for each mental health unit must provide training for staff that relates to the use of force by staff who work in that unit. \n2) The training provided under subsection (1) must include training on the following topics— \n\ta) how to involve patients in the planning, development and delivery of care and treatment in the mental health unit, \n\tb) showing respect for patients' past and present wishes and feelings, \n\tc) showing respect for diversity generally, \n\td) avoiding unlawful discrimination, harassment and victimisation, \n\te) the use of techniques for avoiding or reducing the use of force, \n\tf) the risks associated with the use of force, \n\tg) the impact of trauma (whether historic or otherwise) on a patient's mental and physical health, \n\th) the impact of any use of force on a patient's mental and physical health, \n\ti) the impact of any use of force on a patient's development, \n\tj) how to ensure the safety of patients and the public, and \n\tk) the principal legal or ethical issues associated with the use of force. \n3) Subject to subsection (4), training must be provided— \n\ta) in the case of a person who is a member of staff when this section comes into force, as soon as reasonably practicable after this section comes into force, or \n\tb) in the case of a person who becomes a member of staff after this section comes into force, as soon as reasonably practicable after they become a member of staff. \n4) Subsection (3) does not apply if the responsible person considers that any training provided to the person before this section came into force or before the person became a member of staff— \n\ta) was given sufficiently recently, and \n\tb) is of an equivalent standard to the training provided under this section. \n5) Refresher training must be provided at regular intervals whilst a person is a member of staff. \n6) In subsection (5)  “refresher training” means training that updates or supplements the training provided under subsection (1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/5",
    "legislation_id": "ukpga/2018/27",
    "title": "Training in appropriate use of force",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.262975Z",
    "text": "Section 7) **Statistics prepared by mental health units**\n\n1) The Secretary of State must ensure that at the end of each year statistics are published regarding the use of force by staff who work in mental health units. \n2) The statistics must provide an analysis of the use of force in mental health units by reference to the relevant information recorded by responsible persons under section 6. \n3) In subsection (2)  “relevant information” means the information falling within section 6(5)(b), (c), (k), (l) and (n). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/7",
    "legislation_id": "ukpga/2018/27",
    "title": "Statistics prepared by mental health units",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.264154Z",
    "text": "Section 8) **Annual report by the Secretary of State**\n\n1) As soon as reasonably practicable after the end of each calendar year, the Secretary of State— \n\ta) must conduct a review of any reports made under paragraph 7 of Schedule 5 to the Coroners and Justice Act 2009 that were published during that year relating to the death of a patient as a result of the use of force in a mental health unit by staff who work in that unit, and \n\tb) may conduct a review of any other findings made during that year relating to the death of a patient as a result of the use of force in a mental health unit by staff who work in that unit. \n2) Having conducted a review under subsection (1), the Secretary of State must publish a report that includes the Secretary of State's conclusions arising from that review. \n3) The Secretary of State may delegate the conduct of a review under subsection (1) and the publication of a report under subsection (2). \n4) For the purposes of subsection (1)(b)  “other findings” include, in relation to the death of a patient as a result of the use of force in a mental health unit, any finding or determination that is made— \n\ta) by the Care Quality Commission as the result of any review or investigation conducted by the Commission, or \n\tb) by a relevant health organisation as the result of any investigation into a serious incident. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/8",
    "legislation_id": "ukpga/2018/27",
    "title": "Annual report by the Secretary of State",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.271741Z",
    "text": "Section 12) **Police body cameras**\n\n1) If a police officer is going to a mental health unit on duty that involves assisting staff who work in that unit, the officer must take a body camera if reasonably practicable. \n2) While in a mental health unit on duty that involves assisting staff who work in that unit, a police officer who has a body camera there must wear it and keep it operating at all times when reasonably practicable. \n3) Subsection (2) does not apply if there are special circumstances at the time that justify not wearing the camera or keeping it operating. \n4) A failure by a police officer to comply with the requirements of subsection (1) or (2) does not of itself make the officer liable to criminal or civil proceedings. \n5) But if those requirements appear to the court or tribunal to be relevant to any question arising in criminal or civil proceedings, they must be taken into account in determining that question. \n6) In this section— \n\t- “body camera” means a device that operates so as to make a continuous audio and video recording while being worn;\n\t- “police officer” means— a member of a police force maintained under section 2 of the Police Act 1996,a member of the metropolitan police force,a member of the City of London police force,a special constable appointed under section 27 of the Police Act 1996, ora member or special constable of the British Transport Police Force.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/12",
    "legislation_id": "ukpga/2018/27",
    "title": "Police body cameras",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.244199Z",
    "text": "Section 2) **Mental health units to have a responsible person**\n\n1) A relevant health organisation that operates a mental health unit must appoint a responsible person for that unit for the purposes of this Act. \n2) The responsible person must— \n\ta) be employed by the relevant health organisation, and \n\tb) be of an appropriate level of seniority. \n3) Where a relevant health organisation operates more than one mental health unit that organisation must appoint a single responsible person in relation to all of the mental health units operated by that organisation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/2",
    "legislation_id": "ukpga/2018/27",
    "title": "Mental health units to have a responsible person",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.267707Z",
    "text": "Section 9) **Investigation of deaths or serious injuries**\nWhen a patient dies or suffers a serious injury in a mental health unit, the responsible person for the mental heath unit must have regard to any guidance relating to the investigation of deaths or serious injuries that is published by— \n\ta) the Care Quality Commission (see Part 1 of the Health and Social Care Act 2008); \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) NHS England (see section 1H of the National Health Service Act 2006); \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) a person prescribed by regulations made by the Secretary of State. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/9",
    "legislation_id": "ukpga/2018/27",
    "title": "Investigation of deaths or serious injuries",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.268073Z",
    "text": "Section 10) **Delegation of responsible person's functions**\n\n1) The responsible person for each mental health unit may delegate any functions exercisable by the responsible person under this Act to a relevant person only in accordance with this section. \n2) The responsible person may only delegate a function to a relevant person if the relevant person is of an appropriate level of seniority. \n3) The delegation of a function does not affect the responsibility of the responsible person for the exercise of the responsible person's functions under this Act. \n4) The delegation of a function does not prevent the responsible person from exercising the function. \n5) In this section  “relevant person” means a person employed by the relevant health organisation that operates the mental health unit. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/10",
    "legislation_id": "ukpga/2018/27",
    "title": "Delegation of responsible person's functions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.269793Z",
    "text": "Section 11) **Guidance about functions under this Act**\n\n1) The Secretary of State must publish guidance about the exercise of functions by responsible persons and relevant health organisations under this Act. \n2) In exercising functions under this Act, responsible persons and relevant health organisations must have regard to guidance published under this section. \n3) Before publishing guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate. \n4) The Secretary of State must keep under review any guidance published under this section. \n5) The Secretary of State may from time to time revise the guidance published under this section and, if this is done, must publish the guidance as revised. \n6) If the Secretary of State considers that any revisions would amount to a substantial change in the guidance, the Secretary of State must consult such persons as the Secretary of State considers appropriate before publishing any revised guidance. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/11",
    "legislation_id": "ukpga/2018/27",
    "title": "Guidance about functions under this Act",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.274861Z",
    "text": "Section 14) **Transitional provision**\nThe Secretary of State may by regulations make such transitional, transitory or saving provision in connection with the coming into force of any provision of this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/14",
    "legislation_id": "ukpga/2018/27",
    "title": "Transitional provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.275288Z",
    "text": "Section 16) **Regulations**\n\n1) Regulations under this Act are to be made by statutory instrument. \n2) Regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament (other than regulations made under section 17(3)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/16",
    "legislation_id": "ukpga/2018/27",
    "title": "Regulations",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2025-06-10T23:20:33.275056Z",
    "text": "Section 15) **Financial provisions**\nThere is to be paid out of money provided by Parliament— \n\ta) any expenditure incurred under or by virtue of this Act, and \n\tb) any increase attributable to this Act in the sums payable under any other Act out of money so provided. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2018/27/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/2018/27/section/15",
    "legislation_id": "ukpga/2018/27",
    "title": "Financial provisions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 2018,
    "legislation_number": 27,
    "act_name": "Mental Health Units (Use of Force) Act 2018"
  },
  {
    "created_at": "2026-02-07T11:35:43.676318Z",
    "text": "Section 6) **Extent, commencement and short title**\n\n1) This Act extends to England and Wales only. \n2) This Act comes into force at the end of the period of 2 months beginning with the day on which it is passed. \n3) This Act may be cited as the Autism Act 2009. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2009/15/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2009/15/section/6",
    "legislation_id": "ukpga/2009/15",
    "title": "Extent, commencement and short title",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2009,
    "legislation_number": 15,
    "act_name": "Autism Act 2009"
  },
  {
    "created_at": "2026-02-07T11:35:43.676294Z",
    "text": "Section 1) **Autism strategy**\n\n1) The Secretary of State must prepare and publish a document setting out a strategy for meeting the needs of adults in England with autistic spectrum conditions by improving the provision of relevant services to such adults by local authorities, NHS bodies and NHS foundation trusts. \n2) That document is referred to in this Act as  “the autism strategy”. \n3) The autism strategy must be published no later than 1 April 2010. \n4) The Secretary of State— \n\ta) must keep the autism strategy under review, and \n\tb) may revise it. \n5) If the Secretary of State revises the autism strategy the Secretary of State must publish it as revised. \n6) The Secretary of State must consult and seek the participation of such persons as the Secretary of State considers appropriate— \n\ta) in preparing the autism strategy, or \n\tb) in revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to the strategy. \n7) A document prepared and published by the Secretary of State before this section comes into force is as effective for the purposes of this section as a document prepared and published after that time. \n8) Consultation and steps to seek participation undertaken by the Secretary of State before this section comes into force are as effective for the purposes of this section as consultation and steps to seek participation undertaken after that time. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2009/15/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2009/15/section/1",
    "legislation_id": "ukpga/2009/15",
    "title": "Autism strategy",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2009,
    "legislation_number": 15,
    "act_name": "Autism Act 2009"
  },
  {
    "created_at": "2026-02-07T11:35:43.676304Z",
    "text": "Section 2) **Guidance by the Secretary of State**\n\n1) For the purpose of securing the implementation of the autism strategy, the Secretary of State must issue guidance— \n\ta) to local authorities about the exercise of their social services functions within the meaning of the Local Authority Social Services Act 1970 (c. 42) (see section 1A of that Act), and \n\tb) to NHS bodies and NHS foundation trusts about the exercise of their functions concerned with the provision of relevant services. \n2) Guidance must be issued under this section no later than 31 December 2010. \n3) The Secretary of State— \n\ta) must keep the guidance under review, and \n\tb) may revise it. \n4) In keeping the guidance under review the Secretary of State must in particular consider the extent to which the guidance has been effective in securing the implementation of the autism strategy. \n5) Guidance issued under this section must in particular include guidance about— \n\ta) the provision of relevant services for the purpose of diagnosing autistic spectrum conditions in adults; \n\tb) the identification of adults with such conditions; \n\tc) the assessment of the needs of adults with such conditions for relevant services; \n\td) planning in relation to the provision of relevant services to persons with autistic spectrum conditions as they move from being children to adults; \n\te) other planning in relation to the provision of relevant services to adults with autistic spectrum conditions; \n\tf) the training of staff who provide relevant services to adults with such conditions; \n\tg) local arrangements for leadership in relation to the provision of relevant services to adults with such conditions. \n6) The Secretary of State must consult and seek the participation of local authorities, NHS bodies and NHS foundation trusts before— \n\ta) issuing guidance under this section, or \n\tb) revising it in a way which would, in the opinion of the Secretary of State, result in a substantial change to the guidance. \n7) Consultation and steps to seek participation undertaken by the Secretary of State before this section comes into force are as effective for the purposes of this section as consultation and steps to seek participation undertaken after that time. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2009/15/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2009/15/section/2",
    "legislation_id": "ukpga/2009/15",
    "title": "Guidance by the Secretary of State",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2009,
    "legislation_number": 15,
    "act_name": "Autism Act 2009"
  },
  {
    "created_at": "2026-02-07T11:35:43.676311Z",
    "text": "Section 4) **Interpretation**\n\n1) In this Act— \n\t- “adult” means a person who is aged 18 or over (and, accordingly,  “child” means a person who is under the age of 18);\n\t- “local authority” means— a county council in England; a metropolitan district council; a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London;the Council of the Isles of Scilly;\n\t- “NHS body” means— ......a National Health Service trust all or most of whose hospitals, establishments and facilities are in England; NHS England  an integrated care board; a Special Health Authority performing functions only or mainly in respect of England;“relevant services”— \n\ta) in relation to an NHS body, means health services provided for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006 (c. 41); \n\tb) in relation to a local authority, means services provided in the exercise of the authority's social services functions within the meaning of the Local Authority Social Services Act 1970 (see section 1A of that Act). \n2) In this Act references to the provision of services include references to arranging for the provision of services (and references to services provided are to be construed accordingly). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2009/15/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2009/15/section/4",
    "legislation_id": "ukpga/2009/15",
    "title": "Interpretation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2009,
    "legislation_number": 15,
    "act_name": "Autism Act 2009"
  },
  {
    "created_at": "2026-02-07T11:35:43.676308Z",
    "text": "Section 3) **Local authorities and NHS bodies: duty to act under guidance**\n\n1) This section applies to guidance or revised guidance issued under section 2 to a local authority or an NHS body. \n2) Guidance or revised guidance is to be treated as if it were general guidance of the Secretary of State under section 7 of the Local Authority Social Services Act 1970 (c. 42) (local authorities to exercise social services functions under guidance of Secretary of State). \n3) For the purposes of guidance or revised guidance— \n\ta) an NHS body is to be treated as if it were a local authority within the meaning of the 1970 Act (see section 1 of that Act), and \n\tb) the functions of an NHS body mentioned in section 2(1)(b) are to be treated as if they were its social services functions within the meaning of that Act (see section 1A of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2009/15/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2009/15/section/3",
    "legislation_id": "ukpga/2009/15",
    "title": "Local authorities and NHS bodies: duty to act under guidance",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2009,
    "legislation_number": 15,
    "act_name": "Autism Act 2009"
  },
  {
    "created_at": "2026-02-07T11:35:43.676315Z",
    "text": "Section 5) **Expenses**\nThere shall be paid out of money provided by Parliament— \n\ta) any expenditure incurred under or by virtue of this Act by the Secretary of State, and \n\tb) any increase attributable to this Act in the sums payable under any other Act out of money so provided. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2009/15/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2009/15/section/5",
    "legislation_id": "ukpga/2009/15",
    "title": "Expenses",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2009,
    "legislation_number": 15,
    "act_name": "Autism Act 2009"
  },
  {
    "created_at": "2025-10-18T05:25:05.980316Z",
    "text": "SCHEDULE 12 Minor Amendments Section 108(4). *The Custody of Children Act 1891 (c. 3)*\n\n1) The Custody of Children Act 1891 (which contains miscellaneous obsolete provisions with respect to the custody of children) shall cease to have effect. *The Children and Young Persons Act 1933 (c. 12)*\n\n2) In section 1(2)(a) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen), after the words “young person\" there shall be inserted “\n                , or the legal guardian of a child or young person,\"\n         ” . \n3) Section 40 of that Act shall cease to have effect. *The Education Act 1944 (c. 31)*\n\n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Marriage Act 1949 (c. 76)*\n\n5) \n1) In section 3 of the Marriage Act 1949 (consent required to the marriage of a child by common licence or superintendent registrar’s certificate), in subsection (1) for the words “the Second Schedule to this Act\" there shall be substituted “\n                    subsection (1A) of this section\"\n           ” . \n2) After that subsection there shall be inserted— \n1A) The consents are— \n\ta) subject to paragraphs (b) to (d) of this subsection, the consent of— \n\t\ti) each parent (if any) of the child who has parental responsibility for him; and \n\t\tii) each guardian (if any) of the child; \n\tb) where a residence order is in force with respect to the child, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection); \n\tc) where a care order is in force with respect to the child, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection); \n\td) where neither paragraph (b) nor (c) of this subsection applies but a residence order was in force with respect to the child immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection). \n1B) In this section “guardian of a child”, “parental responsibility”, “residence order” and “care order” have the same meaning as in the Children Act 1989. *The Births and Deaths Registration Act 1953 (c. 20)*\n\n6) \n1) Sections 10 and 10A of the Births and Deaths Registration Act 1953 (registration of father, and re-registration, where parents not married) shall be amended as follows. \n2) In sections 10(1) and 10A(1) for paragraph (d) there shall be substituted— \n\td) at the request of the mother or that person on production of— \n\t\ti) a copy of a parental responsibility agreement made between them in relation to the child; and \n\t\tii) a declaration in the prescribed form by the person making the request stating that the agreement was made in compliance with section 4 of the Children Act 1989 and has not been brought to an end by an order of a court; or \n\te) at the request of the mother or that person on production of— \n\t\ti) a certified copy of an order under section 4 of the Children Act 1989 giving that person parental responsibility for the child; and \n\t\tii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end by an order of a court; or \n\tf) at the request of the mother or that person on production of— \n\t\ti) a certified copy of an order under paragraph 1 of Schedule 1 to the Children Act 1989 which requires that person to make any financial provision for the child and which is not an order falling within paragraph 4(3) of that Schedule; and \n\t\tii) a declaration in the prescribed form by the person making the request stating that the order has not been discharged by an order of a court; or \n\tg) at the request of the mother or that person on production of— \n\t\ti) a certified copy of any of the orders which are mentioned in subsection (1A) of this section which has been made in relation to the child; and \n\t\tii) a declaration in the prescribed form by the person making the request stating that the order has not been brought to an end or discharged by an order of a court. \n3) After sections 10(1) and 10A(1) there shall be inserted— \n1A) The orders are— \n\ta) an order under section 4 of the Family Law Reform Act 1987 that that person shall have all the parental rights and duties with respect to the child; \n\tb) an order that that person shall have custody or care and control or legal custody of the child made under section 9 of the Guardianship of Minors Act 1971 at a time when such an order could only be made in favour of a parent; \n\tc) an order under section 9 or 11B of that Act which requires that person to make any financial provision in relation to the child; \n\td) an order under section 4 of the Affiliation Proceedings Act 1957 naming that person as putative father of the child. \n4) In section 10(2) for the words “or (d)\" there shall be substituted “\n                    to (g)\"\n           ” . \n5) In section 10(3) for the words from ““relevant order\"\" to the end there shall be substituted “parental responsibility agreement” has the same meaning as in the Children Act 1989 . \n6) In section 10A(2) in paragraphs (b) and (c) for the words “paragraph (d)\" in both places where they occur there shall be substituted “\n                    any of paragraphs (d) to (g)\"\n           ” . *The Army Act 1955 (c. 18)*\n\n7) In section 151 of the Army Act 1955 (deductions from pay for maintenance of wife or child), in subsection (1A)(a) for the words “in the care of a local authority in England or Wales\" there shall be substituted “\n                being looked after by a local authority in England or Wales (within the meaning of the Children Act 1989)\"\n         ” . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Air Force Act 1955 (c. 19)*\n\n9) Section 151(1A) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child) shall have effect subject to the amendment that is set out in paragraph 7 in relation to section 151(1A) of the Army Act 1955. \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Sexual Offences Act 1956 (c. 69)*\n\n11)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n12)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n13)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n14)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n15) Section 38 of that Act (power of court to divest person of authority over girl or boy in case of incest) shall cease to have effect. \n16)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n17) After section 46 of that Act there shall be inserted— \n\nSection 46A) **Meaning of “parental responsibility\".**\nIn this Act “parental responsibility” has the same meaning as in the Children Act 1989. *The Naval Discipline Act 1957 (c. 53)*\n\n18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Children and Young Persons Act 1963 (c. 37)*\n\n19) Section 3 of the Children and Young Persons Act 1963 (children and young persons beyond control) shall cease to have effect. *The Children and Young Persons Act 1969 (c. 54)*\n\n20) In section 5 of the Children and Young Persons Act 1969 (restrictions on criminal proceedings for offences by young persons), in subsection (2), for the words “section 1 of this Act\" there shall be substituted “\n                 Part IV of the Children Act 1989\"\n         ” . \n21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n26) For section 23 of that Act (remand to care of local authorities etc.) there shall be substituted— \n\nSection 23) **Remand to local authority accommodation, committal of young persons of unruly character, etc.**\n\n1) Where a court— \n\ta) remands or commits for trial a child charged with homicide or remands a child convicted of homicide; or \n\tb) remands a young person charged with or convicted of one or more offences or commits him for trial or sentence, and he is not released on bail, then, unless he is a young person who is certified by the court to be of unruly character, the court shall remand him to local authority accommodation. \n2) A court remanding a person to local authority accommodation shall designate the authority who are to receive him and that authority shall be the authority in whose area it appears to the court that— \n\ta) he resides; or \n\tb) the offence or one of the offences was committed. \n3) Where a person is remanded to local authority accommodation, it shall be lawful for any person acting on behalf of the designated authority to detain him. \n4) The court shall not certify a young person as being of unruly character unless— \n\ta) he cannot safely be remanded to local authority accommodation; and \n\tb) the conditions prescribed by order made by the Secretary of State under this subsection are satisfied in relation to him. \n5) Where the court certifies that a young person is of unruly character, it shall commit him— \n\ta) to a remand centre, if it has been notified that such a centre is available for the reception from the court of such persons; and \n\tb) to a prison, if it has not been so notified. \n6) Where a young person is remanded to local authority accommodation, a court may, on the application of the designated authority, certify him to be of unruly character in accordance with subsection (4) of this section (and on so doing he shall cease to be remanded to local authority accommodation and subsection (5) of this section shall apply). \n7) For the purposes of subsection (6) of this section, \n\t- “a court” means—\n\ta) the court which remanded the young person; or \n\tb) any magistrates’ court having jurisdiction in the place where that person is for the time being, and in this section “court” and “magistrates’ court” include a justice. \n8) This section has effect subject to— \n\ta) section 37 of the Magistrates’ Courts Act 1980 (committal to the Crown Court with a view to a sentence of detention in a young offender institution); and \n\tb) section 128(7) of that Act (remands to the custody of a constable for periods of not more than three days), but section 128(7) shall have effect in relation to a child or young person as if for the reference to three clear days there were substituted a reference to twenty-four hours. \n27) \n1) In section 32 of that Act (detention of absentees), for subsection (1A) there shall be substituted the following subsections— \n1A) If a child or young person is absent, without the consent of the responsible person— \n\ta) from a place of safety to which he has been taken under section 16(3) of this Act; or \n\tb) from local authority accommodation— \n\t\ti) in which he is required to live under section 12AA of this Act; or \n\t\tii) to which he has been remanded under section 23(1) of this Act, he may be arrested by a constable anywhere in the United Kingdom or Channel Islands without a warrant. \n1B) A person so arrested shall be conducted to— \n\ta) the place of safety; \n\tb) the local authority accommodation; or \n\tc) such other place as the responsible person may direct, at the responsible person’s expense. \n1C) In this section “the responsible person” means the person who made the arrangements under section 16(3) of this Act or, as the case may be, the authority designated under section 12AA or 23 of this Act. \n2) In subsection (2B) of that section for the words “person referred to in subsection (1A)(a) or (b) (as the case may be) of this section\" there shall be substituted “\n                    responsible person\"\n           ” . \n28) In section 34(1) of that Act (transitional modifications of Part I for persons of specified ages)— \n\ta) in paragraph (a), for the words “13(2) or 28(4) or (5)\" there shall be substituted “\n                    or 13(2)\"\n           ” ; and \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n29) In section 70(1) of that Act (interpretation)— \n\ta) after the definition of “local authority\" there shall be inserted— “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989) ; . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n30) In section 73 of that Act (extent, etc.)— \n\ta) in subsection (4)(a) for “32(1), (3) and (4)\" there shall be substituted “\n                    32(1) to (1C) and (2A) to (4)\"\n           ” ; and \n\tb) in subsection (6) for “32(1), (1A)\" there shall be substituted “\n                    32(1) to (1C)\"\n           ” . *The Matrimonial Causes Act 1973 (c. 18)*\n\n31) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n32) In section 42 of that Act, subsection (3) (declaration by court that party to marriage unfit to have custody of children of family) shall cease to have effect. \n33) In section 52(1) of that Act (interpretation), in the definition of “child of the family\", for the words “has been boarded-out with those parties\" there shall be substituted “\n                is placed with those parties as foster parents\"\n         ” . *The National Health Service Act 1977 (c. 49)*\n\n34)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Child Care Act 1980 (c. 5)*\n\n35) Until the repeal of the Child Care Act 1980 by this Act takes effect, the definition of “parent” in section 87 of that Act shall have effect as if it applied only in relation to Part I and sections 13, 24, 64 and 65 of that Act (provisions excluded by section 2(1)(f) of the  Family Law Reform Act 1987 from the application of the general rule in that Act governing the meaning of references to relationships between persons). *The Education Act 1981 (c. 60)*\n\n36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Child Abduction Act 1984 (c. 37)*\n\n37) \n1) Section 1 of the Child Abduction Act 1984 (offence of abduction by parent, etc.) shall be amended as follows. \n2) For subsections (2) to (4) there shall be substituted— \n2) A person is connected with a child for the purposes of this section if— \n\ta) he is a parent of the child; or \n\tb) in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or \n\tc) he is a guardian of the child; or \n\td) he is a person in whose favour a residence order is in force with respect to the child; or \n\te) he has custody of the child. \n3) In this section “the appropriate consent”, in relation to a child, means— \n\ta) the consent of each of the following— \n\t\ti) the child’s mother; \n\t\tii) the child’s father, if he has parental responsibility for him; \n\t\tiii) any guardian of the child; \n\t\tiv) any person in whose favour a residence order is in force with respect to the child; \n\t\tv) any person who has custody of the child; or \n\tb) the leave of the court granted under or by virtue of any provision of Part II of the Children Act 1989; or \n\tc) if any person has custody of the child, the leave of the court which awarded custody to him. \n4) A person does not commit an offence under this section by taking or sending a child out of the United Kingdom without obtaining the appropriate consent if— \n\ta) he is a person in whose favour there is a residence order in force with respect to the child, and \n\tb) he takes or sends him out of the United Kingdom for a period of less than one month. \n4A) Subsection (4) above does not apply if the person taking or sending the child out of the United Kingdom does so in breach of an order under Part II of the Children Act 1989. \n3) In subsection (5) for the words from “but\" to the end there shall be substituted— \n5A) Subsection (5)(c) above does not apply if— \n\ta) the person who refused to consent is a person— \n\t\ti) in whose favour there is a residence order in force with respect to the child; or \n\t\tii) who has custody of the child; or \n\tb) the person taking or sending the child out of the United Kingdom is, by so acting, in breach of an order made by a court in the United Kingdom. \n4) For subsection (7) there shall be substituted— \n7) For the purposes of this section— \n\ta) “guardian of a child”, “residence order” and “parental responsibility” have the same meaning as in the Children Act 1989; and \n\tb) a person shall be treated as having custody of a child if there is in force an order of a court in the United Kingdom awarding him (whether solely or jointly with another person) custody, legal custody or care and control of the child. \n5) In subsection (8) for the words from “or voluntary organisation\" to “custodianship proceedings or\" there shall be substituted “\n                    detained in a place of safety, remanded to a local authority accommodation or the subject of\"\n           ” . \n38) \n1) In section 2 of that Act (offence of abduction of child by other persons), in subsection (1) for the words from “Subject\" to “above\" there shall be substituted “\n                    Subject to subsection (3) below, a person, other than one mentioned in subsection (2) below.\"\n           ” \n2) For subsection (2) of that section there shall be substituted— \n2) The persons are— \n\ta) where the father and mother of the child in question were married to each other at the time of his birth, the child’s father and mother; \n\tb) where the father and mother of the child in question were not married to each other at the time of his birth, the child’s mother; and \n\tc) any other person mentioned in section 1(2)(c) to (e) above. \n3) In proceedings against any person for an offence under this section, it shall be a defence for that person to prove— \n\ta) where the father and mother of the child in question were not married to each other at the time of his birth— \n\t\ti) that he is the child’s father; or \n\t\tii) that, at the time of the alleged offence, he believed, on reasonable grounds, that he was the child’s father; or \n\tb) that, at the time of the alleged offence, he believed that the child had attained the age of sixteen. \n39) At the end of section 3 of that Act (construction of references to taking, sending and detaining) there shall be added and \n\td) references to a child’s parents and to a child whose parents were (or were not) married to each other at the time of his birth shall be construed in accordance with section 1 of the Family Law Reform Act 1987 (which extends their meaning). \n40) \n1) The Schedule to that Act (modifications of section 1 for children in certain cases) shall be amended as follows. \n2) In paragraph 1(1) for the words “or voluntary organisation\" there shall be substituted “\n                    within the meaning of the Children Act 1989\"\n           ” . \n3) For paragraph 2(1) there shall be substituted— \n1) This paragraph applies in the case of a child who is— \n\ta) detained in a place of safety under section 16(3) of the Children and Young Persons Act 1969; or \n\tb) remanded to local authority accommodation under section 23 of that Act. \n4) In paragraph 3(1)— \n\ta) in paragraph (a) for the words “section 14 of the Children Act 1975\" there shall be substituted “\n                        section 18 of the Adoption Act 1976\"\n             ” ; and \n\tb) in paragraph (d) for the words “section 25 of the Children Act 1975 or section 53 of the Adoption Act 1958\" there shall be substituted “\n                        section 55 of the Adoption Act 1976\"\n             ” . \n5) In paragraph 3(2)(a)— \n\ta) in sub-paragraph (i), for the words from “order or,\" to “Children Act 1975\" there shall be substituted “\n                        section 18 order or, if the section 18 order has been varied under section 21 of that Act so as to give parental responsibility to another agency\"\n             ” , and \n\tb) in sub-paragraph (ii), for the words “(c) or (e)\" there shall be substituted “\n                        or (c)\"\n             ” . \n6) At the end of paragraph 3 there shall be added— \n3) Sub-paragraph (2) above shall be construed as if the references to the court included, in any case where the court is a magistrates’ court, a reference to any magistrates’ court acting for the same area as that court . \n7) For paragraph 5 there shall be substituted— \n5) In this Schedule— \n\ta) “adoption agency” and “adoption order” have the same meaning as in the Adoption Act 1976; and \n\tb) “area”, in relation to a magistrates’ court, means the petty sessions area (within the meaning of the Justices of the Peace Act 1979) for which the court is appointed. *The Foster Children (Scotland) Act 1984 (c. 56)*\n\n41) In section 1 of the Foster Children (Scotland) Act 1984 (definition of foster child)— \n\ta) for the words “he is— (a)\" there shall be substituted “\n                    (a) he is\"\n           ” ; and \n\tb) the words “for a period of more than 6 days\" and the words from “The period\" to the end shall cease to have effect.. \n42) In section 2(2) of that Act (exceptions to section 1), for paragraph (f) there shall be substituted— \n\tf) if he has been in that person’s care for a period of less than 28 days and that person does not intend to undertake his care for any longer period. \n43) In section 7(1) of that Act (persons disqualified from keeping foster children)— \n\ta) the word “or\" at the end of paragraph (e) shall be omitted; and \n\tb) after paragraph (f) there shall be inserted or \n\t\tg) he is disqualified from fostering a child privately (within the meaning of the Children Act 1989) by regulations made under section 68 of that Act, . *The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)*\n\n44) In section 2(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which authorised representative has right to visit etc. disabled person), after paragraph (d) there shall be inserted— \n\tdd) in accommodation provided by any educational establishment. *The Legal Aid Act 1988 (c. 34)*\n\n45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/12",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/12",
    "legislation_id": "ukpga/1989/41",
    "title": "Minor Amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:06.009223Z",
    "text": "SCHEDULE 13 Consequential Amendments Section 108(5). *The Wills Act 1837 (c. 26)*\n\n1) In section 1 of the Wills Act 1837 (interpretation), in the definition of “will\", for the words “and also to a disposition by will and testament or devise of the custody and tuition of any child\" there shall be substituted “\n                and also to an appointment by will of a guardian of a child\"\n         ” . *The Children and Young Persons Act 1933 (c. 12)*\n\n2) In section 1(1) of the Children and Young Persons Act 1933 (cruelty to persons under sixteen) for the words “has the custody, charge or care of\" there shall be substituted “\n                has responsibility for\"\n         ” . \n3) In the following sections of that Act— \n\ta) 3(1) (allowing persons under sixteen to be in brothels); \n\tb) 4(1) and (2) (causing or allowing persons under sixteen to be used for begging); \n\tc) 11 (exposing children under twelve to risk of burning); and \n\td) 25(1) (restrictions on persons under eighteen going abroad for the purpose of performing for profit), for the words “the custody, charge or care of\" there shall, in each case, be substituted “\n                responsibility for\"\n         ” . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) For section 17 of that Act (interpretation of Part I) there shall be substituted the following section— \n\nSection 17) **Interpretation of Part I.**\n\n1) For the purposes of this Part of this Act, the following shall be presumed to have responsibility for a child or young person— \n\ta) any person who— \n\t\ti) has parental responsibility for him (within the meaning of the Children Act 1989); or \n\t\tii) is otherwise legally liable to maintain him; and \n\tb) any person who has care of him. \n2) A person who is presumed to be responsible for a child or young person by virtue of subsection (1)(a) shall not be taken to have ceased to be responsible for him by reason only that he does not have care of him. \n6) \n1) In section 34 of that Act (attendance at court of parent of child or young person charged with an offence etc.), in subsection (1) after the word “offence\" there shall be inserted “\n                    is the subject of an application for a care or supervision order under Part IV of the Children Act 1989\"\n           ” . \n2) In subsection (7) of that section after the words “Children and Young Persons Act 1969\" there shall be inserted “\n                    or Part IV of the Children Act 1989\"\n           ” . \n3) After subsection (7) of that section there shall be inserted— \n7A) If it appears that at the time of his arrest the child or young person is being provided with accommodation by or on behalf of a local authority under section 20 of the Children Act 1989, the local authority shall also be informed as described in subsection (3) above as soon as it is reasonably practicable to do so. \n7) In section 107(1) of that Act (interpretation)— \n\ta) in the definition of “guardian\", for the words “charge of or control over\" there shall be substituted “\n                    care of\"\n           ” ; \n\tb) for the definition of legal guardian there shall be substituted— \n\t\t\t\t- “legal guardian”, in relation to a child or young person, means a guardian of a child as defined in the Children Act 1989. *The Education Act 1944 (c. 31)*\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The National Assistance Act 1948 (c. 29)*\n\n11) \n1) In section 21(1)(a) of the National Assistance Act 1948 (persons for whom local authority is to provide residential accommodation) after the word “persons\" there shall be inserted “\n                    aged eighteen or over\"\n           ” . \n2) In section 29(1) of that Act (welfare arrangements for blind, deaf, dumb and crippled persons) after the words “that is to say persons\" and after the words “and other persons\" there shall, in each case, be inserted “\n                    aged eighteen or over\"\n           ” . *The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)*\n\n12) For section 2(1)(d) of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (cases in which leave of the appropriate court is required before enforcing certain orders for the payment of money), there shall be substituted— \n\td) an order for alimony, maintenance or other payment made under sections 21 to 33 of the Matrimonial Causes Act 1973 or made, or having effect as if made, under Schedule 1 to the Children Act 1989. *The Mines and Quarries Act 1954 (c. 70)*\n\n13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Administration of Justice Act 1960 (c. 65)*\n\n14) In section 12 of the Administration of Justice Act 1960 (publication of information relating to proceedings in private), in subsection (1) for paragraph (a) there shall be substituted— \n\ta) where the proceedings— \n\t\ti) relate to the exercise of the inherent jurisdiction of the High Court with respect to minors; \n\t\tii) are brought under the Children Act 1989; or \n\t\tiii) otherwise relate wholly or mainly to the maintenance or upbringing of a minor; . *The Factories Act 1961 (c. 34)*\n\n15) In section 176(1) of the Factories Act 1961 (interpretation), in the definition of “parent\", for the words from “or guardian\" to first “young person\" there shall be substituted “\n                of a child or young person or any person who is not a parent of his but who has parental responsibility for him (within the meaning of the Children Act 1989)\"\n         ” . *The Criminal Justice Act 1967 (c. 80)*\n\n16) In section 67(1A)(c) of the Criminal Justice Act 1967 (computation of sentences of imprisonment passed in England and Wales) for the words “in the care of a local authority\" there shall be substituted “\n                remanded to local authority accommodation.\"\n         ” *The Health Services and Public Health Act 1968 (c. 46)*\n\n17) \n1) In section 64(3)(a) of the Health Services and Public Health Act 1968 (meaning of “relevant enactments” in relation to power of Minister of Health or Secretary of State to provide financial assistance), for sub-paragraph (xix) inserted by paragraph 19 of Schedule 5 to the  Child Care Act 1980 there shall be substituted— \n\t\txx) the Children Act 1989. \n2) In section 65(3)(b) of that Act (meaning of “relevant enactments” in relation to power of local authority to provide financial and other assistance), for sub-paragraph (xx) inserted by paragraph 20 of Schedule 5 to the Child Care Act 1980 there shall be substituted— \n\t\txxi) the Children Act 1989. *The Social Work (Scotland) Act 1968 (c. 49)*\n\n18) In section 2(2) of the Social Work (Scotland) Act 1968 (matters referred to social work committee) after paragraph (j) there shall be inserted— \n\tk) section 19 and Part X of the Children Act 1989, . \n19) In section 5(2)(c) of that Act (power of Secretary of State to make regulations) for the words “and (j)\" there shall be substituted “\n                to (k)\"\n         ” . \n20) In section 21(3) of that Act (mode of provision of accommodation and maintenance) for the words “section 21 of the Child Care Act 1980\" there shall be substituted “\n                section 23 of the Children Act 1989\"\n         ” . \n21) In section 74(6) of that Act (parent of child in residential establishment moving to England or Wales) for the words from “Children and Young Persons Act 1969\" to the end there shall be substituted “\n                Children Act 1989, but as if section 31(8) were omitted\"\n         ” . \n22) In section 75(2) of that Act (parent of child subject to care order etc. moving to Scotland), for the words “Children and Young Persons Act 1969\" there shall be substituted “\n                Children Act 1989\"\n         ” . \n23) In section 86(3) of that Act (meaning of ordinary residence for purpose of adjustments between authority providing accommodation and authority of area of residence), the words “the Child Care Act 1980 or” shall be omitted and after the words “education authority\" there shall be inserted “\n                or placed with local authority foster parents under the Children Act 1989\"\n         ” . *The Civil Evidence Act 1968 (c. 64)*\n\n24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Administration of Justice Act 1970 (c. 31)*\n\n25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Local Authority Social Services Act 1970 (c. 42)*\n\n26) \n1) In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social service committee)— \n\ta) in the entry relating to the Mental Health Act 1959, for the words “sections 8 and 9\" there shall be substituted “\n                        section 8\"\n             ” ; and \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) At the end of that Schedule there shall be added— Children Act 1989.Welfare reports.The whole Act, in so far as it confers functions on a local authority within the meaning of that Act.Consent to application for residence order in respect of child in care.Family assistance orders.Functions under Part III of the Act (local authority support for children and families).Care and supervision.Protection of children.Functions in relation to community homes, voluntary homes and voluntary organisations, registered children’s homes, private arrangements for fostering children, child minding and day care for young children.Inspection of children’s homes on behalf of Secretary of State.Research and returns of information. Functions in relation to children accommodated by health authorities and local education authorities or in residential care, nursing or mental nursing homes or in independent schools. *The Chronically Sick and Disabled Persons Act 1970 (c. 44)*\n\n27) After section 28 of the Chronically Sick and Disabled Persons Act 1970 there shall be inserted— \n\nSection 28A) **Application of Act to authorities having functions under the Children Act 1989.**\nThis Act applies with respect to disabled children in relation to whom a local authority have functions under Part III of the Children Act 1989 as it applies in relation to persons to whom section 29 of the National Assistance Act 1948 applies. *The Courts Act 1971 (c. 23)*\n\n28) In Part I of Schedule 9 to the Courts Act 1971 (substitution of references to Crown Court), in the entry relating to the Children and Young Persons Act 1969, for the words “Sections 2(12), 3(8), 16(8), 21(4)(5)\" there shall be substituted “\n                Section 16(8).\"\n         ” . *The Attachment of Earnings Act 1971 (c. 32)*\n\n29) In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which that Act applies), in paragraph 7, for the words “section 47 or 51 of the Child Care Act 1980\" there shall be substituted “\n                paragraph 23 of Schedule 2 to the Children Act 1989\"\n         ” . *The Tribunals and Inquiries Act 1971 (c. 62)*\n\n30) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Local Government Act 1972 (c. 70)*\n\n31) \n1) In section 102(1) of the Local Government Act 1972 (appointment of committees) for the words “section 31 of the Child Care Act 1980\" there shall be substituted “\n                    section 53 of the Children Act 1989\"\n           ” . \n2) In Schedule 12A to that Act (access to information: exempt information), in Part III (interpretation), in paragraph 1(1)(b) for the words “section 20 of the Children and Young Persons Act 1969\" there shall be substituted “\n                    section 31 of the Children Act 1989\"\n           ” . *The Employment of Children Act 1973 (c. 24)*\n\n32)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Domicile and Matrimonial Proceedings Act 1973 (c. 45)*\n\n33) \n1) In Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (proceedings in divorce etc. stayed by reference to proceedings in other jurisdiction), paragraph 11(1) shall be amended as follows— \n\ta) at the end of the definition of “lump sum\" there shall be added “or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(c) of that Schedule\"; \n\tb) in the definition of “relevant order\", at the end of paragraph (b), there shall be added “or an order made in equivalent circumstances under Schedule 1 to the Children Act 1989 and of a kind mentioned in paragraph 1(2)(a) or (b) of that Schedule\"; \n\tc) in paragraph (c) of that definition, after the word “children)\" there shall be inserted “or a section 8 order under the Children Act 1989\"; and \n\td) in paragraph (d) of that definition for the words “the custody, care or control\" there shall be substituted “care\". \n2) In paragraph 11(3) of that Schedule— \n\ta) the word “four” shall be omitted; and \n\tb) for the words “the custody of a child and the education of a child\" there shall be substituted “or any provision which could be made by a section 8 order under the Children Act 1989\". *The Powers of Criminal Courts Act 1973 (c. 62)*\n\n34) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Rehabilitation of Offenders Act 1974 (c. 53)*\n\n35) \n1) Section 7(2) of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under the Act) shall be amended as follows. \n2) For paragraph (c) there shall be substituted— \n\tc) in any proceedings relating to adoption, the marriage of any minor, the exercise of the inherent jurisdiction of the High Court with respect to minors or the provision by any person of accommodation, care or schooling for minors; \n\tcc) in any proceedings brought under the Children Act 1989; \n3) For paragraph (d) there shall be substituted— \n\td) in any proceedings relating to the variation or discharge of a supervision order under the Children and Young Persons Act 1969, or on appeal from any such proceedings . *The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)*\n\n36) For section 8 of the Domestic Proceedings and Magistrates’ Courts Act 1978 (orders for the custody of children) there shall be substituted— \n\nSection 8) **Restrictions on making of orders under this Act: welfare of children.**\nWhere an application is made by a party to a marriage for an order under section 2, 6 or 7 of this Act, then, if there is a child of the family who is under the age of eighteen, the court shall not dismiss or make a final order on the application until it has decided whether to exercise any of its powers under the Children Act 1989 with respect to the child. \n37) In section 19(3A)(b) (interim orders) for the words “subsections (2) and\" there shall be substituted “\n                subsection\"\n         ” . \n38) For section 20(12) of that Act (variation and revocation of orders for periodical payments) there shall be substituted— \n12) An application under this section may be made— \n\ta) where it is for the variation or revocation of an order under section 2, 6, 7 or 19 of this Act for periodical payments, by either party to the marriage in question; and \n\tb) where it is for the variation of an order under section 2(1)(c), 6 or 7 of this Act for periodical payments to or in respect of a child, also by the child himself, if he has attained the age of sixteen. \n39) \n1) For section 20A of that Act (revival of orders for periodical payments) there shall be substituted— \n\nSection 20A) **Revival of orders for periodical payments.**\n\n1) Where an order made by a magistrates’ court under this Part of this Act for the making of periodical payments to or in respect of a child (other than an interim maintenance order) ceases to have effect— \n\ta) on the date on which the child attains the age of sixteen, or \n\tb) at any time after that date but before or on the date on which he attains the age of eighteen, the child may apply to the court which made the order for an order for its revival. \n2) If on such an application it appears to the court that— \n\ta) the child is, will be or (if an order were made under this subsection) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment, or \n\tb) there are special circumstances which justify the making of an order under this subsection, the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application. \n3) Any order revived under this section may be varied or revoked under section 20 in the same way as it could have been varied or revoked had it continued in being. \n40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n41) \n1) In section 25 of that Act (effect on certain orders of parties living together), in subsection (1)(a) for the words “6 or 11(2)\" there shall be substituted “\n                    or 6\"\n           ” . \n2) In subsection (2) of that section— \n\ta) in paragraph (a) for the words “6 or 11(2)\" there shall be substituted “\n                        or 6\"\n             ” ; and \n\tb) after paragraph (a) there shall be inserted “\n                        or\"\n             ” . \n42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n43) In section 88(1) of that Act (interpretation)— \n\ta) in the definition of “child\", for the words from “an illegitimate\" to the end there shall be substituted “\n                    a child whose father and mother were not married to each other at the time of his birth\"\n           ” ; and \n\tb) in the definition of “child of the family\", for the words “being boarded-out with those parties\" there shall be substituted “\n                    placed with those parties as foster parents\"\n           ” . *The Magistrates’ Courts Act 1980 (c. 43)*\n\n44) \n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) For section 62(5) of that Act (payments to children) there shall be substituted— \n5) In this section references to the person with whom a child has his home— \n\ta) in the case of any child who is being looked after by a local authority (within the meaning of section 22 of the Children Act 1989), are references to that local authority; and \n\tb) in any other case, are references to the person who, disregarding any absence of the child at a hospital or boarding school and any other temporary absence, has care of the child. . *The  Senior Courts Act 1981 (c. 54)*\n\n45) \n1) In section 18 of the Senior Courts Act 1981 (restrictions on appeals to Court of Appeal)— \n\ta) in subsection (1)(h)(i), for the word “custody\" there shall be substituted “\n                        residence\"\n             ” ; and \n\tb) in subsection (1)(h)(ii) for the words “access to\", in both places, there shall be substituted “\n                        contact with\"\n             ” . \n2) In section 41 of that Act (wards of court), the following subsection shall be inserted after subsection (2)— \n2A) Subsection (2) does not apply with respect to a child who is the subject of a care order (as defined by section 105 of the Children Act 1989). \n3) In Schedule 1 to that Act (distribution of business in High Court), for paragraph 3(b)(ii) there shall be substituted— \n\t\tii) the exercise of the inherent jurisdiction of the High Court with respect to minors, the maintenance of minors and any proceedings under the Children Act 1989, except proceedings solely for the appointment of a guardian of a minor’s estate; . *The Armed Forces Act 1981 (c. 55)*\n\n46) In section 14 of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care and control), in subsection (9A) for the words “the Children and Young Persons Act 1933, the Children and Young Persons Act 1969\" there shall be substituted “\n                the Children Act 1989\"\n         ” . *The Civil Jurisdiction and Judgments Act 1982 (c. 27)*\n\n47) In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (maintenance and similar payments excluded from Schedule 4 to that Act) for the words “section 47 or 51 of the Child Care Act 1980\" there shall be substituted “\n                paragraph 23 of Schedule 2 to the Children Act 1989\"\n         ” . *The Mental Health Act 1983 (c. 20)*\n\n48) \n1) For section 27 of the Mental Health Act 1983 (children and young persons in care of local authority) there shall be substituted the following section— \n\nSection 27) **Children and young persons in care.**\nWhere— \n\ta) a patient who is a child or young person is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989; or \n\tb) the rights and powers of a parent of a patient who is a child or young person are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968, the authority shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife (if any). \n2) Section 28 of that Act (nearest relative of minor under guardianship, etc.) is amended as mentioned in sub-paragraphs (3) and (4). \n3) For subsection (1) there shall be substituted— \n1) Where— \n\ta) a guardian has been appointed for a person who has not attained the age of eighteen years; or \n\tb) a residence order (as defined by section 8 of the Children Act 1989) is in force with respect to such a person, the guardian (or guardians, where there is more than one) or the person named in the residence order shall, to the exclusion of any other person, be deemed to be his nearest relative. \n4) For subsection (3) there shall be substituted— \n3) In this section “guardian” does not include a guardian under this Part of this Act. \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Registered Homes Act 1984 (c. 23)*\n\n49) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Mental Health (Scotland) Act 1984 (c. 36)*\n\n50)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Matrimonial and Family Proceedings Act 1984 (c. 42)*\n\n51) In section 38(2)(b) of the Matrimonial and Family Proceedings Act 1984 (transfer of family proceedings from High Court to county court) after the words “a ward of court\" there shall be inserted “\n                or any other proceedings which relate to the exercise of the inherent jurisdiction of the High Court with respect to minors\"\n         ” . *The Police and Criminal Evidence Act 1984 (c. 60)*\n\n52) In section 37(14) of the Police and Criminal Evidence Act 1984 (duties of custody officer before charge) after the words “Children and Young Persons Act 1969\" there shall be inserted “\n                or in Part IV of the Children Act 1989\"\n         ” . \n53) \n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) After that subsection there shall be inserted— \n6A) In this section “local authority accommodation” means accommodation provided by or on behalf of a local authority (within the meaning of the Children Act 1989). \n6B) Where an arrested juvenile is moved to local authority accommodation under subsection (6) above, it shall be lawful for any person acting on behalf of the authority to detain him. . \n3) In subsection (8) of that section for the words “Children and Young Persons Act 1969\" there shall be substituted “\n                    Children Act 1989\"\n           ” . \n54) In section 39(4) of that Act (responsibilities in relation to persons detained) for the words “transferred to the care of a local authority in pursuance of arrangements made\" there shall be substituted “\n                moved to local authority accommodation\"\n         ” . \n55) In Schedule 2 to that Act (preserved powers of arrest) in the entry relating to the Children and Young Persons Act 1969 for the words “Sections 28(2) and\" there shall be substituted “\n                Section\"\n         ” . *The Surrogacy Arrangements Act 1985 (c. 49)*\n\n56) In section 1(2)(b) of the Surrogacy Arrangements Act 1985 (meaning of “surrogate mother\", etc.) for the words “the parental rights being exercised\" there shall be substituted “\n                parental responsibility being met\"\n         ” . *The Child Abduction and Custody Act 1985 (c. 60)*\n\n57) \n1) In section 9(a) and 20(2)(a) of the Child Abduction and Custody Act 1985 (orders with respect to which court’s powers suspended), for the words “any other order under section 1(2) of the Children and Young Persons Act 1969\" there shall be substituted “\n                    a supervision order under section 31 of the Children Act 1989\"\n           ” . \n2) At the end of section 27 of that Act (interpretation), there shall be added— \n4) In this Act a decision relating to rights of access in England and Wales means a decision as to the contact which a child may, or may not, have with any person. \n3) In Part I of Schedule 3 to that Act (orders in England and Wales which are custody orders for the purposes of the Act), for paragraph 1 there shall be substituted— \n1) The following are the orders referred to in section 27(1) of this Act— \n\ta) a care order under the Children Act 1989 (as defined by section 31(11) of that Act, read with section 105(1) and Schedule 14); \n\tb) a residence order (as defined by section 8 of the Act of 1989); and \n\tc) any order made by a court in England and Wales under any of the following enactments— \n\t\ti) section 9(1), 10(1)(a) or 11(a) of the Guardianship of Minors Act 1971; \n\t\tii) section 42(1) or (2) or 43(1) of the Matrimonial Causes Act 1973; \n\t\tiii) section 2(2)(b), 4(b) or (5) of the Guardianship Act 1973 as applied by section 34(5) of the Children Act 1975; \n\t\tiv) section 8(2)(a), 10(1) or 19(1)(ii) of the Domestic Proceedings and Magistrates Courts Act 1978; \n\t\tv) section 26(1)(b) of the Adoption Act 1976. *The Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)*\n\n58) In section 1(3) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (circumstances in which regulations may provide for the appointment of authorised representatives of disabled persons)— \n\ta) in paragraph (a), for the words “parent or guardian of a disabled person under the age of sixteen\" there shall be substituted— \n\t\t\ti) the parent of a disabled person under the age of sixteen, or \n\t\t\tii) any other person who is not a parent of his but who has parental responsibility for him ; and \n\tb) in paragraph (b), for the words “in the care of\" there shall be substituted “\n                    looked after by\"\n           ” . \n59) \n1) Section 2 of that Act (circumstances in which authorised representative has right to visit etc. disabled person) shall be amended as follows. \n2) In subsection (3)(a) for the words from second “the\" to “by\" there shall be substituted “\n                    for the words “if so requested by the disabled person\" there shall be substituted “if so requested by any person mentioned in section 1(3)(a)(i) or (ii)\">.\"\n           ” \n3) In subsection (5) after paragraph (b) there shall be inserted— \n\tbb) in accommodation provided by or on behalf of a local authority under Part III of the Children Act 1989, or . \n4) After paragraph (c) of subsection (5) there shall be inserted— \n\tcc) in accommodation provided by a voluntary organisation in accordance with arrangements made by a local authority under section 17 of the Children Act 1989, or . \n60) In section 5(7)(b) of that Act (disabled persons leaving special education) for the word “guardian\" there shall be substituted “\n                other person who is not a parent of his but who has parental responsibility for him\"\n         ” . \n61) \n1) In section 16 of that Act (interpretation) in the definition of “disabled person\", in paragraph (a) for the words from “means\" to “applies\" there shall be substituted means— \n\t\ti) in the case of a person aged eighteen or over, a person to whom section 29 of the 1948 Act applies, and \n\t\tii) in the case of a person under the age of eighteen, a person who is disabled within the meaning of Part III of the Children Act 1989 . \n2) After the definition of “parent\" in that section there shall be inserted— “parental responsibility” has the same meaning as in the Children Act 1989. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Family Law Act 1986 (c. 55)*\n\n62) \n1) The Family Law Act 1986 shall be amended as follows. \n2) Subject to paragraphs 63 to 71, in Part I— \n\ta) for the words “custody order\", in each place where they occur, there shall be substituted “\n                        Part I order\"\n             ” ; \n\tb) for the words “proceedings with respect to the custody of\", in each place where they occur, there shall be substituted “\n                        Part I proceedings with respect to\"\n             ” ; and \n\tc) for the words “matters relating to the custody of\", in each place where they occur, there shall be substituted “\n                        Part I matters relating to\"\n             ” . \n3) For section 42(7) (general interpretation of Part I) there shall be substituted— \n7) In this Part— \n\ta) references to Part I proceedings in respect of a child are references to any proceedings for a Part I order or an order corresponding to a Part I order and include, in relation to proceedings outside the United Kingdom, references to proceedings before a tribunal or other authority having power under the law having effect there to determine Part I matters; and \n\tb) references to Part I matters are references to matters that might be determined by a Part I order or an order corresponding to a Part I order. \n63) \n1) In section 1 (orders to which Part I of the Act of 1986 applies), in subsection (1)— \n\ta) for paragraph (a) there shall be substituted— \n\t\ta) a section 8 order made by a court in England and Wales under the Children Act 1989, other than an order varying or discharging such an order ; and \n\tb) for paragraph (d) there shall be substituted the following paragraphs— \n\t\td) an order made by a court in England and Wales in the exercise of the inherent jurisdiction of the High Court with respect to children— \n\t\t\ti) so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but \n\t\t\tii) excluding an order varying or revoking such an order; \n\t\te) an order made by the High Court in Northern Ireland in the exercise of its jurisdiction relating to wardship— \n\t\t\ti) so far as it gives care and control of a child to any person or provides for the education of or access to a child; but \n\t\t\tii) excluding an order relating to a child of whom care or care and control is (immediately after the making of the order) vested in the Department of Health and Social Services or a Health and Social Services Board. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) For subsections (3) to (5) of that section there shall be substituted— \n3) In this Part, “Part I order”— \n\ta) includes any order which would have been a custody order by virtue of this section in any form in which it was in force at any time before its amendment by the Children Act 1989; and \n\tb) (subject to sections 32 and 40 of this Act) excludes any order which would have been excluded from being a custody order by virtue of this section in any such form. \n64) For section 2 there shall be substituted the following sections— \n\nSection 2) **Jurisdiction: general.**\n\n1) A court in England and Wales shall not have jurisdiction to make a section 1(1)(a) order with respect to a child in or in connection with matrimonial proceedings in England and Wales unless the condition in section 2A of this Act is satisfied. \n2) A court in England and Wales shall not have jurisdiction to make a section 1(1)(a) order in a non-matrimonial case (that is to say, where the condition in section 2A of this Act is not satisfied) unless the condition in section 3 of this Act is satisfied. \n3) A court in England and Wales shall not have jurisdiction to make a section 1(1)(d) order unless— \n\ta) the condition in section 3 of this Act is satisfied, or \n\tb) the child concerned is present in England and Wales on the relevant date and the court considers that the immediate exercise of its powers is necessary for his protection. \n\nSection 2A) **Jurisdiction in or in connection with matrimonial proceedings.**\n\n1) The condition referred to in section 2(1) of this Act is that the matrimonial proceedings are proceedings in respect of the marriage of the parents of the child concerned and— \n\ta) the proceedings— \n\t\ti) are proceedings for divorce or nullity of marriage, and \n\t\tii) are continuing; \n\tb) the proceedings— \n\t\ti) are proceedings for judicial separation, \n\t\tii) are continuing, and the jurisdiction of the court is not excluded by subsection (2) below; or \n\tc) the proceedings have been dismissed after the beginning of the trial but— \n\t\ti) the section 1(1)(a) order is being made forthwith, or \n\t\tii) the application for the order was made on or before the dismissal. \n2) For the purposes of subsection (1)(b) above, the jurisdiction of the court is excluded if, after the grant of a decree of judicial separation, on the relevant date, proceedings for divorce or nullity in respect of the marriage are continuing in Scotland or Northern Ireland. \n3) Subsection (2) above shall not apply if the court in which the other proceedings there referred to are continuing has made— \n\ta) an order under section 13(6) or 21(5) of this Act (not being an order made by virtue of section 13(6)(a)(i)), or \n\tb) an order under section 14(2) or 22(2) of this Act which is recorded as being made for the purpose of enabling Part I proceedings to be taken in England and Wales with respect to the child concerned. \n4) Where a court— \n\ta) has jurisdiction to make a section 1(1)(a) order in or in connection with matrimonial proceedings, but \n\tb) considers that it would be more appropriate for Part I matters relating to the child to be determined outside England and Wales, the court may by order direct that, while the order under this subsection is in force, no section 1(1)(a) order shall be made by any court in or in connection with those proceedings. \n65) \n1) In section 3 (habitual residence or presence of child concerned) in subsection (1) for “section 2\" there shall be substituted “section 2(2)\". \n2) In subsection (2) of that section for the words “proceedings for divorce, nullity or judicial separation\" there shall be substituted “matrimonial proceedings\". \n66) \n1) In section 6 (duration and variation of Part I orders), for subsection (3) there shall be substituted the following subsections— \n3) A court in England and Wales shall not have jurisdiction to vary a Part I order if, on the relevant date, matrimonial proceedings are continuing in Scotland or Northern Ireland in respect of the marriage of the parents of the child concerned. \n3A) Subsection (3) above shall not apply if— \n\ta) the Part I order was made in or in connection with proceedings for divorce or nullity in England and Wales in respect of the marriage of the parents of the child concerned; and \n\tb) those proceedings are continuing. \n3B) Subsection (3) above shall not apply if— \n\ta) the Part I order was made in or in connection with proceedings for judicial separation in England and Wales; \n\tb) those proceedings are continuing; and \n\tc) the decree of judicial separation has not yet been granted. \n2) In subsection (5) of that section for the words from “variation of\" to “if the ward\" there shall be substituted “\n                    variation of a section 1(1)(d) order if the child concerned\"\n           ” . \n3) For subsections (6) and (7) of that section there shall be substituted the following subsections— \n6) Subsection (7) below applies where a Part I order which is— \n\ta) a residence order (within the meaning of the Children Act 1989) in favour of a person with respect to a child, \n\tb) an order made in the exercise of the High Court’s inherent jurisdiction with respect to children by virtue of which a person has care of a child, or \n\tc) an order— \n\t\ti) of a kind mentioned in section 1(3)(a) of this Act, \n\t\tii) under which a person is entitled to the actual possession of a child, ceases to have effect in relation to that person by virtue of subsection (1) above. \n7) Where this subsection applies, any family assistance order made under section 16 of the Children Act 1989 with respect to the child shall also cease to have effect. \n8) For the purposes of subsection (7) above the reference to a family assistance order under section 16 of the Children Act 1989 shall be deemed to include a reference to an order for the supervision of a child made under— \n\ta) section 7(4) of the Family Law Reform Act 1969, \n\tb) section 44 of the Matrimonial Causes Act 1973, \n\tc) section 2(2)(a) of the Guardianship Act 1973, \n\td) section 34(5) or 36(3)(b) of the Children Act 1975, or \n\te) section 9 of the Domestic Proceedings and Magistrates’ Courts Act 1978; but this subsection shall cease to have effect once all such orders for the supervision of children have ceased to have effect in accordance with Schedule 14 to the Children Act 1989. \n67) For section 7 (interpretation of Chapter II) there shall be substituted— \n\nSection 7) **Interpretation of Chapter II.**\nIn this Chapter— \n\ta) “child” means a person who has not attained the age of eighteen; \n\tb) “matrimonial proceedings” means proceedings for divorce, nullity of marriage or judicial separation; \n\tc) “the relevant date” means, in relation to the making or variation of an order— \n\t\ti) where an application is made for an order to be made or varied, the date of the application (or first application, if two or more are determined together), and \n\t\tii) where no such application is made, the date on which the court is considering whether to make or, as the case may be, vary the order; and \n\td) “section 1(1)(a) order” and “section 1(1)(d) order” mean orders falling within section 1(1)(a) and (d) of this Act respectively. \n68) In each of the following sections— \n\ta) section 11(2)(a) (provisions supplementary to sections 9 and 10), \n\tb) section 13(5)(a) (jurisdiction ancillary to matrimonial proceedings), \n\tc) section 20(3)(a) (habitual residence or presence of child), \n\td) section 21(4)(a) (jurisdiction in divorce proceedings, etc.), and \n\te) section 23(4)(a) (duration and variation of custody orders), for “4(5)\" there shall be substituted “\n                2A(4)\"\n         ” . \n69) In each of the following sections— \n\ta) section 19(2) (jurisdiction in cases other than divorce, etc.), \n\tb) section 20(6) (habitual residence or presence of child), and \n\tc) section 23(5) (duration and variation of custody orders), for “section 1(1)(d)\" there shall be substituted “\n                section 1(1)(e)\"\n         ” . \n70) In section 34(3) (power to order recovery of child) for paragraph (a) there shall be substituted— \n\ta) section 14 of the Children Act 1989 . \n71) \n1) In section 42 (general interpretation of Part I), in subsection (4)(a) for the words “has been boarded out with those parties\" there shall be substituted “\n                    is placed with those parties as foster parents\"\n           ” . \n2) In subsection (6) of that section, in paragraph (a) after the word “person\" there shall be inserted “\n                    to be allowed contact with or\"\n           ” . *The Local Government Act 1988 (c. 9)*\n\n72) In Schedule 1 to the Local Government Act 1988 (competition) at the end of paragraph 2(4) (cleaning of buildings: buildings to which competition provisions do not apply) for paragraph (c) there shall be substituted— \n\tc) section 53 of the Children Act 1989. *Amendments of local Acts*\n\n73) \n1) Section 16 of the  Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) In paragraph (i), for the words “section 8 of the Foster Children Act 1980\" there shall be substituted “\n                    section 67 of the Children Act 1989\"\n           ” . \n74) \n1) Section 10(2) of the  Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In paragraph (e), for the words “section 8 of the Foster Children Act 1980\" there shall be substituted “\n                    section 67 of the Children Act 1989\"\n           ” . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/13",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/13",
    "legislation_id": "ukpga/1989/41",
    "title": "Consequential Amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.733055Z",
    "text": "Section 108) **Short title, commencement extent etc.**\n\n1) This Act may be cited as the Children Act 1989. \n2) Sections 89 and 96(3) to (7), and paragraph 35 of Schedule 12, shall come into force on the passing of this Act and paragraph 36 of Schedule 12 shall come into force at the end of the period of two months beginning with the day on which this Act is passed but otherwise this Act shall come into force on such date as may be appointed by order made by the Lord Chancellor or the Secretary of State, or by both acting jointly. \n3) Different dates may be appointed for different provisions of this Act and in relation to different cases. \n4) The minor amendments set out in Schedule 12 shall have effect. \n5) The consequential amendments set out in Schedule 13 shall have effect. \n6) The transitional provisions and savings set out in Schedule 14 shall have effect. \n7) The repeals set out in Schedule 15 shall have effect. \n8) An order under subsection (2) may make such transitional provisions or savings as appear to the person making the order to be necessary or expedient in connection with the provisions brought into force by the order, including— \n\ta) provisions adding to or modifying the provisions of Schedule 14, and \n\tb) such adaptations— \n\t\ti) of the provisions brought into force by the order; and \n\t\tii) of any provisions of this Act then in force, as appear to him necessary or expedient in consequence of the partial operation of this Act. \n9) The Lord Chancellor may by order make such amendments or repeals, in such enactments as may be specified in the order, as appear to him to be necessary or expedient in consequence of any provision of this Act. \n10) This Act shall, in its application to the Isles of Scilly, have effect subject to such exceptions, adaptations and modifications as the Secretary of State may by order prescribe. \n11) The following provisions of this Act extend to Scotland— \n\t- section 19;\n\t- section 25(8);\n\t- section 50(13);\n\t- Part X;\n\t- section 80(1)(h) and (i), (2) to (4), (5)(a), (b) and (h) and (6) to (12);\n\t- section 88;\n\t- section 104 (so far as necessary);\n\t- section 105 (so far as necessary);\n\t- subsections (1) to (3), (8) and (9) and this subsection;\n\t- in Schedule 2, paragraph 24;\n\t- in Schedule 12, paragraphs 1, 7 to 10, 18, 27, 30(a) and 41 to 44;\n\t- in Schedule 13, paragraphs 18 to 23, 32, 46, 47, 50, 57, 62, 63, 68(a) and (b) and 71;\n\t- in Schedule 14, paragraphs 1, 33 and 34;\n\t- in Schedule 15, the entries relating to—\n\ta) the  Custody of Children Act 1891; \n\tb) the  Nurseries and Child Minders Regulation Act 1948; \n\tc) section 53(3) of the  Children and Young Persons Act 1963; \n\td) section 60 of the  Health Services and Public Health Act 1968; \n\te) the  Social Work (Scotland) Act 1968; \n\tf) the  Adoption (Scotland) Act 1978; \n\tg) the  Child Care Act 1980; \n\th) the  Foster Children (Scotland) Act 1984; \n\t\ti) the  Child Abduction and Custody Act 1985; and \n\tj) the  Family Law Act 1986. \n12) The following provisions of this Act extend to Northern Ireland— \n\t- section 50;\n\t- section 101(1)(b), (2) and (5)(a)(i);\n\t- subsections (1) to (3), (8) and (9) and this subsection;\n\t- in Schedule 2, paragraph 24;\n\t- in Schedule 12, paragraphs 7 to 10, 18 and 27;\n\t- in Schedule 13, paragraphs 21, 22, 46, 47, 57, 62, 63, 68(c) to (e) and 69 to 71;\n\t- in Schedule 14, paragraphs  . . ., 28 to 30 and 38(a); and\n\t- in Schedule 15, the entries relating to the  Guardianship of Minors Act 1971, the  Children Act 1975, the Child Care Act 1980, and the Family Law Act 1986.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/108",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/108",
    "legislation_id": "ukpga/1989/41",
    "title": "Short title, commencement extent etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 108,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:06.126621Z",
    "text": "SCHEDULE 15 Repeals Section 108(7). 1891 c. 3.The Custody of Children Act 1891.The whole Act.1933 c. 12.The Children and Young Persons Act 1933.In section 14(2), the words from “may also\" to “together, and\".In section 34(8), “(a)\" and the words from “and (b)\" to the end.Section 40.In section 107(1), the definitions of “care order\" and “interim order\".1944 c. 31.The Education Act 1944.In section 40(1), the words from “or to imprisonment\" to the end.In section 114(1), the definition of parent.1948 c. 53.The Nurseries and Child-Minders Regulation Act 1948.The whole Act.1949 c. 76.The Marriage Act 1949.In section 3(1), the words “unless the child is subject to a custodianship order, when the consent of the custodian and, where the custodian is the husband or wife of a parent of the child of that parent shall be required\".Section 78(1A).Schedule 2.1956 c. 69.The Sexual Offences Act 1956.Section 38.1959 c. 72.The Mental Health Act 1959.Section 9.1963 c. 37.The Children and Young Persons Act 1963.Section 3.Section 23.In section 29(1), the words “under section 1 of the Children and Young Persons Act 1969 or\".Section 53(3).In Schedule 3, paragraph 11.1964 c. 42.The Administration of Justice Act 1964.In section 38, the definition of “domestic court\".1968 c. 46.The Health Services and Public Health Act 1968.Section 60.In section 64(3)(a), sub-paragraphs (vi), (vii), (ix) and (xv).In section 65(3)(b), paragraphs (vii), (viii) and (x).1968 c. 49.The Social Work (Scotland) Act 1968.Section 1(4)(a).Section 5(2)(d).In section 86(3), the words “the Child Care Act 1980 or\".In Schedule 8, paragraph 20.1969 c. 46.The Family Law Reform Act 1969.Section 7.1969 c. 54.The Children and Young Persons Act 1969.Sections 1 to 3.In section 7, in subsection (7) the words “to subsection (7A) of this section and\", paragraph (a) and the words from “and subsection (13) of section 2 of this Act\" to the end; and subsection (7A).Section 7A.In section 8(3), the words from “and as if the reference to acquittal\" to the end.In section 9(1), the words “proceedings under section 1 of this Act or\".Section 11A.Section 14A.In section 15, in subsection (1) the words “and may on discharging the supervision order make a care order (other than an interim order) in respect of the supervised person\"; in subsection (2) the words “and the supervision order was not made by virtue of section 1 of this Act or on the occasion of the discharge of a care order\"; in subsection (2A), the words “or made by a court on discharging a care order made under that subsection\"; and in subsection (4), the words “or made by a court on discharging a care order made under that section\".In section 16, in subsection (6)(a), the words “a care order or\"; and in subsection (8) the words “or, in a case where a parent or guardian of his was a party to the proceedings on an application under the preceding section by virtue of an order under section 32A of this Act, the parent or guardian\".In section 17, paragraphs (b) and (c).Sections 20 to 22.Section 27(4).Section 28.Sections 32A to 32C.In section 34(2) the words “under section 1 of this Act or\", the words “2(3) or\" and the words “and accordingly in the case of such a person the reference in section 1(1) of this Act to the said section 2(3) shall be construed as including a reference to this subsection\".In section 70, in subsection (1), the definitions of “care order\" and “interim order\"; and in subsection (2) the words “21(2), 22(4) or (6) or 28(5)\" and the words “care order or warrant\".In Schedule 5, paragraphs 12(1), 37, 47 and 48.1970 c. 34.The Marriage (Registrar General’s Licence) Act 1970.In section 3(b), the words from “as amended\" to “1969\".1970 c. 42.The Local Authority Social Services Act 1970.In Schedule 1, in the entry relating to the Children and Young Persons Act 1969, the words “welfare, etc. of foster children\"; the entries relating to the Matrimonial Causes Act 1973, section 44, the Domestic Proceedings and Magistrates’ Courts Act 1978, section 9, the Child Care Act 1980 and the Foster Children Act 1980.1971 c. 3.The Guardianship of Minors Act 1971.The whole Act.1971 c. 23.The Courts Act 1971.In Schedule 8, paragraph 59(1).1972 c. 18.The Maintenance Orders (Reciprocal Enforcement) Act 1972.Section 41.1972 c. 70.The Local Government Act 1972.In Schedule 23, paragraphs 4 and 9(3).1972 c. 71.The Criminal Justice Act 1972.Section 51(1).1973 c. 18.The Matrimonial Causes Act 1973.Sections 42 to 44.In section 52(1), the definition of “custody\".In Schedule 2, paragraph 11.1973 c. 29.The Guardianship Act 1973.The whole Act.1973 c. 45.The Domicile and Matrimonial Proceedings Act 1973.In Schedule 1, in paragraph 11(1) the definitions of “custody\" and “education\" and in paragraph 11(3) the word “four\".1973 c. 62.The Powers of Criminal Courts Act 1973.In section 13(1), the words “and the purposes of section 1(2)(bb) of the Children and Young Persons Act 1969\".In Schedule 3, in paragraph 3(2A), the word “and\" immediately preceding paragraph (b).1974 c. 53.The Rehabilitation of Offenders Act 1974.In section 1(4)(b) the words “or in care proceedings under section 1 of the Children and Young Persons Act 1969\".In section 5, in subsection 5(e), the words “a care order or\"; and in subsection (10) the words “care order or\".1975 c. 72.The Children Act 1975.The whole Act.1976 c. 36.The Adoption Act 1976.Section 11(5).Section 14(3).In section 15, in subsection (1), the words from “subject\" to “cases)\" and subsection (4).Section 26.In section 28(5), the words “or the organisation\".Section 34.Section 36(1)(c).Section 37(1), (3) and (4).Section 55(4).In section 57, in subsection (2), the words from “and the court\" to the end and subsections (4) to (10).In section 72(1), the definition of “place of safety\", in the definition of “local authority\" the words from “and\" to the end and, in the definition of “specified order\", the words “Northern Ireland or\".In Schedule 3, paragraphs 8, 11, 19, 21, and 22.1977 c. 45.The Criminal Law Act 1977.Section 58(3).1977 c. 49.The National Health Service Act 1977.In section 21, in subsection (1)(a) the words “and young children\".In Schedule 8, in paragraph 1(1), the words from “and of children\" to the end; in paragraph 2(2) the words from “or (b) to persons who\" to “arrangements\"; and in paragraph 3(1) “(a)\" and the words from “or (b) a child\" to “school age\".In Schedule 15, paragraphs 10 and 25.1978 c. 22.The Domestic Proceedings and Magistrates’ Courts Act 1978.Sections 9 to 15.In section 19, in subsection (1) the words “following powers, that is to say\" and sub-paragraph (ii), subsections (2) and (4), in subsection (7) the words “and one interim custody order\" and in subsection (9) the words “or 21\".In section 20, subsection (4) and in subsection (9) the words “subject to the provisions of section 11(8) of this Act\".Section 21.In section 24, the words “or 21\" in both places where they occur.In section 25, in subsection (1) paragraph (b) and the word “or\" immediately preceding it and in subsection (2) paragraphs (c) and (d).Section 29(4).Sections 33 and 34.Sections 36 to 53.Sections 64 to 72.Sections 73(1) and 74(1) and (3).In section 88(1), the definition of “actual custody\".In Schedule 2, paragraphs 22, 23, 27, 29, 31, 36, 41 to 43, 46 to 50.1978 c. 28.The Adoption (Scotland) Act 1978.In section 20(3)(c), the words “section 12(3)(b) of the Adoption Act 1976 or of\".In section 45(5), the word “approved\".Section 49(4).In section 65(1), in the definition of “local authority\", the words from “and\" to the end and, in the definition of “specified order\", the words “Northern Ireland or\".1978 c. 30.The Interpretation Act 1978.In Schedule 1, the entry with respect to the construction of certain expressions relating to children.1980 c. 5.The Child Care Act 1980.The whole Act.1980 c. 6.The Foster Children Act 1980.The whole Act.1980 c. 43.The Magistrates’ Courts Act 1980.In section 65(1), paragraphs (e) and (g) and the paragraph (m) inserted in section 65 by paragraph 82 of Schedule 2 to the Family Law Reform Act 1987.In section 81(8), in the definition of “guardian\" the words “by deed or will\" and in the definition of “sums adjudged to be paid by a conviction\" the words from “as applied\" to the end.In section 143(2), paragraph (i).In Schedule 7, paragraphs 78, 83, 91, 92, 110, 116, 117, 138, 157, 158, 165, 166 and 199 to 201.1981 c. 60.The Education Act 1981.In Schedule 3, paragraph 9.1982 c. 20.The Children’s Homes Act 1982.The whole Act.1982 c. 48.The Criminal Justice Act 1982.Sections 22 to 25.Section 27.In Schedule 14, paragraphs 45 and 46.1983 c. 20.The Mental Health Act 1983.In section 26(5), paragraph (d) and the word “or\" immediately preceding it.In section 28(1), the words “(including an order under section 38 of the Sexual Offences Act 1956)\".In Schedule 4, paragraphs 12, 26(a), (b) and (c), 35, 44, 50 and 51.1983 c. 41.The Health and Social Services and Social Security Adjudications Act 1983.Section 4(1).Sections 5 and 6.In section 11, in subsection (2) the words “the Child Care Act 1980 and the Children’s Homes Act 1982\".In section 19, subsections (1) to (5).Schedule 1.In Schedule 2, paragraphs 3, 9 to 14, 20 to 24, 27, 28, 34, 37 and 46 to 62.In Schedule 4, paragraphs 38 to 48.In Schedule 9, paragraphs 5, 16 and 17.1984 c. 23.The Registered Homes Act 1984.In Schedule 1, in paragraph 5, sub-paragraph (a) and paragraphs 6, 7 and 8.1984 c. 28.The County Courts Act 1984.In Schedule 2, paragraph 56.1984 c. 37.The Child Abduction Act 1984.In section 3, the word “and\" immediately preceding paragraph (c).In the Schedule, in paragraph 1(2) the words “or voluntary organisation\" and paragraph 3(1)(e).1984 c. 42.The Matrimonial and Family Proceedings Act 1984.In Schedule 1, paragraphs 19 and 23.1984 c. 56.The Foster Children (Scotland) Act 1984.In section 1, the words “for a period of more than 6 days\" and the words from “The period\" to the end.In section 7(1), the word “or\" at the end of paragraph (e).In Schedule 2, paragraphs 1 to 3 and 8.1984 c. 60.The Police and Criminal Evidence Act 1984.In section 37(15), the words “and is not excluded from this Part of this Act by section 52 below\".Section 39(5).Section 52.In section 118(1), in the definition of parent or guardian, paragraph (b) and the word “and\" immediately preceding it.In Schedule 2, the entry relating to section 16 of the Child Care Act 1980.In Schedule 6, paragraphs 19(a) and 22.1985 c. 23.The Prosecution of Offences Act 1985.Section 27.1985 c. 60.The Child Abduction and Custody Act 1985.Section 9(c).Section 20(2)(b) and (c).Section 25(3) and (5).In Schedule 3, paragraph 1(2).1986 c. 28.The Children and Young Persons (Amendment) Act 1986.The whole Act.1986 c. 33.The Disabled Persons (Services, Consultation and Representation) Act 1986.In section 16, in the definition of “guardian\", paragraph (a).1986 c. 45.The Insolvency Act 1986.In section 281(5)(b), the words “in domestic proceedings\".1986 c. 50.The Social Security Act 1986.In Schedule 10, paragraph 51.1986 c. 55.The Family Law Act 1986.In section 1(2), in paragraph (a) the words “(a) or\" and paragraph (b).Section 3(4) to (6).Section 4.Section 35(1).In section 42(6), in paragraph (b) the words “section 42(6) of the Matrimonial Causes Act 1973 or\", in paragraph (c) the words “section 42(7) of that Act or\" and in paragraph (d) the words “section 19(6) of the Domestic Proceedings and Magistrates’ Courts Act 1978 or\".In Schedule 1, paragraphs 10, 11, 13, 16, 17, 20 and 23.1987 c. 42.The Family Law Reform Act 1987.Section 3.Sections 4 to 7.Sections 9 to 16.In Schedule 2, paragraphs 11, 14, 51, 67, 68, 94 and 95.In Schedule 3, paragraphs 11 and 12.1988 c. 34.The Legal Aid Act 1988.Section 3(4)(c).Section 27.Section 28.In section 30, subsections (1) and (2).In Part I of Schedule 2, paragraph 2(a) and (e). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/15",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/15",
    "legislation_id": "ukpga/1989/41",
    "title": "Repeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.943781Z",
    "text": "Section 8) **Child arrangements orders and other orders with respect to children.**\n\n1) In this Act — \n\t- \"child arrangements order \" means an order regulating arrangements relating to any of the following— with whom a child is to live, spend time or otherwise have contact, andwhen a child is to live, spend time or otherwise have contact with any person;\n\t- ...\n\t- “a prohibited steps order” means an order that no step which could be taken by a parent in meeting his parental responsibility for a child, and which is of a kind specified in the order, shall be taken by any person without the consent of the court;\n\t- ...\n\t- “a specific issue order” means an order giving directions for the purpose of determining a specific question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child.\n2) In this Act “a section 8 order” means any of the orders mentioned in subsection (1) and any order varying or discharging such an order. \n3) For the purposes of this Act “family proceedings” means any proceedings— \n\ta) under the inherent jurisdiction of the High Court in relation to children; and \n\tb) under the enactments mentioned in subsection (4), but does not include proceedings on an application for leave under section 100(3). \n4) The enactments are— \n\ta) Parts I, II and IV of this Act; \n\tb) the  Matrimonial Causes Act 1973; \n\tba) Schedule 5 to the Civil Partnership Act 2004; \n\tc) the  Domestic Violence and Matrimonial Proceedings Act 1976; \n\td) the Adoption and Children Act 2002; \n\te) the  Domestic Proceedings and Magistrates’ Courts Act 1978; \n\tea) Schedule 6 to the Civil Partnership Act 2004; \n\tf) sections 1 and 9 of the  Matrimonial Homes Act 1983; \n\tg) Part III of the  Matrimonial and Family Proceedings Act 1984; \n\th) the Family Law Act 1996 ; \n\ti) sections 11 and 12 of the Crime and Disorder Act 1998 ; \n\tj) Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003 (other than paragraph 3 of that Schedule). \n\tk) Part 3 of the Domestic Abuse Act 2021, where the proceedings are in the family court or the Family Division of the High Court. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/8",
    "legislation_id": "ukpga/1989/41",
    "title": "Child arrangements orders and other orders with respect to children.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.072570Z",
    "text": "Section 15) **Orders for financial relief with respect to children.**\n\n1) Schedule 1 (which consists primarily of the re-enactment, with consequential amendments and minor modifications, of provisions of section 6 of Family Law Reform Act 1969 the Guardianship of Minors Acts 1971 and 1973, the  Children Act 1975 and of sections 15 and 16 of the  Family Law Reform Act 1987) makes provision in relation to financial relief for children. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/15",
    "legislation_id": "ukpga/1989/41",
    "title": "Orders for financial relief with respect to children.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.712255Z",
    "text": "Section 105) **Interpretation.**\n\n1) In this Act— \n\t- “activity condition” has the meaning given by section 11C;\n\t- “activity direction” has the meaning given by section 11A;\n\t- “adoption agency” means a body which may be referred to as an adoption agency by virtue of section 2 of the Adoption and Children Act 2002 ;\n\t- ...\n\t- “bank holiday” means a day which is a bank holiday under the  Banking and Financial Dealings Act 1971;\n\t- “care home”— has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; andmeans a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;”\n\t- “care order” has the meaning given by section 31(11) and also includes any order which by or under any enactment has the effect of, or is deemed to be, a care order for the purposes of this Act; and any reference to a child who is in the care of an authority is a reference to a child who is in their care by virtue of a care order;\n\t- “child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;\n\t- “child arrangements order” has the meaning given by section 8(1);\n\t- “child assessment order” has the meaning given by section 43(2);\n\t- “child minder” has the meaning given by section 71;\n\t- “child of the family”, in relation to parties to a marriage, or to two people who are civil partners of each other, means— a child of both of them, andany other child, other than a child placed with them as foster parents by a local authority or voluntary organisation, who has been treated by both of them as a child of their family;\n\t- “children’s home”— has the same meaning as it has for the purposes of the Care Standards Act 2000 in respect of a children’s home in England (see section 1 of that Act); and means a place in Wales at which—a care home service is provided wholly or mainly to children, ora secure accommodation service is provided,\n\t- and in this paragraph “care home service” and “secure accommodation service” have the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);\n\t- ...\n\t- “community home” has the meaning given by section 53;\n\t- ...\n\t- ...\n\t- ...\n\t- “day care”  ...\n\n  has the same meaning as in section 18;\n\t- “disabled”, in relation to a child, has the same meaning as in section 17(11);\n\t- ...\n\t- “domestic premises” has the meaning given by section 71(12);\n\t- “dwelling-house” includes— any building or part of a building which is occupied as a dwelling;any caravan, house-boat or structure which is occupied as a dwelling; and any yard, garden, garage or outhouse belonging to it and occupied with it;\n\t- “education functions” has the meaning given by section 579(1) of the Education Act 1996;\n\t- “education supervision order” has the meaning given in section 36;\n\t- “emergency protection order” means an order under section 44;\n\t- “enforcement order” has the meaning given by section 11J;\n\t- “family assistance order” has the meaning given in section 16(2);\n\t- “family proceedings” has the meaning given by section 8(3);\n\t- “functions” includes powers and duties;\n\t- “guardian of a child” means a guardian (other than a guardian of the estate of a child) appointed in accordance with the provisions of section 5;\n\t- “harm” has the same meaning as in section 31(9) and the question of whether harm is significant shall be determined in accordance with section 31(10);\n\t- ...\n\t- “health service hospital” means a health service hospital within the meaning given by the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ;\n\t- “hospital”  ...\n\n  has the same meaning as in the  Mental Health Act 1983, except that it does not include a special hospital within the meaning of that Act;\n\t- “ill-treatment” has the same meaning as in section 31(9);\n\t- “income-based jobseeker’s allowance” has the same meaning as in the Jobseekers Act 1995;\n\t- “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);\n\t- “independent hospital” in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; andin relation to Wales, has the same meaning as in the Care Standards Act 2000;\n\t- “independent school” has the same meaning as in the Education Act 1996 ;\n\t- “integrated care board” means a body established under section 14Z25 of the National Health Service Act 2006;\n\t- “local authority” means, in relation to England  ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the  Social Work (Scotland) Act 1968;\n\t- “local authority foster parent” has the meaning given in section 22C(12);\n\t- “local authority foster parent” means a person authorised as such in accordance with regulations made by virtue of— paragraph 12F of Schedule 2; orsections 87 and 93 of the Social Services and Well-being (Wales) Act 2014 (regulations providing for approval of local authority foster parents);\n\t- ...\n\t- “Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;\n\t- “local housing authority” has the same meaning as in the  Housing Act 1985;\n\t- “mental nursing home” has the same meaning as in the  Registered Homes Act 1984;\n\t- “nursing home” has the same meaning as in the Act of 1984;\n\t- “officer of the Service” has the same meaning as in the Criminal Justice and Court Services Act 2000;\n\t- “parental responsibility” has the meaning given in section 3;\n\t- “parental responsibility agreement” has the meaning given in sections 4(1) , 4ZA(4) and 4A(2) ;\n\t- “prescribed” means prescribed by regulations made under this Act;\n\t- “private children’s home” means a children’s home in respect of which a person is registered under Part II of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is not a community home or a voluntary home;\n\t- ...\n\t- “privately fostered child” and “to foster a child privately” have the same meaning as in section 66;\n\t- “prohibited steps order” has the meaning given by section 8(1);\n\t- ...\n\t- “registered children’s home” has the same meaning as in section 63;\n\t- “registered pupil” has the same meaning as in the Education Act 1996 ;\n\t- “relative”, in relation to a child, means a grandparent, brother, sister, uncle or aunt (whether of the full blood or half blood or by marriage or civil partnership) or step-parent;\n\t- ...\n\t- “residential care home” has the same meaning as in the Registered Homes Act 1984 and \n\t\t\t\t\t\t\t\t“small home” has the meaning given by section 1(4A) of that Act ;\n\t- “responsible person”, in relation to a child who is the subject of a supervision order, has the meaning given in paragraph 1 of Schedule 3;\n\t- “school” has the same meaning as in the Education Act 1996 or, in relation to Scotland, in the  Education (Scotland) Act 1980;\n\t- “section 31A plan” has the meaning given by section 31A(6);\n\t- “service”, in relation to any provision made under Part III, includes any facility;\n\t- “signed”, in relation to any person, includes the making by that person of his mark;\n\t- “special educational needs” has the same meaning as in the Education Act 1996 ;\n\t- “special guardian” and “special guardianship order” have the meaning given by section 14A;\n\t- “Special Health Authority” means a Special Health Authority established under section 28 of the National Health Service Act 2006 or section 22 of the National Health Service (Wales) Act 2006, ;\n\t- “specific issue order” has the meaning given by section 8(1);\n\t- ...\n\t- “supervision order” has the meaning given by section 31(11);\n\t- “supervised child” and “supervisor”, in relation to a supervision order or an education supervision order, mean respectively the child who is (or is to be) under supervision and the person under whose supervision he is (or is to be) by virtue of the order;\n\t- “upbringing”, in relation to any child, includes the care of the child but not his maintenance;\n\t- “voluntary home” has the meaning given by section 60;\n\t- “voluntary organisation” means a body (other than a public or local authority) whose activities are not carried on for profit;\n\t- “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004.\n2) References in this Act to a child whose father and mother were, or (as the case may be) were not, married to , or civil partners of, each other at the time of his birth must be read with section 1 of the  Family Law Reform Act 1987 (which extends the meaning of such references). \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) References in this Act to a child who is looked after— \n\ta) in relation to a child who is looked after by a local authority in England, has the meaning given in section 22; and \n\tb) in relation to a child who is looked after by a local authority in Wales, has the meaning given in section 74 of the Social Services and Well-being (Wales) Act 2014 (child or young person looked after by a local authority). \n5) References in this Act to accommodation provided by or on behalf of a local authority are references to accommodation so provided in the exercise of functions of that or any other local authority which are social services functions  .... \n5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5B) References in this Act to acting as a child minder and to a child minder shall be construed, in relation to Scotland, in accordance with section 2(17) of the Regulation of Care (Scotland) Act 2001 (asp 8). \n5B) In subsection (5) “social services functions” means— \n\ta) in England, social services functions within the meaning of the Local Authority Social Services Act 1970, and \n\tb) in Wales, social services functions within the meaning of the Social Services and Well-being (Wales) Act 2014. \n6) In determining the “ordinary residence” of a child for any purpose of this Act, there shall be disregarded any period in which he lives in any place— \n\ta) which is a school or other institution; \n\tb) in accordance with the requirements of a supervision order under this Act  ...; \n\tba) in accordance with the requirements of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code ; or \n\tc) while he is being provided with accommodation by or on behalf of a local authority. \n7) References in this Act to children who are in need shall be construed in accordance with section 17. \n7A) References in this Act to a hospital or accommodation made available or provided pursuant to arrangements made by the Secretary of State under the National Health Service Act 2006 are references to a hospital or accommodation made available or provided pursuant to arrangements so made in the exercise of the public health functions of the Secretary of State (within the meaning of that Act). \n7B) References in this Act to arrangements made by NHS England or an integrated care board under the National Health Service Act 2006 include references to arrangements so made in the exercise of functions of another person by virtue of any provision of that Act. \n8) Any notice or other document required under this Act to be served on any person may be served on him by being delivered personally to him, or being sent by post to him in a registered letter or by the recorded delivery service at his proper address. \n9) Any such notice or other document required to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm. \n10) For the purposes of this section, and of section 7 of the  Interpretation Act 1978 in its application to this section, the proper address of a person— \n\ta) in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body; \n\tb) in the case of a partner of a firm, shall be that of the principal office of the firm; and \n\tc) in any other case, shall be the last known address of the person to be served. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/105",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/105",
    "legislation_id": "ukpga/1989/41",
    "title": "Interpretation.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 105,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.687300Z",
    "text": "Section 97) **Privacy for children involved in certain proceedings.**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) No person shall publish to the public at large or any section of the public any material which is intended, or likely, to identify— \n\ta) any child as being involved in any proceedings before the High Court or the family court in which any power under this Act or the Adoption and Children Act 2002 may be exercised by the court with respect to that or any other child; or \n\tb) an address or school as being that of a child involved in any such proceedings. \n3) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he did not know, and had no reason to suspect, that the published material was intended, or likely, to identify the child. \n4) The court or the Lord Chancellor may, if satisfied that the welfare of the child requires it and, in the case of the Lord Chancellor, if the Lord Chief Justice agrees , by order dispense with the requirements of subsection (2) to such extent as may be specified in the order. \n5) For the purposes of this section— \n\t- “publish” includes— include in a programme service (within the meaning of the Broadcasting Act 1990);cause to be published; and\n\t- “material” includes any picture or representation.\n6) Any person who contravenes this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale. \n6A) It is not a contravention of this section to— \n\ta) enter material in the Adoption and Children Act Register (established under section 125 of the Adoption and Children Act 2002), or \n\tb) permit persons to search and inspect that register pursuant to regulations made under section 128A of that Act. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (4). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/97",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/97",
    "legislation_id": "ukpga/1989/41",
    "title": "Privacy for children involved in certain proceedings.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 97,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.663208Z",
    "text": "Section 90) **Care and supervision orders in criminal proceedings.**\n\n1) The power of a court to make an order under subsection (2) of section 1 of the  Children and Young Persons Act 1969 (care proceedings in youth courts ) where it is of the opinion that the condition mentioned in paragraph (f) of that subsection (“the offence condition”) is satisfied is hereby abolished. \n2) The powers of the court to make care orders— \n\ta) under section 7(7)(a) of the Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); and \n\tb) under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act, are hereby abolished. \n3) The powers given by that Act to include requirements in supervision orders shall have effect subject to amendments made by Schedule 12. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/90",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/90",
    "legislation_id": "ukpga/1989/41",
    "title": "Care and supervision orders in criminal proceedings.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 90,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.460250Z",
    "text": "Section 51) **Refuges for children at risk.**\n\n1) Where it is proposed to use a voluntary home or private children’s home to provide a refuge for children who appear to be at risk of harm, the Secretary of State may issue a certificate under this section with respect to that home. \n2) Where a local authority or voluntary organisation arrange for a foster parent to provide such a refuge, the Secretary of State may issue a certificate under this section with respect to that foster parent. \n3) In subsection (2) “foster parent” means a person who is, or who from time to time is, a local authority foster parent or a foster parent with whom children are placed by a voluntary organisation. \n4) The Secretary of State may by regulations— \n\ta) make provision as to the manner in which certificates may be issued; \n\tb) impose requirements which must be complied with while any certificate is in force; and \n\tc) provide for the withdrawal of certificates in prescribed circumstances. \n5) Where a certificate is in force with respect to a home, none of the provisions mentioned in subsection (7) shall apply in relation to any person providing a refuge for any child in that home. \n6) Where a certificate is in force with respect to a foster parent, none of those provisions shall apply in relation to the provision by him of a refuge for any child in accordance with arrangements made by the local authority or voluntary organisation. \n7) The provisions are— \n\ta) section 49; \n\tb) articles 9, 10 and 11 of the Children’s Hearing (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013, so far as they apply to anything done in England and Wales; \n\tc) section 32(3) of the  Children and Young Persons Act 1969 (compelling, persuading, inciting or assisting any person to be absent from detention, etc.), so far as it applies in relation to anything done in England and Wales; \n\td) section 2 of the  Child Abduction Act 1984. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/51",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/51",
    "legislation_id": "ukpga/1989/41",
    "title": "Refuges for children at risk.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 51,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.910279Z",
    "text": "Section 2) **Parental responsibility for children.**\n\n1) Where a child’s father and mother were married to , or civil partners of, each other at the time of his birth, they shall each have parental responsibility for the child. \n1A) Where a child— \n\ta) has a parent by virtue of section 42 of the Human Fertilisation and Embryology Act 2008; or \n\tb) has a parent by virtue of section 43 of that Act and is a person to whom section 1(3) of the Family Law Reform Act 1987 applies, the child's mother and the other parent shall each have parental responsibility for the child. \n2) Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth— \n\ta) the mother shall have parental responsibility for the child; \n\tb) the father shall have parental responsibility for the child if he has acquired it (and has not ceased to have it) in accordance with the provisions of this Act. \n2A) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies— \n\ta) the mother shall have parental responsibility for the child; \n\tb) the other parent shall have parental responsibility for the child if she has acquired it (and has not ceased to have it) in accordance with the provisions of this Act. \n3) References in this Act to a child whose father and mother were, or (as the case may be) were not, married to , or civil partners of, each other at the time of his birth must be read with section 1 of the  Family Law Reform Act 1987 (which extends their meaning). \n4) The rule of law that a father is the natural guardian of his legitimate child is abolished. \n5) More than one person may have parental responsibility for the same child at the same time. \n6) A person who has parental responsibility for a child at any time shall not cease to have that responsibility solely because some other person subsequently acquires parental responsibility for the child. \n7) Where more than one person has parental responsibility for a child, each of them may act alone and without the other (or others) in meeting that responsibility; but nothing in this Part shall be taken to affect the operation of any enactment which requires the consent of more than one person in a matter affecting the child. \n8) The fact that a person has parental responsibility for a child shall not entitle him to act in any way which would be incompatible with any order made with respect to the child under this Act. \n9) A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf. \n10) The person with whom any such arrangement is made may himself be a person who already has parental responsibility for the child concerned. \n11) The making of any such arrangement shall not affect any liability of the person making it which may arise from any failure to meet any part of his parental responsibility for the child concerned. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/2",
    "legislation_id": "ukpga/1989/41",
    "title": "Parental responsibility for children.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.976686Z",
    "text": "SCHEDULE 11 Jurisdiction Section 92. ## Part I\n## General\n\n*Commencement of proceedings*\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Transfer of proceedings*\n\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Hearings by single justice*\n\n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *General*\n\n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part II\n## Consequential Amendments\n\n*The Administration of Justice Act 1964 (c. 42)*\n\n5) In section 38 of the Administration of Justice Act 1964 (interpretation), the definition of “domestic court\", which is spent, shall be omitted. *The Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)*\n\n6) In the Domestic Proceedings and Magistrates’ Courts Act 1978— \n\ta) for the words “domestic proceedings\", whereverever they occur in section 88(1), there shall be substituted “family proceedings\"; \n\tb) for the words “domestic court panel\", wherever they occur in section 16(5)(b), there shall be substituted “family panel\". *The Justices of the Peace Act 1979 (c. 55)*\n\n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The Magistrates’ Courts Act 1980 (c. 43)*\n\n8) In the Magistrates’ Courts Act 1980— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *The  Senior Courts Act 1981 (c. 54)*\n\n9) In paragraph 3 of Schedule 1 to the Senior Courts Act 1981 (distribution of business to the Family Division of the High Court), the following sub-paragraph shall be added at the end— \n\te) proceedings under the Children Act 1989 . *The Matrimonial and Family Proceedings Act 1984 (c. 42)*\n\n10) In section 44 of the Matrimonial and Family Proceedings Act 1984 (domestic proceedings in magistrates’ courts to include applications to alter maintenance agreements) for the words “domestic proceedings\", wherever they occur, there shall be substituted “\n                  family proceedings\"\n           ” . *The Insolvency Act 1986 (c. 45)*\n\n11) \n1) In section 281(5)(b) of the Insolvency Act 1986 (discharge not to release bankrupt from bankruptcy debt arising under any order made in family proceedings or in domestic proceedings), the words “or in domestic proceedings” shall be omitted. \n2) In section 281(8) of that Act (interpretation), for the definitions of “domestic proceedings\" and “family proceedings\" there shall be substituted— \n\t- “family proceedings” means—\n\ta) family proceedings within the meaning of the Magistrates’ Courts Act 1980 and any proceedings which would be such proceedings but for section 65(1)(ii) of that Act (proceedings for variation of order for periodical payments); and \n\tb) family proceedings within the meaning of Part V of the Matrimonial and Family Proceedings Act 1984. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/11",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/11",
    "legislation_id": "ukpga/1989/41",
    "title": "Jurisdiction",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.165973Z",
    "text": "Section 22C) **Ways in which looked after children are to be accommodated and maintained**\n\n1) This section applies where a local authority are looking after a child (“C”). \n2) The local authority must make arrangements for C to live with a person who falls within subsection (3)\n\t\t\t\t\t(but subject to subsection (4)). \n3) A person (“P”) falls within this subsection if— \n\ta) P is a parent of C; \n\tb) P is not a parent of C but has parental responsibility for C; or \n\tc) in a case where C is in the care of the local authority and there was a child arrangements order in force with respect to C immediately before the care order was made, P was a person named in the child arrangements order as a person with whom C was to live . \n4) Subsection (2) does not require the local authority to make arrangements of the kind mentioned in that subsection if doing so— \n\ta) would not be consistent with C's welfare; or \n\tb) would not be reasonably practicable. \n5) If the local authority are unable to make arrangements under subsection (2), they must place C in the placement which is, in their opinion, the most appropriate placement available. \n6) In subsection (5)\n\t\t\t\t\t “placement” means— \n\ta) placement with an individual who is a relative, friend or other person connected with C and who is also a local authority foster parent; \n\tb) placement with a local authority foster parent who does not fall within paragraph (a); \n\tc) placement in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) ; or \n\td) subject to section 22D, placement in accordance with other arrangements which comply with any regulations made for the purposes of this section. \n7) In determining the most appropriate placement for C, the local authority must, subject to subsection (9B) and the other provisions of this Part (in particular, to their duties under section 22)— \n\ta) give preference to a placement falling within paragraph (a) of subsection (6) over placements falling within the other paragraphs of that subsection; \n\tb) comply, so far as is reasonably practicable in all the circumstances of C's case, with the requirements of subsection (8); and \n\tc) comply with subsection (9) unless that is not reasonably practicable. \n8) The local authority must ensure that the placement is such that— \n\ta) it allows C to live near C's home; \n\tb) it does not disrupt C's education or training; \n\tc) if C has a sibling for whom the local authority are also providing accommodation, it enables C and the sibling to live together; \n\td) if C is disabled, the accommodation provided is suitable to C's particular needs. \n9) The placement must be such that C is provided with accommodation within the local authority's area. \n9A) Subsection (9B) applies (subject to subsection (9C)) where the local authority  ...— \n\ta) are considering adoption for C, or \n\tb) are satisfied that C ought to be placed for adoption but are not authorised under section 19 of the Adoption and Children Act 2002 (placement with parental consent) or by virtue of section 21 of that Act (placement orders) to place C for adoption. \n9B) Where this subsection applies— \n\ta) subsections (7) to (9) do not apply to the local authority, \n\tb) the local authority must consider placing C with an individual within subsection (6)(a), and \n\tc) where the local authority decide that a placement with such an individual is not the most appropriate placement for C, the local authority must consider placing C with a local authority foster parent who has been approved as a prospective adopter. \n9C) Subsection (9B) does not apply where the local authority have applied for a placement order under section 21 of the Adoption and Children Act 2002 in respect of C and the application has been refused. \n10) The local authority may determine— \n\ta) the terms of any arrangements they make under subsection (2) in relation to C (including terms as to payment); and \n\tb) the terms on which they place C with a local authority foster parent (including terms as to payment but subject to any order made under section 49 of the Children Act 2004). \n11) The Secretary of State may make regulations for, and in connection with, the purposes of this section. \n12) For the meaning of “local authority foster parent” see section 105(1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22C",
    "legislation_id": "ukpga/1989/41",
    "title": "Ways in which looked after children are to be accommodated and maintained",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.612634Z",
    "text": "Section 83) **Research and returns of information.**\n\n1) The Secretary of State may conduct, or assist other persons in conducting, research into any matter connected with— \n\ta) his functions, or the functions of local authorities, under the enactments mentioned in subsection (9); \n\taa) the functions of— \n\t\ti) the Child Safeguarding Practice Review Panel; \n\t\tii) safeguarding partners (within the meaning given by section 16E(3) of the Children Act 2004) in relation to local authority areas in England; \n\t\tiii) child death review partners (within the meaning given by section 16Q(2) of the Children Act 2004) in relation to local authority areas in England; \n\tb) the adoption of children; or \n\tc) the accommodation of children in a care home or independent hospital . \n2) Any local authority may conduct, or assist other persons in conducting, research into any matter connected with— \n\ta) their functions under the enactments mentioned in subsection (9); \n\taa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) the adoption of children; or \n\tc) the accommodation of children in a care home or independent hospital . \n3) Every local authority shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to— \n\ta) the performance by the local authority of all or any of their functions— \n\t\ti) under the enactments mentioned in subsection (9); or \n\t\tii) in connection with the accommodation of children in a care home or independent hospital ; and \n\tb) the children in relation to whom the authority have exercised those functions.;  ... \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Every voluntary organisation shall, at such times and in such form as the Secretary of State may direct, transmit to him such particulars as he may require with respect to children accommodated by them or on their behalf. \n4A) Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children. \n5) The Secretary of State may direct an officer of the family court to transmit— \n\ta) to such person as may be specified in the direction; and \n\tb) at such times and in such form as he may direct, such particulars as he may require with respect to proceedings of the court which relate to children. \n6) The Secretary of State shall in each year lay before Parliament a consolidated and classified abstract of the information transmitted to him under subsections (3) to (5). \n7) The Secretary of State may institute research designed to provide information on which requests for information under this section may be based. \n8) The Secretary of State shall keep under review the adequacy of the provision of child care training and for that purpose shall receive and consider any information from or representations made by— \n\ta) the Central Council for Education and Training in Social Work; \n\tb) such representatives of local authorities as appear to him to be appropriate; or \n\tc) such other persons or organisations as appear to him to be appropriate, concerning the provision of such training. \n9) The enactments are— \n\ta) this Act; \n\tb) the Children and Young Persons Acts 1933 to 1969; \n\tc) section 116 of the  Mental Health Act 1983 (so far as it relates to children looked after by local authorities); \n\tca) Part 1 of the Adoption and Children Act 2002; \n\tcb) the Children Act 2004; \n\tcc) the Children and Young Persons Act 2008. \n\td)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/83",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/83",
    "legislation_id": "ukpga/1989/41",
    "title": "Research and returns of information.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 83,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.082353Z",
    "text": "Section 17) **Provision of services for children in need, their families and others.**\n\n1) It shall be the general duty of every local authority (in addition to the other duties imposed on them by this Part)— \n\ta) to safeguard and promote the welfare of children within their area who are in need; and \n\tb) so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs. \n2) For the purpose principally of facilitating the discharge of their general duty under this section, every local authority shall have the specific duties and powers set out in Part 1 of Schedule 2. \n3) Any service provided by an authority in the exercise of functions conferred on them by this section may be provided for the family of a particular child in need or for any member of his family, if it is provided with a view to safeguarding or promoting the child’s welfare. \n4) The Secretary of State may by order amend any provision of Part I of Schedule 2 or add any further duty or power to those for the time being mentioned there. \n4A) Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— \n\ta) ascertain the child’s wishes and feelings regarding the provision of those services; and \n\tb) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain. \n5) Every local authority— \n\ta) shall facilitate the provision by others (including in particular voluntary organisations) of services which it is a function of the authority to provide by virtue of this section, or section 18, 20, 22A to 22C , 23B to 23D, 24A or 24B ; and \n\tb) may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service. \n6) The services provided by a local authority in the exercise of functions conferred on them by this section may include providing accommodation and giving assistance in kind or  . . .   in cash. \n7) Assistance may be unconditional or subject to conditions as to the repayment of the assistance or of its value (in whole or in part). \n8) Before giving any assistance or imposing any conditions, a local authority shall have regard to the means of the child concerned and of each of his parents. \n9) No person shall be liable to make any repayment of assistance or of its value at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance . \n10) For the purposes of this Part a child shall be taken to be in need if— \n\ta) he is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under this Part; \n\tb) his health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or \n\tc) he is disabled, and “family”, in relation to such a child, includes any person who has parental responsibility for the child and any other person with whom he has been living. \n11) For the purposes of this Part, a child is disabled if he is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed; and in this Part— \n\t- “development” means physical, intellectual, emotional, social or behavioural development; and\n\t- “health” means physical or mental health.\n12) The Treasury may by regulations prescribe circumstances in which a person is to be treated for the purposes of this Part (or for such of those purposes as are prescribed) as in receipt of any element of child tax credit other than the family element or of working tax credit. \n13) The duties imposed on a local authority by virtue of this section do not apply in relation to a child in the authority’s area who is being looked after by a local authority in Wales in accordance with Part 6 of the Social Services and Well-being (Wales) Act 2014. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17",
    "legislation_id": "ukpga/1989/41",
    "title": "Provision of services for children in need, their families and others.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.494147Z",
    "text": "Section 59) **`                                         Provision of accommodation by voluntary organisations.**\n\n1) Where a voluntary organisation provide accommodation for a child, they shall do so by— \n\ta) placing him (subject to subsection (2)) with — \n\t\ti) a family; \n\t\tii) a relative of his; or \n\t\tiii) any other suitable person, on such terms as to payment by the organisation and otherwise as the organisation may determine (subject to section 49 of the Children Act 2004) ; \n\taa) maintaining him in a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 ; \n\tf) making such other arrangements (subject to subsection (3)) as seem appropriate to them. \n1A) Where under subsection (1)(aa) a voluntary organisation maintains a child in a home provided, equipped and maintained by an appropriate national authority under section 82(5), it shall do so on such terms as that national authority may from time to time determine. \n2) The appropriate national authority may make regulations as to the placing of children with foster parents by voluntary organisations  ... . \n3) The appropriate national authority may make regulations as to the arrangements which may be made under subsection (1)(f)  ...  . \n3A) Regulations made in relation to England under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under section 22C by virtue of any of paragraphs 12B, 12E and 12F of Schedule 2. \n3B) Regulations made in relation to Wales under subsection (2) or (3) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 81 or 87 of the Social Services and Well-being (Wales) Act 2014, including provision which may be made under section 87 in accordance with the examples given in sections 89, 92 and 93 of that Act. \n4) The appropriate national authority may make regulations requiring any voluntary organisation who are providing accommodation for a child— \n\ta) to review his case; and \n\tb) to consider any representations (including any complaint) made to them by any person falling within a prescribed class of person, in accordance with the provisions of the regulations. \n5A) Regulations made in relation to England under subsection (4) may, in particular— \n\ta) apply with modifications any provision of section 25A or 25B; \n\tb) make provision which (with any necessary modifications) is similar to any provision which may be made under section 25A, 25B or 26. \n5B) Regulations made in relation to Wales under subsection (4) may in particular make provision which (with any necessary modifications) is similar to that which may be made under sections 99, 100 or 102 of the Social Services and Well-being (Wales) Act 2014. \n6) Regulations under subsections (2) to (4) may provide that any person who, without reasonable excuse, contravenes or fails to comply with a regulation shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale. \n7) In this Part  “appropriate national authority” means— \n\ta) in relation to England, the Secretary of State; and \n\tb) in relation to Wales, the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/59",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/59",
    "legislation_id": "ukpga/1989/41",
    "title": "` Provision of accommodation by voluntary organisations.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 59,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.155560Z",
    "text": "Section 21) **Provision of accommodation for children in police protection or detention or on remand, etc.**\n\n1) Every local authority shall make provision for the reception and accommodation of children who are removed or kept away from home under Part V. \n2) Every local authority shall receive, and provide accommodation for, children— \n\ta) in police protection whom they are requested to receive under section 46(3)(f); \n\tb) whom they are requested to receive under section 38(6) of the  Police and Criminal Evidence Act 1984; \n\tc) who are— \n\t\ti) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\t\tia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code (breach etc. of referral orders and reparation orders); \n\t\tii) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 25 of Schedule 7 to that Code (breach etc. of youth rehabilitation orders);  . . . \n\t\tiia) remanded to accommodation provided by or on behalf of a local authority by virtue of paragraph 10 of the Schedule to the Street Offences Act 1959 (breach of orders under section 1(2A) of that Act); \n\t\tiii) the subject of a youth rehabilitation order imposing a local authority residence requirement or a youth rehabilitation order with fostering, and with respect to whom they are the designated authority. \n2A) In subsection (2)(c)(iii)— \n\t- “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;\n\t- “youth rehabilitation order” has the meaning given by section 173 of that Code;\n\t- “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.\n3) Where a child has been— \n\ta) removed under Part V; or \n\tb) detained under section 38 of the Police and Criminal Evidence Act 1984, and he is not being provided with accommodation by a local authority or by a local authority in Wales or in a hospital vested in the Secretary of State or , the Welsh Ministers  ..., or otherwise made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or a Health Authority Local Health Board  ..., any reasonable expenses of accommodating him shall be recoverable from the local authority , or local authority in Wales, in whose area he is ordinarily resident. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/21",
    "legislation_id": "ukpga/1989/41",
    "title": "Provision of accommodation for children in police protection or detention or on remand, etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.593383Z",
    "text": "Section 80) **Inspection of children’s homes \netc.\n by persons authorised by  the Appropriate National Authority.**\n\n1) The Appropriate National Authority may cause to be inspected from time to time any— \n\ta) private children’s home in England ; \n\tb) premises in which a child who is being looked after by a local authority is living; \n\tc) premises in which a child who is being accommodated by or on behalf of a local authority in the exercise of education functions or a voluntary organisation is living; \n\td) premises in which a child who is being accommodated by or on behalf of a Local Health Board , Special Health Authority  ... , National Health Service trust or NHS foundation trust or pursuant to arrangements made by the Appropriate National Authority , NHS England or an integrated care board under the National Health Service Act 2006 is living; \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) premises in which a privately fostered child, or child who is treated as a foster child by virtue of paragraph 9 of Schedule 8, is living or in which it is proposed that he will live; \n\th) premises on which any person is acting as a child minder; \n\ti) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tj) care home in England or independent hospital used to accommodate children; \n\tk) premises which are provided by a local authority and in which any service is provided by that authority under Part III; \n\tl) school or college providing accommodation for any child; \n2) An inspection under this section shall be conducted by a person authorised to do so by the Appropriate National Authority . \n3) An officer of a local authority shall not be so authorised except with the consent of that authority. \n4) The Appropriate National Authority may require any person of a kind mentioned in subsection (5) to furnish it with such information, or allow it to inspect such records (in whatever form they are held), relating to— \n\ta) any premises to which subsection (1) or, in relation to Scotland, subsection (1)(h) or (i) applies; \n\tb) any child who is living in any such premises; \n\tc) the discharge by the Appropriate National Authority of any of its functions under this Act; or \n\td) the discharge by any local authority of any of their functions under this Act, as the Appropriate National Authority may at any time direct. \n5) The persons are any— \n\ta) local authority; \n\tb) voluntary organisation; \n\tc) person carrying on a private children’s home in England ; \n\td) proprietor of an independent school or governing body of any other school ; \n\tda) governing body of an institution designated under section 28 of the  Further and Higher Education Act 1992; \n\tdb) further education corporation; \n\tdc) sixth form college corporation; \n\tdd) proprietor of a 16 to 19 Academy; \n\te) person fostering any privately fostered child or providing accommodation for a child on behalf of a local authority,  ... Local Health Board , Special Health Authority  ... National Health Service trust , NHS foundation trust or voluntary organisation; \n\tea) person providing accommodation for a child pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006; \n\tf)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) person employed in a teaching or administrative capacity at any educational establishment (whether or not maintained by a local authority ) at which a child is accommodated on behalf of a local authority  . . . ; \n\th) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\thh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\ti) person carrying on any home of a kind mentioned in subsection (1)(j). \n\tj) person carrying on a fostering agency. \n6) Any person inspecting any home or other premises under this section may— \n\ta) inspect the children there; and \n\tb) make such examination into the state and management of the home or premises and the treatment of the children there as he thinks fit. \n7) Any person authorised by the Appropriate National Authority to exercise the power to inspect records conferred by subsection (4)— \n\ta) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and \n\tb) may require— \n\t\ti) the person by whom or on whose behalf the computer is or has been so used; or \n\t\tii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such reasonable assistance as he may require. \n8) A person authorised to inspect any premises under this section shall have a right to enter the premises for that purpose, and for any purpose specified in subsection (4), at any reasonable time. \n9) Any person exercising that power shall, if so required, produce some duly authenticated document showing his authority to do so. \n10) Any person who intentionally obstructs another in the exercise of that power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n11) The Appropriate National Authority may by order provide for subsections (1), (4) and (6) not to apply in relation to such homes, or other premises, as may be specified in the order. \n11A) But subsections (1), (4) and (6) do not apply if— \n\ta) the Appropriate National Authority is the Welsh Ministers; and \n\tb) the inspection relates to a private children’s home or a care home (see, instead the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)). \n12) Without prejudice to section 104, any such order may make different provision with respect to each of those subsections. \n13) In this section— \n\t- “college” means an institution within the further education sector as defined in section 91 of the  Further and Higher Education Act 1992 or a 16 to 19 Academy ;\n\t- “fostering agency” has the same meaning as in the Care Standards Act 2000;\n\t- “further education corporation” has the same meaning as in the  Further and Higher Education Act 1992.\n\t- “sixth form college corporation” has the same meaning as in that Act.\n\t- “proprietor” has the same meaning as in the Education Act 1996.\n14) In this section “Appropriate National Authority” means— \n\ta) in relation to England, the Secretary of State; and \n\tb) in relation to Wales, the Welsh Ministers. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/80",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/80",
    "legislation_id": "ukpga/1989/41",
    "title": "Inspection of children’s homes etc. by persons authorised by the Appropriate National Authority.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 80,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.510586Z",
    "text": "Section 63) **Private children’s homes etc.**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11) Schedule 6 shall have effect with respect to private children’s homes. \n12) Schedule 7 shall have effect for the purpose of setting out the circumstances in which a person may foster more than three children without being treated— \n\ta) for the purposes of this Act and the Care Standards Act 2000, as carrying on a children’s home ; and \n\tb) for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016, as providing a care home service within the meaning of Part 1 of that Act . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/63",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/63",
    "legislation_id": "ukpga/1989/41",
    "title": "Private children’s homes etc.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 63,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.953199Z",
    "text": "SCHEDULE 8 Privately Fostered Children Section 66(5). *Exemptions*\n\n1) A child is not a privately fostered child while he is being looked after by a local authority. \n2) \n1) A child is not a privately fostered child while he is in the care of any person— \n\ta) in premises in which any— \n\t\ti) parent of his; \n\t\tii) person who is not a parent of his but who has parental responsibility for him; or \n\t\tiii) person who is a relative of his and who has assumed responsibility for his care, is for the time being living; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) in accommodation provided by or on behalf of any voluntary organisation; \n\td) in any school in which he is receiving full-time education; \n\te) in any health service hospital; \n\tf) in any care home or independent hospital \n\tg) in any home or institution not specified in this paragraph but provided, equipped and maintained by the Secretary of State. \n2) Sub-paragraph (1)(c) to (g) does not apply where the person caring for the child is doing so in his personal capacity and not in the course of carrying out his duties in relation to the establishment mentioned in the paragraph in question. \n3) A child is not a privately fostered child while he is in the care of any person in compliance with— \n\ta) a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code ; \n\tb) a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act 2011. \n4) A child is not a privately fostered child while he is liable to be detained, or subject to guardianship, under the  Mental Health Act 1983. \n5) A child is not a privately fostered child while he is placed in the care of a person who proposes to adopt him under arrangements made by an adoption agency within the meaning of— \n\ta) section 2 of the Adoption and Children Act 2002; \n\tb) section  119 of the Adoption and Children (Scotland) Act 2007; or \n\tc) Article 3 of the Adoption (Northern Ireland) Order 1987 or while he is a child in respect of whom a local authority have functions by virtue of regulations under section 83(6)(b) of the Adoption and Children Act 2002 (which relates to children brought into the United Kingdom for adoption), or corresponding functions by virtue of regulations under section 1 of the Adoption (Intercountry Aspects) Act 1999 (regulations to give effect to Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption). *Power of local authority to impose requirements*\n\n6) \n1) Where a person is fostering any child privately, or proposes to foster any child privately, the appropriate local authority may impose on him requirements as to— \n\ta) the number, age and sex of the children who may be privately fostered by him; \n\tb) the standard of the accommodation and equipment to be provided for them; \n\tc) the arrangements to be made with respect to their health and safety; and \n\td) particular arrangements which must be made with respect to the provision of care for them, and it shall be his duty to comply with any such requirement before the end of such period as the authority may specify unless, in the case of a proposal, the proposal is not carried out. \n2) A requirement may be limited to a particular child, or class of child. \n3) A requirement (other than one imposed under sub-paragraph (1)(a)) may be limited by the authority so as to apply only when the number of children fostered by the person exceeds a specified number. \n4) A requirement shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of— \n\ta) the reason for imposing the requirement; \n\tb) his right under paragraph 8 to appeal against it; and \n\tc) the time within which he may do so. \n5) A local authority may at any time vary any requirement, impose any additional requirement or remove any requirement. \n6) In this Schedule— \n\ta) “the appropriate local authority” means— \n\t\ti) the local authority within whose area the child is being fostered; or \n\t\tii) in the case of a proposal to foster a child, the local authority within whose area it is proposed that he will be fostered; and \n\tb) “requirement”, in relation to any person, means a requirement imposed on him under this paragraph. *Regulations requiring notification of fostering etc.*\n\n7) \n1) The Secretary of State may by regulations make provision as to— \n\ta) the circumstances in which notification is required to be given in connection with children who are, have been or are proposed to be fostered privately; and \n\tb) the manner and form in which such notification is to be given. \n2) The regulations may, in particular— \n\ta) require any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately to notify the appropriate authority; \n\tb) require any person who is— \n\t\ti) a parent of a child; or \n\t\tii) a person who is not a parent of his but who has parental responsibility for a child, and who knows that it is proposed that the child should be fostered privately, to notify the appropriate authority; \n\tc) require any parent of a privately fostered child, or person who is not a parent of such a child but who has parental responsibility for him, to notify the appropriate authority of any change in his address; \n\td) require any person who proposes to foster a child privately, to notify the appropriate authority of his proposal; \n\te) require any person who is fostering a child privately, or proposes to do so, to notify the appropriate authority of— \n\t\ti) any offence of which he has been convicted; \n\t\tii) any disqualification imposed on him under section 68; or \n\t\tiii) any prohibition imposed on him under section 69; \n\tf) require any person who is fostering a child privately, to notify the appropriate authority of any change in his address; \n\tg) require any person who is fostering a child privately to notify the appropriate authority in writing of any person who begins, or ceases, to be part of his household; \n\th) require any person who has been fostering a child privately, but has ceased to do so, to notify the appropriate authority (indicating, where the child has died, that that is the reason). \n7A) Every local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7. *Appeals*\n\n8) \n1) A person aggrieved by— \n\ta) a requirement imposed under paragraph 6; \n\tb) a refusal of consent under section 68; \n\tc) a prohibition imposed under section 69; \n\td) a refusal to cancel such a prohibition; \n\te) a refusal to make an exemption under paragraph 4 of Schedule 7; \n\tf) a condition imposed in such an exemption; or \n\tg) a variation or cancellation of such an exemption, may appeal to the court. \n2) The appeal must be made within fourteen days from the date on which the person appealing is notified of the requirement, refusal, prohibition, condition, variation or cancellation. \n3) Where the appeal is against— \n\ta) a requirement imposed under paragraph 6; \n\tb) a condition of an exemption imposed under paragraph 4 of Schedule 7; or \n\tc) a variation or cancellation of such an exemption, the requirement, condition, variation or cancellation shall not have effect while the appeal is pending. \n4) Where it allows an appeal against a requirement or prohibition, the court may, instead of cancelling the requirement or prohibition— \n\ta) vary the requirement, or allow more time for compliance with it; or \n\tb) if an absolute prohibition has been imposed, substitute for it a prohibition on using the premises after such time as the court may specify unless such specified requirements as the local authority had power to impose under paragraph 6 are complied with. \n5) Any requirement or prohibition specified or substituted by a court under this paragraph shall be deemed for the purposes of Part IX (other than this paragraph) to have been imposed by the local authority under paragraph 6 or (as the case may be) section 69. \n6) Where it allows an appeal against a refusal to make an exemption, a condition imposed in such an exemption or a variation or cancellation of such an exemption, the court may— \n\ta) make an exemption; \n\tb) impose a condition; or \n\tc) vary the exemption. \n7) Any exemption made or varied under sub-paragraph (6), or any condition imposed under that sub-paragraph, shall be deemed for the purposes of Schedule 7 (but not for the purposes of this paragraph) to have been made, varied or imposed under that Schedule. \n8) Nothing in sub-paragraph (1)(e) to (g) confers any right of appeal on— \n\ta) a person who is, or would be if exempted under Schedule 7, a local authority foster parent; or \n\tb) a person who is, or would be if so exempted, a person with whom a child is placed by a voluntary organisation. *Extension of Part IX to certain school children during holidays*\n\n9) \n1) Where a child under sixteen who is a pupil at a school  . . . lives at the school during school holidays for a period of more than two weeks, Part IX shall apply in relation to the child as if— \n\ta) while living at the school, he were a privately fostered child; and \n\tb) paragraphs 2(1)(c) and (d) and 6 were omitted. But this sub-paragraph does not apply to a school which is  a children's home in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016. \n2) Sub-paragraph (3) applies to any person who proposes to care for and accommodate one or more children at a school in circumstances in which some or all of them will be treated as private foster children by virtue of this paragraph. \n3) That person shall, not less than two weeks before the first of those children is treated as a private foster child by virtue of this paragraph during the holiday in question, give written notice of his proposal to the local authority within whose area the child is ordinarily resident (“the appropriate authority\"), stating the estimated number of the children. \n4) A local authority may exempt any person from the duty of giving notice under sub-paragraph (3). \n5) Any such exemption may be granted for a special period or indefinitely and may be revoked at any time by notice in writing given to the person exempted. \n6) Where a child who is treated as a private foster child by virtue of this paragraph dies, the person caring for him at the school shall, not later than 48 hours after the death, give written notice of it— \n\ta) to the appropriate local authority; and \n\tb) where reasonably practicable, to each parent of the child and to every person who is not a parent of his but who has parental responsibility for him. \n7) Where a child who is treated as a foster child by virtue of this paragraph ceases for any other reason to be such a child, the person caring for him at the school shall give written notice of the fact to the appropriate local authority. *Prohibition of advertisements relating to fostering*\n\n10) No advertisement indicating that a person will undertake, or will arrange for, a child to be privately fostered shall be published, unless it states that person’s name and address. *Avoidance of insurances on lives of privately fostered children*\n\n11) A person who fosters a child privately and for reward shall be deemed for the purposes of the  Life Assurance Act 1774 to have no interest in the life of the child. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/8",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/8",
    "legislation_id": "ukpga/1989/41",
    "title": "Privately Fostered Children",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.620889Z",
    "text": "Section 85) **Children accommodated by health authorities and local education authorities.**\n\n1) Where a child is provided with accommodation in England by any  ..., Special Health Authority,  ... National Health Service trust or NHS foundation trust or by a local authority in England in the exercise of education functions (“the accommodating authority”)— \n\ta) for a consecutive period of at least three months; or \n\tb) with the intention, on the part of that authority, of accommodating him for such a period, the accommodating authority shall notify the appropriate officer of the responsible authority. \n2) Where subsection (1) applies with respect to a child, the accommodating authority shall also notify the appropriate officer of the responsible authority when they cease to accommodate the child. \n2ZA) Where a child is provided with accommodation— \n\ta) by a body which is not mentioned in subsection (1), and \n\tb) pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006, subsections (1) and (2) apply in relation to the Secretary of State, NHS England or (as the case may be) the integrated care board as if it were the accommodating authority. \n2A) In a case where the child is provided with accommodation in England by a local authority in England in the exercise of education functions, subsections (1) and (2) apply only if the local authority providing the accommodation is different from the responsible authority. \n3) In this section “the responsible authority” means— \n\ta) the local authority appearing to the accommodating authority to be the authority within whose area the child was ordinarily resident immediately before being accommodated; or \n\tb) where it appears to the accommodating authority that a child was not ordinarily resident within the area of any local authority, the local authority within whose area the accommodation is situated. \n3A) In this section and sections 86 and 86A  “the appropriate officer” means— \n\ta) in relation to a local authority in England, their director of children's services; and \n\tb) in relation to a local authority in Wales, their director of social services . \n4) Where the appropriate officer of a local authority in England has been notified under this section, or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities) , the local authority shall— \n\ta) take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated by the accommodating authority; and \n\tb) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child. \n5) For the purposes of subsection (4)(b), if the child is not in the area of the local authority, they must treat him as if he were in that area. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/85",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/85",
    "legislation_id": "ukpga/1989/41",
    "title": "Children accommodated by health authorities and local education authorities.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 85,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.974636Z",
    "text": "Section 11B) **... Activity directions: further provision**\n\n1) A court may not make an activity direction under section 11A(2) in connection with any matter mentioned in section 11A(1A) unless there is a dispute as regards the provision about that matter that the court is considering whether to make in the proceedings. \n2) A court may not make an activity direction requiring an individual who is a child to take part in an activity unless the individual is a parent of the child in relation to whom the court is considering provision about a matter mentioned in section 11A(1A) . \n3) A court may not make an activity activity direction in connection with the making, variation or discharge of a child arrangements order , if the child arrangements order is, or would if made be, an excepted order. \n4) A child arrangements order with respect to a child is an excepted order if— \n\ta) it is made in proceedings that include proceedings on an application for a relevant adoption order in respect of the child; or \n\tb) it makes provision as regards contact between the child and a person who would be a parent or relative of the child but for the child's adoption by an order falling within subsection (5). \n5) An order falls within this subsection if it is— \n\ta) a relevant adoption order; \n\tb) an adoption order, within the meaning of section 72(1) of the Adoption Act 1976, other than an order made by virtue of section 14 of that Act on the application of a married couple one of whom is the mother or the father of the child; \n\tc) a Scottish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made— \n\t\ti) by virtue of section 14 of the Adoption (Scotland) Act 1978 on the application of a married couple one of whom is the mother or the father of the child, or \n\t\tii) by virtue of section 15(1)(aa) of that Act; or \n\t\tiii) by virtue of an application under section  30 of the Adoption and Children (Scotland) Act 2007 where subsection  (3) of that section applies; or \n\td) a Northern Irish adoption order, within the meaning of the Adoption and Children Act 2002, other than an order made by virtue of Article 14 of the Adoption (Northern Ireland) Order 1987 on the application of a married couple one of whom is the mother or the father of the child. \n6) A relevant adoption order is an adoption order, within the meaning of section 46(1) of the Adoption and Children Act 2002, other than an order made— \n\ta) on an application under section 50 of that Act by a couple (within the meaning of that Act) one of whom is the mother or the father of the person to be adopted, or \n\tb) on an application under section 51(2) of that Act. \n7) A court may not make an activity direction in relation to an individual unless the individual is habitually resident in England and Wales; and a direction ceases to have effect if the individual subject to the direction ceases to be habitually resident in England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11B",
    "legislation_id": "ukpga/1989/41",
    "title": "... Activity directions: further provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.572172Z",
    "text": "Section 79K) **Protection of children in an emergency.**\n\n1) If, in the case of any person registered under this Part for acting as a child minder or providing day care— \n\ta) the Assembly applies to a justice of the peace for an order— \n\t\ti) cancelling the registration; \n\t\tii) varying or removing any condition to which the registration is subject; or \n\t\tiii) imposing a new condition; and \n\tb) it appears to the justice that a child who is being, or may be, looked after by that person, or (as the case may be) in accordance with the provision for day care made by that person, is suffering, or is likely to suffer, significant harm, the justice may make the order. \n2) The cancellation, variation, removal or imposition shall have effect from the time when the order is made. \n3) An application under subsection (1) may be made without notice. \n4) An order under subsection (1) shall be made in writing. \n5) Where an order is made under this section, the Assembly shall serve on the registered person, as soon as is reasonably practicable after the making of the order— \n\ta) a copy of the order; \n\tb) a copy of any written statement of the Assembly ’s reasons for making the application for the order which supported that application; and \n\tc) notice of any right of appeal conferred by section 79M. \n6) Where an order has been so made, the Assembly shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79K",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79K",
    "legislation_id": "ukpga/1989/41",
    "title": "Protection of children in an emergency.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.321135Z",
    "text": "Section 34) **Parental contact etc. with children in care.**\n\n1) Where a child is in the care of a local authority, the authority shall (subject to the provisions of this section) and their duty under section 22(3)(a) or, where the local authority is in Wales, under section 78(1)(a) of the Social Services and Well-being (Wales) Act 2014 allow the child reasonable contact with— \n\ta) his parents; \n\tb) any guardian or special guardian of his; \n\tba) any person who by virtue of section 4A has parental responsibility for him; \n\tc) where there was a child arrangements order in force with respect to the child immediately before the care order was made, any person named in the child arrangements order as a person with whom the child was to live ; and \n\td) where, immediately before the care order was made, a person had care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, that person. \n2) On an application made by the authority or the child, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and any named person. \n3) On an application made by— \n\ta) any person mentioned in paragraphs (a) to (d) of subsection (1); or \n\tb) any person who has obtained the leave of the court to make the application, the court may make such order as it considers appropriate with respect to the contact which is to be allowed between the child and that person. \n4) On an application made by the authority or the child, the court may make an order authorising the authority to refuse to allow contact between the child and any person who is mentioned in paragraphs (a) to (d) of subsection (1) and named in the order. \n5) When making a care order with respect to a child, or in any family proceedings in connection with a child who is in the care of a local authority, the court may make an order under this section, even though no application for such an order has been made with respect to the child, if it considers that the order should be made. \n6) An authority may refuse to allow the contact that would otherwise be required by virtue of subsection (1) or an order under this section if— \n\ta) they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare; and \n\tb) the refusal— \n\t\ti) is decided upon as a matter of urgency; and \n\t\tii) does not last for more than seven days. \n6A) Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in England are authorised to refuse to allow contact between the child and a person mentioned in any of paragraphs (a) to (c) of paragraph 15(1) of Schedule 2, paragraph 15(1) of that Schedule does not require the authority to endeavour to promote contact between the child and that person. \n6B) Where (by virtue of an order under this section, or because subsection (6) applies) a local authority in Wales is authorised to refuse contact between the child and a person mentioned in any of paragraphs (a) to (c) of section 95(1) of the Social Services and Well-being (Wales) Act 2014, section 95(1) of that Act does not require the authority to promote contact between the child and that person. \n7) An order under this section may impose such conditions as the court considers appropriate. \n8) The Secretary of State may by regulations make provision as to— \n\tza) what a local authority in England must have regard to in considering whether contact between a child and a person mentioned in any of paragraphs (a) to (d) of subsection (1) is consistent with safeguarding and promoting the child's welfare; \n\ta) the steps to be taken by a local authority who have exercised their powers under subsection (6); \n\tb) the circumstances in which, and conditions subject to which, the terms of any order under this section may be departed from by agreement between the local authority and the person in relation to whom the order is made; \n\tc) notification by a local authority of any variation or suspension of arrangements made (otherwise than under an order under this section) with a view to affording any person contact with a child to whom this section applies. \n9) The court may vary or discharge any order made under this section on the application of the authority, the child concerned or the person named in the order. \n10) An order under this section may be made either at the same time as the care order itself or later. \n11) Before making, varying or discharging an order under this section or making a care order with respect to any child the court shall— \n\ta) consider the arrangements which the authority have made, or propose to make, for affording any person contact with a child to whom this section applies; and \n\tb) invite the parties to the proceedings to comment on those arrangements. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/34",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/34",
    "legislation_id": "ukpga/1989/41",
    "title": "Parental contact etc. with children in care.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 34,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.179838Z",
    "text": "Section 23ZZA) **Information and advice for promoting educational achievement**\n\n1) A local authority in England must make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area. \n2) The advice and information must be made available to— \n\ta) any person who has parental responsibility for the child, \n\tb) the member of staff at the child's school designated under section 20A of the Children and Young Persons Act 2008 or by virtue of section 2E of the Academies Act 2010, and \n\tc) any other person that the local authority consider appropriate. \n3) A local authority in England may do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area. \n4) A local authority in England must appoint at least one person for the purpose of discharging the duty imposed by subsection (1). \n5) The person appointed for that purpose must be an officer employed by the authority or another local authority in England. \n6) In this section— “relevant child” means—a child who was looked after by the local authority or another local authority in England or Wales but ceased to be so looked after as a result of—a child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person,a special guardianship order, oran adoption order within the meaning given by section 72(1) of the Adoption Act 1976 or section 46(1) of the Adoption and Children Act 2002, ora child who appears to the local authority—to have been in state care in a place outside England and Wales because he or she would not otherwise have been cared for adequately, andto have ceased to be in that state care as a result of being adopted. \n7) For the purposes of this section a child is educated in a local authority's area if— \n\ta) the child is receiving early years provision secured by the local authority under section 7(1) of the Childcare Act 2006, or \n\tb) the child is of compulsory school age and— \n\t\ti) the child attends a school in the local authority's area, or \n\t\tii) if the child does not attend school, the child receives all or most of his or her education in the local authority's area. \n8) For the purposes of this section a child is in  “state care” if he or she is in the care of, or accommodated by— \n\ta) a public authority, \n\tb) a religious organisation, or \n\tc) any other organisation the sole or main purpose of which is to benefit society. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23ZZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23ZZA",
    "legislation_id": "ukpga/1989/41",
    "title": "Information and advice for promoting educational achievement",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.692556Z",
    "text": "Section 100) **Restrictions on use of wardship jurisdiction.**\n\n1) Section 7 of the  Family Law Reform Act 1969 (which gives the High Court power to place a ward of court in the care, or under the supervision, of a local authority) shall cease to have effect. \n2) No court shall exercise the High Court’s inherent jurisdiction with respect to children— \n\ta) so as to require a child to be placed in the care, or put under the supervision, of a local authority; \n\tb) so as to require a child to be accommodated by or on behalf of a local authority; \n\tc) so as to make a child who is the subject of a care order a ward of court; or \n\td) for the purpose of conferring on any local authority power to determine any question which has arisen, or which may arise, in connection with any aspect of parental responsibility for a child. \n3) No application for any exercise of the court’s inherent jurisdiction with respect to children may be made by a local authority unless the authority have obtained the leave of the court. \n4) The court may only grant leave if it is satisfied that— \n\ta) the result which the authority wish to achieve could not be achieved through the making of any order of a kind to which subsection (5) applies; and \n\tb) there is reasonable cause to believe that if the court’s inherent jurisdiction is not exercised with respect to the child he is likely to suffer significant harm. \n5) This subsection applies to any order— \n\ta) made otherwise than in the exercise of the court’s inherent jurisdiction; and \n\tb) which the local authority is entitled to apply for (assuming, in the case of any application which may only be made with leave, that leave is granted). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/100",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/100",
    "legislation_id": "ukpga/1989/41",
    "title": "Restrictions on use of wardship jurisdiction.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 100,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.544459Z",
    "text": "Section 79A) **Child minders and day care providers.**\n\n1) This section and section 79B apply for the purposes of this Part. \n2) “Act as a child minder” means (subject to the following subsections) look after one or more children under the age of eight on domestic premises for reward; and “child minding” shall be interpreted accordingly. \n3) A person who— \n\ta) is the parent, or a relative, of a child; \n\tb) has parental responsibility for a child; \n\tc) is a local authority foster parent in relation to a child; \n\td) is a foster parent with whom a child has been placed by a voluntary organisation; or \n\te) fosters a child privately, does not act as a child minder when looking after that child. \n4) Where a person— \n\ta) looks after a child for the parents (“P1”), or \n\tb) in addition to that work, looks after another child for different parents (“P2”), and the work consists (in a case within paragraph (a)) of looking after the child wholly or mainly in P1’s home or (in a case within paragraph (b)) of looking after the children wholly or mainly in P1’s home or P2’s home or both, the work is not to be treated as child minding. \n5) In subsection (4), “parent”, in relation to a child, includes— \n\ta) a person who is not a parent of the child but who has parental responsibility for the child; \n\tb) a person who is a relative of the child. \n6) “Day care” means care provided at any time for children under the age of eight on premises other than domestic premises. \n7) This Part does not apply in relation to a person who acts as a child minder, or provides day care on any premises, unless the period, or the total of the periods, in any day which he spends looking after children or (as the case may be) during which the children are looked after on the premises exceeds two hours. \n8) In determining whether a person is required to register under this Part for child minding, any day on which he does not act as a child minder at any time between 2 am and 6 pm is to be disregarded. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79A",
    "legislation_id": "ukpga/1989/41",
    "title": "Child minders and day care providers.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.159717Z",
    "text": "Section 22) **General duty of local authority in relation to children looked after by them.**\n\n1) In this section , any reference to a child who is looked after by a local authority is a reference to a child who is— \n\ta) in their care; or \n\tb) provided with accommodation by the authority in the exercise of any functions (in particular those under this Act) which are social services functions within the meaning of the  Local Authority Social Services Act 1970 , apart from functions under sections 17 23B and 24B . \n2) In subsection (1) “accommodation” means accommodation which is provided for a continuous period of more than 24 hours. \n3) It shall be the duty of a local authority looking after any child— \n\ta) to safeguard and promote his welfare; and \n\tb) to make such use of services available for children cared for by their own parents as appears to the authority reasonable in his case. \n3A) The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement. \n3B) A local authority  ... must appoint at least one person for the purpose of discharging the duty imposed by virtue of subsection (3A). \n3C) A person appointed by a local authority under subsection (3B) must be an officer employed by that authority or another local authority  .... \n4) Before making any decision with respect to a child whom they are looking after, or proposing to look after, a local authority shall, so far as is reasonably practicable, ascertain the wishes and feelings of— \n\ta) the child; \n\tb) his parents; \n\tc) any person who is not a parent of his but who has parental responsibility for him; and \n\td) any other person whose wishes and feelings the authority consider to be relevant, regarding the matter to be decided. \n5) In making any such decision a local authority shall give due consideration— \n\ta) having regard to his age and understanding, to such wishes and feelings of the child as they have been able to ascertain; \n\tb) to such wishes and feelings of any person mentioned in subsection (4)(b) to (d) as they have been able to ascertain; and \n\tc) to the child’s religious persuasion, racial origin and cultural and linguistic background. \n6) If it appears to a local authority that it is necessary, for the purpose of protecting members of the public from serious injury, to exercise their powers with respect to a child whom they are looking after in a manner which may not be consistent with their duties under this section, they may do so. \n7) If the Secretary of State considers it necessary, for the purpose of protecting members of the public from serious injury, to give directions to a local authority with respect to the exercise of their powers with respect to a child whom they are looking after, the Secretary of State may give such directions to the authority . \n8) Where any such directions are given to an authority they shall comply with them even though doing so is inconsistent with their duties under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22",
    "legislation_id": "ukpga/1989/41",
    "title": "General duty of local authority in relation to children looked after by them.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:06.057612Z",
    "text": "SCHEDULE 14 Transitionals and Savings Section 108(6). *Pending proceedings, etc.*\n\n1) \n1) Subject to sub-paragraphs (1A) and (4) , nothing in any provision of this Act (other than the repeals mentioned in sub-paragraph (2)) shall affect any proceedings which are pending immediately before the commencement of that provision. \n1A) Proceedings pursuant to section 7(2) of the Family Law Reform Act 1969 (committal of wards of court to care of local authority) or in the exercise of the High Court’s inherent jurisdiction with respect to children which are pending in relation to a child who has been placed or allowed to remain in the care of a local authority shall not be treated as pending proceedings after 13th October 1992 for the purposes of this Schedule if no final order has been made by that date pursuant to section 7(2) of the 1969 Act or in the exercise of the High Court’s inherent jurisdiction in respect of the child’s care. \n2) The repeals are those of— \n\ta) section 42(3) of the  Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); and \n\tb) section 38 of the  Sexual Offences Act 1956 (power of court to divest person of authority over girl or boy in cases of incest). \n3) For the purposes of the following provisions of this Schedule, any reference to an order in force immediately before the commencement of a provision of this Act shall be construed as including a reference to an order made after that commencement in proceedings pending before that commencement. \n4) Sub-paragraph (3) is not to be read as making the order in question have effect from a date earlier than that on which it was made. \n5) An order under section 96(3) may make such provision with respect to the application of the order in relation to proceedings which are pending when the order comes into force as the Lord Chancellor considers appropriate. \n2) Where, immediately before the day on which Part IV comes into force, there was in force an order under section 3(1) of the  Children and Young Persons Act 1963 (order directing a local authority to bring a child or young person before a youth court under section 1 of the Children and Young Persons Act 1969), the order shall cease to have effect on that day. *CUSTODY ORDERS, ETC.*\n *Cessation of declarations of unfitness, etc.*\n\n3) Where, immediately before the day on which Parts I and II come into force, there was in force— \n\ta) a declaration under section 42(3) of the Matrimonial Causes Act 1973 (declaration by court that party to marriage unfit to have custody of children of family); or \n\tb) an order under section 38(1) of the Sexual Offences Act 1956 divesting a person of authority over a girl or boy in a case of incest; the declaration or, as the case may be, the order shall cease to have effect on that day. *The Family Law Reform Act 1987 (c. 42)*\n *Conversion of orders under section 4*\n\n4) Where, immediately before the day on which Parts I and II come into force, there was in force an order under section 4(1) of the Family Law Reform Act 1987 (order giving father parental rights and duties in relation to a child), then, on and after that day, the order shall be deemed to be an order under section 4 of this Act giving the father parental responsibility for the child. *Orders to which paragraphs 6 to 11 apply*\n\n5) \n1) In paragraphs 6 to 11 “an existing order” means any order which— \n\ta) is in force immediately before the commencement of Parts I and II; \n\tb) was made under any enactment mentioned in sub-paragraph (2); \n\tc) determines all or any of the following— \n\t\ti) who is to have custody of a child; \n\t\tii) who is to have care and control of a child; \n\t\tiii) who is to have access to a child; (iv) any matter with respect to a child’s education or upbringing; and \n\td) is not an order of a kind mentioned in paragraph 15(1). \n2) The enactments are— \n\ta) the  Domestic Proceedings and Magistrates’ Courts Act 1978; \n\tb) the  Children Act 1975; \n\tc) the  Matrimonial Causes Act 1973; \n\td) the Guardianship of Minors Acts 1971 and 1973; \n\te) the  Matrimonial Causes Act 1965; \n\tf) the  Matrimonial Proceedings (Magistrates’ Courts) Act 1960. \n3) For the purposes of this paragraph and paragraphs 6 to 11 “custody” includes legal custody and joint as well as sole custody but does not include access. *Parental responsibility of parents*\n\n6) \n1) Where— \n\ta) a child’s father and mother were married to each other at the time of his birth; and \n\tb) there is an existing order with respect to the child, each parent shall have parental responsibility for the child in accordance with section 2 as modified by sub-paragraph (3). \n2) Where— \n\ta) a child’s father and mother were not married to each other at the time of his birth; and \n\tb) there is an existing order with respect to the child, section 2 shall apply as modified by sub-paragraphs (3) and (4). \n3) The modification is that for section 2(8) there shall be substituted— \n8) The fact that a person has parental responsibility for a child does not entitle him to act in a way which would be incompatible with any existing order or any order made under this Act with respect to the child . \n4) The modifications are that— \n\ta) for the purposes of section 2(2), where the father has custody or care and control of the child by virtue of any existing order, the court shall be deemed to have made (at the commencement of that section) an order under section 4(1) giving him parental responsibility for the child; and \n\tb) where by virtue of paragraph (a) a court is deemed to have made an order under section 4(1) in favour of a father who has care and control of a child by virtue of an existing order, the court shall not bring the order under section 4(1) to an end at any time while he has care and control of the child by virtue of the order. *Persons who are not parents but who have custody or care and control*\n\n7) \n1) Where a person who is not the parent or guardian of a child has custody or care and control of him by virtue of an existing order, that person shall have parental responsibility for him so long as he continues to have that custody or care and control by virtue of the order. \n2) Where sub-paragraph (1) applies, Parts I and II and paragraph 15 of Schedule I shall have effect as modified by this paragraph. \n3) The modifications are that— \n\ta) for section 2(8) there shall be substituted— \n\t8) The fact that a person has parental responsibility for a child does not entitle him to act in a way which would be incompatible with any existing order or with any order made under this Act with respect to the child ; \n\tb) at the end of section 10(4) there shall be inserted— \n\t\tc) any person who has custody or care and control of a child by virtue of any existing order ; and \n\tc) at the end of section 34(1)(c) there shall be inserted— \n\t\tcc) where immediately before the care order was made there was an existing order by virtue of which a person had custody or care and control of the child, that person. \n\td) for paragraph 15 of Schedule I there shall be substituted— \n\t15) Where a child lives with a person as the result of a custodianship order within the meaning of section 33 of the Children Act 1975, a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child so long as that person continues to have legal custody of that child by virtue of the order. *Persons who have care and control*\n\n8) \n1) Sub-paragraphs (2) to (6) apply where a person has care and control of a child by virtue of an existing order, but they shall cease to apply when that order ceases to have effect. \n2) Section 5 shall have effect as if— \n\ta) for any reference to a residence order in favour of a parent or guardian there were substituted a reference to any existing order by virtue of which the parent or guardian has care and control of the child; and \n\tb) for subsection (9) there were substituted— \n\t9) Subsections (1) and (7) do not apply if the existing order referred to in paragraph (b) of those subsections was one by virtue of which a surviving parent of the child also had care and control of him. \n3) Section 10 shall have effect as if for subsection (5)(c)(i) there were substituted— \n\t\ti) in any case where by virtue of an existing order any person or persons has or have care and control of the child, has the consent of that person or each of those persons . \n4) Section 20 shall have effect as if for subsection (9)(a) there were substituted “\n                    who has care and control of the child by virtue of an existing order.\"\n           ” \n5) Section 23 shall have effect as if for subsection (4)(c) there were substituted— \n\tc) where the child is in care and immediately before the care order was made there was an existing order by virtue of which a person had care and control of the child, that person. \n6) In Schedule 1, paragraphs 1(1) and 14(1) shall have effect as if for the words “in whose favour a residence order is in force with respect to the child\" there were substituted “\n                    who has been given care and control of the child by virtue of an existing order\"\n           ” . *Persons who have access*\n\n9) \n1) Sub-paragraphs (2) to (4) apply where a person has access by virtue of an existing order. \n2) Section 10 shall have effect as if after subsection (5) there were inserted— \n5A) Any person who has access to a child by virtue of an existing order is entitled to apply for a contact order. \n3) Section 16(2) shall have effect as if after paragraph (b) there were inserted— \n\tbb) any person who has access to the child by virtue of an existing order. \n4) Sections 43(11), 44(13) and 46(10), shall have effect as if in each case after paragraph (d) there were inserted— \n\tdd) any person who has been given access to him by virtue of an existing order. *Enforcement of certain existing orders*\n\n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Discharge of existing orders*\n\n11) \n1) The making of a residence order or a care order with respect to a child who is the subject of an existing order discharges the existing order. \n2) Where the court makes any section 8 order (other than a residence order) with respect to a child with respect to whom any existing order is in force, the existing order shall have effect subject to the section 8 order. \n3) The court may discharge an existing order which is in force with respect to a child— \n\ta) in any family proceedings relating to the child or in which any question arises with respect to the child’s welfare; or \n\tb) on the application of— \n\t\ti) any parent or guardian of the child; \n\t\tii) the child himself; or \n\t\tiii) any person named in the order. \n4) A child may not apply for the discharge of an existing order except with the leave of the court. \n5) The power in sub-paragraph (3) to discharge an existing order includes the power to discharge any part of the order \n6) In considering whether to discharge an order under the power conferred by sub-paragraph (3) the court shall, if the discharge of the order is opposed by any party to the proceedings, have regard in particular to the matters mentioned in section 1(3). *GUARDIANS*\n *Existing guardians to be guardians under this Act*\n\n12) \n1) Any appointment of a person as guardian of a child which— \n\ta) was made— \n\t\ti) under sections 3 to 5 of the  Guardianship of Minors Act 1971; \n\t\tii) under section 38(3) of the  Sexual Offences Act 1956; or \n\t\tiii) under the High Court’s inherent jurisdiction with respect to children; and \n\tb) has taken effect before the commencement of section 5, shall (subject to sub-paragraph (2)) be deemed, on and after the commencement of section 5, to be an appointment made and having effect under that section. \n2) Where an appointment of a person as guardian of a child has effect under section 5 by virtue of sub-paragraph (1)(a)(ii), the appointment shall not have effect for a period which is longer than any period specified in the order. *Appointment of guardian not yet in effect*\n\n13) Any appointment of a person to be a guardian of a child— \n\ta) which was made as mentioned in paragraph 12(1)(a)(i); but \n\tb) which, immediately before the commencement of section 5, had not taken effect, shall take effect in accordance with section 5 (as modified, where it applies, by paragraph 8(2)). *Persons deemed to be appointed as guardians under existing wills*\n\n14) For the purposes of the  Wills Act 1837 and of this Act any disposition by will and testament or devise of the custody and tuition of any child, made before the commencement of section 5 and paragraph 1 of Schedule 13, shall be deemed to be an appointment by will of a guardian of the child. *CHILDREN IN CARE*\n *Children in compulsory care*\n\n15) \n1) Sub-paragraph (2) applies where, immediately before the day on which Part IV comes into force, a person was— \n\ta) in care by virtue of— \n\t\ti) a care order under section 1 of the  Children and Young Persons Act 1969; \n\t\tii) a care order under section 15 of that Act, on discharging a supervision order made under section 1 of that Act; or \n\t\tiii) an order or authorisation under section 25 or 26 of that Act; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) in care— \n\t\ti) under section 2 of the  Child Care Act 1980; or \n\t\tii) by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of a child in care under section 2 to include children in care under section 1 of the  Children Act 1948), and a child in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force; \n\td) a child in respect of whom a resolution had been passed under section 65 of the Child Care Act 1980; \n\te) in care by virtue of an order under— \n\t\ti) section 2(1)(e) of the  Matrimonial Proceedings (Magistrates’ Courts) Act 1960; \n\t\tii) section 7(2) of the  Family Law Reform Act 1969; \n\t\tiii) section 43(1) of the  Matrimonial Causes Act 1973; or \n\t\tiv) section 2(2)(b) of the  Guardianship Act 1973; \n\t\tv) section 10 of the  Domestic Proceedings and Magistrates’ Courts Act 1978, (orders having effect for certain purposes as if the child had been received into care under section 2 of the Child Care Act 1980); \n\tf) in care by virtue of an order made, on the revocation of a custodianship order, under section 36 of the  Children Act 1975;  . . . \n\tg) in care by virtue of an order made, on the refusal of an adoption order, under section 26 of the  Adoption Act 1976 or any order having effect (by virtue of paragraph 1 of Schedule 2 to that Act) as if made under that section. ; or— \n\th) in care by virtue of an order of the court made in the exercise of the High Court’s inherent jurisdiction with respect to children, \n2) Where this sub-paragraph applies, then, on and after the day on which Part IV commences— \n\ta) the order or resolution in question shall be deemed to be a care order; \n\tb) the authority in whose care the person was immediately before that commencement shall be deemed to be the authority designated in that deemed care order; and \n\tc) any reference to a child in the care of a local authority shall include a reference to a person who is the subject of such a deemed care order, and the provisions of this Act shall apply accordingly, subject to paragraph 16. *Modifications*\n\n16) \n1) Sub-paragraph (2) only applies where a person who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(a)  . . . of that paragraph. \n2) Where the person would otherwise have remained in care until reaching the age of nineteen, by virtue of— \n\ta) section 20(3)(a) or 21(1) of the Children  and Young Persons Act 1969;  . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . this Act applies as if in section 91(12) for the word “eighteen\" there were substituted “\n                    nineteen\"\n           ” \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3A) Where in respect of a child who has been placed or allowed to remain in the care of a local authority pursuant to section 7(2) of the Family Law Reform Act 1969 or in the exercise of the High Court’s inherent jurisdiction and the child is still in the care of a local authority, proceedings have ceased by virtue of paragraph 1 (1A) to be treated as pending, paragraph 15(2) shall apply on 14th October 1992 as if the child was in care pursuant to an order as specified in paragraph 15(1)(e)(ii) or (h) as the case may be. \n4) Sub-paragraphs (5) and (6) only apply where a child who is the subject of a care order by virtue of paragraph 15(2) is a person falling within sub-paragraph (1)(e) to (h) of that paragraph. \n5) Subject to sub-paragraph (6), Where a court, on making the order, or at any time thereafter, gave directions - \n\ta) under section 4(4)(a) of the Guardianship Act 1973; \n\tb) under section 43(5)(a) of the Matrimonial Causes Act 1973; or \n\tc) in the exercise of the High Court’s inherent jurisdiction with respect to children, as to the exercise by the authority of any powers, those directions shall , subject to the provisions of section 25 of this Act and of any regulations made under that section, continue to have effect (regardless of any conflicting provision in this Act other than section 25 ) until varied or discharged by a court under this sub-paragraph. \n6) Where directions referred to in sub-paragraph (5) are to the effect that a child be placed in accommodation provided for the purpose of restricting liberty then the directions shall cease to have effect upon the expiry of the maximum period specified by regulations under section 25(2)(a) in relation to children of his description, calculated from 14th October 1991. *Cessation of wardship where ward in care*\n\n16A) \n-) Where a child who is a ward of court is in care by virtue of— \n\ta) an order under section 7(2) of the Family Law Reform Act 1969; or \n\tb) an order made in the exercise of the High Court’s inherent jurisdication with respect to children, he shall, on the day on which Part IV commences, cease to be a ward of court. \n2) Where immediately before the day on which Part IV commences a child was in the care of a local authority and as a result of an order— \n\ta) pursuant to section 7(2) of the Family Law Reform Act 1969; or \n\tb) made in the exercise of the High Court’s inherent jurisdiction with respect to children, continued to be in the care of a local authority and was made a ward of court, he shall on the day on which Part IV commences, cease to be a ward of court. \n3) Sub-paragraphs (1) and (2) do not apply in proceedings which are pending. *Children placed with parent etc. while in compulsory care*\n\n17) \n1) This paragraph applies where a child is deemed by paragraph 15 to be in the care of a local authority under an order or resolution which is deemed by that paragraph to be a care order. \n2) If, immediately before the day on which Part III comes into force, the child was allowed to be under the charge and control of— \n\ta) a parent or guardian under section 21(2) of the  Child Care Act 1980; or \n\tb) a person who, before the child was in the authority’s care, had care and control of the child by virtue of an order falling within paragraph 5, on and after that day the provision made by and under section 23(5) shall apply as if the child had been placed with the person in question in accordance with that provision. *Orders for access to children in compulsory care*\n\n18) \n1) This paragraph applies to any access order— \n\ta) made under section 12C of the Child Care Act 1980 (access orders with respect to children in care of local authorities); and \n\tb) in force immediately before the commencement of Part IV. \n2) On and after the commencement of Part IV, the access order shall have effect as an order made under section 34 in favour of the person named in the order. \n18A) \n1) This paragraph applies to any decision of a local authority to terminate arrangements for access or to refuse to make such arrangements— \n\ta) of which notice has been given under, and in accordance with, section 12B of the Child Care Act 1980 (termination of access); and \n\tb) which is in force immediately before the commencement of Part IV. \n2) On and after the commencement of Part IV, a decision to which this paragraph applies shall have effect as a court order made under section 34(4) authorising the local authority to refuse to allow contact between the child and the person to whom notice was given under section 12B of the Child Care Act 1980. \n19) \n1) This paragraph applies where, immediately before the commencement of Part IV, an access order made under section 12C of the Act of 1980 was suspended by virtue of an order made under section 12E of that Act (suspension of access orders in emergencies). \n2) The suspending order shall continue to have effect as if this Act had not been passed. \n3) If— \n\ta) before the commencement of Part IV; and \n\tb) during the period for which the operation of the access order is suspended, the local authority concerned made an application for its variation or discharge to an appropriate youth court , its operation shall be suspended until the date on which the application to vary or discharge it is determined or abandoned. *Children in voluntary care*\n\n20) \n1) This paragraph applies where, immediately before the day on which Part III comes into force— \n\ta) a child was in the care of a local authority— \n\t\ti) under section 2(1) of the Child Care  Act 1980; or \n\t\tii) by virtue of paragraph 1 of Schedule 4 to that Act (which extends the meaning of references to children in care under section 2 to include references to children in care under section 1 of the  Children Act 1948); and \n\tb) he was not a person in respect of whom a resolution under section 3 of the Act of 1980 or section 2 of the Act of 1948 was in force. \n2) Where this paragraph applies, the child shall, on and after the day mentioned in sub-paragraph (1), be treated for the purposes of this Act as a child who is provided with accommodation by the local authority under Part III, but he shall cease to be so treated once he ceases to be so accommodated in accordance with the provisions of Part III. \n3) Where— \n\ta) this paragraph applies; and \n\tb) the child, immediately before the day mentioned in sub-paragraph (1), was (by virtue of section 21(2) of the Act of 1980) under the charge and control of a person falling within paragraph 17(2)(a) or (b), the child shall not be treated for the purposes of this Act as if he were being looked after by the authority concerned. *Boarded out children*\n\n21) \n1) Where, immediately before the day on which Part III comes into force, a child in the care of a local authority— \n\ta) was— \n\t\ti) boarded out with a person under section 21(1)(a) of the Child Care Act 1980; or \n\t\tii) placed under the charge and control of a person, under section 21(2) of that Act; and \n\tb) the person with whom he was boarded out, or (as the case may be) placed, was not a person falling within paragraph 17(2)(a) or (b), on and after that day, he shall be treated (subject to sub-paragraph (2)) as having been placed with a local authority foster parent and shall cease to be so treated when he ceases to be placed with that person in accordance with the provisions of this Act. \n2) Regulations made under section 23(2)(a) shall not apply in relation to a person who is a local authority foster parent by virtue of sub-paragraph (1) before the end of the period of twelve months beginning with the day on which Part III comes into force and accordingly that person shall for that period be subject— \n\ta) in a case falling within sub-paragraph (1)(a)(i), to terms and regulations mentioned in section 21(1)(a) of the Act of 1980; and \n\tb) in a case falling within sub-paragraph (1)(a)(ii), to terms fixed under section 21(2) of that Act and regulations made under section 22A of that Act, as if that Act had not been repealed by this Act. *Children in care to qualify for advice and assistance*\n\n22) Any reference in Part III to a person qualifying for advice and assistance shall be construed as including a reference to a person within the area of the local authority in question who is under twenty-one and who was, at any time after reaching the age of sixteen but while still a child— \n\ta) a person falling within— \n\t\ti) any of paragraphs (a) to (h) of paragraph 15(1); or \n\t\tii) paragraph 20(1); or \n\tb) the subject of a criminal care order (within the meaning of paragraph 34). *Emigration of children in care*\n\n23) Where— \n\ta) the Secretary of State has received a request in writing from a local authority that he give his consent under section 24 of the Child  Care Act 1980 to the emigration of a child in their care; but \n\tb) immediately before the repeal of the Act of 1980 by this Act, he has not determined whether or not to give his consent, section 24 of the Act of 1980 shall continue to apply (regardless of that repeal) until the Secretary of State has determined whether or not to give his consent to the request. *Contributions for maintenance of children in care*\n\n24) \n1) Where, immediately before the day on which Part III of Schedule 2 comes into force, there was in force an order made (or having effect as if made) under any of the enactments mentioned in sub-paragraph (2), then, on and after that day— \n\ta) the order shall have effect as if made under paragraph 23(2) of Schedule 2 against a person liable to contribute; and \n\tb) Part III of Schedule 2 shall apply to the order, subject to the modifications in sub-paragraph (3). \n2) The enactments are— \n\ta) section 11(4) of the Domestic  Proceedings and Magistrates’ Courts Act 1978; \n\tb) section 26(2) of the  Adoption Act 1976; \n\tc) section 36(5) of the  Children Act 1975; \n\td) section 2(3) of the  Guardianship Act 1973; \n\te) section 2(1)(h) of the  Matrimonial Proceedings (Magistrates’ Courts) Act 1960, (provisions empowering the court to make an order requiring a person to make periodical payments to a local authority in respect of a child in care). \n3) The modifications are that, in paragraph 23 of Schedule 2— \n\ta) in sub-paragraph (4), paragraph (a) shall be omitted; \n\tb) for sub-paragraph (6) there shall be substituted— \n\t6) Where— \n\t\ta) a contribution order is in force; \n\t\tb) the authority serve a contribution notice under paragraph 22; and \n\t\tc) the contributor and the authority reach an agreement under paragraph 22(7) in respect of the contribution notice, the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect ; and \n\tc) at the end of sub-paragraph (10) there shall be inserted— and \n\t\tc) where the order is against a person who is not a parent of the child, shall be made with due regard to— \n\t\t\ti) whether that person had assumed responsibility for the maintenance of the child, and, if so, the extent to which and basis on which he assumed that responsibility and the length of the period during which he met that responsibility; \n\t\t\tii) whether he did so knowing that the child was not his child; \n\t\t\tiii) the liability of any other person to maintain the child. *SUPERVISION ORDERS*\n\n25) \n1) This paragraph applies to any supervision order— \n\ta) made— \n\t\ti) under section 1(3)(b) of the Children  and Young Persons Act 1969; or \n\t\tii) under section 21(2) of that Act on the discharge of a care order made under section 1(3)(c) of that Act; and \n\tb) in force immediately before the commencement of Part IV. \n2) On and after the commencement of Part IV, the order shall be deemed to be a supervision order made under section 31 and— \n\ta) any requirement of the order that the child reside with a named individual shall continue to have effect while the order remains in force, unless the court otherwise directs; \n\tb) any other requirement imposed by the court, or directions given by the supervisor, shall be deemed to have been imposed or given under the appropriate provisions of Schedule 3. \n3) Where, immediately before the commencement of Part IV, the order had been in force for a period of six months or more , it shall cease to have effect at the end of the period of six months beginning with the day on which Part IV comes into force unless— \n\ta) the court directs that it shall cease to have effect at the end of a different period (which shall not exceed three years); \n\tb) it ceases to have effect earlier in accordance with section 91; or \n\tc) it would have ceased to have had effect earlier had this Act not been passed. \n4) Where sub-paragraph (3) applies, paragraph 6 of Schedule 3 shall not apply. \n5) Where, immediately before the commencement of Part IV, the order had been in force for less than six months it shall cease to have effect in accordance with section 91 and paragraph 6 of Schedule 3 unless— \n\ta) the court directs that it shall cease to have effect at the end of a different period (which shall not exceed three years); or \n\tb) it would have ceased to have had effect earlier had this Act not been passed. *Other supervision orders*\n\n26) \n1) This paragraph applies to any order for the supervision of a child which was in force immediately before the commencement of Part IV and was made under— \n\ta) section 2(1)(f) of the Matrimonial  Proceedings (Magistrates Courts) Act 1960; \n\tb) section 7(4) of the  Family Law Reform Act 1969; \n\tc) section 44 of the  Matrimonial Causes Act 1973; \n\td) section 2(2)(a) of the  Guardianship Act 1973; \n\te) section 34(5) or 36(3)(b) of the  Children Act 1975; \n\tf) section 26(1)(a) of the  Adoption Act 1976; or \n\tg) section 9 of the  Domestic Proceedings and Magistrates Courts Act 1978. \n2) The order shall not be deemed to be a supervision order made under any provision of this Act but shall nevertheless continue in force for a period of one year beginning with the day on which Part IV comes into force unless— \n\ta) the court directs that it shall cease to have effect at the end of a lesser period; or \n\tb) it would have ceased to have had effect earlier had this Act not been passed. *Place of safety orders*\n\n27) \n1) This paragraph applies to— \n\ta) any order or warrant authorising the removal of a child to a place of safety which— \n\t\ti) was made, or issued, under any of the enactments mentioned in sub-paragraph (2); and \n\t\tii) was in force immediately before the commencement of Part IV; and \n\tb) any interim order made under section 23(5) of the Children  and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act  1969. \n2) The enactments are— \n\ta) section 40 of the  Children and Young Persons Act 1933 (warrant to search for or remove child); \n\tb) section 28(1) of the  Children and Young Persons Act 1969 (detention of child in place of safety); \n\tc) section 34(1) of the  Adoption Act 1976 (removal of protected children from unsuitable surroundings); \n\td) section 12(1) of the  Foster Children Act 1980 (removal of foster children kept in unsuitable surroundings). \n3) The order or warrant shall continue to have effect as if this Act had not been passed. \n4) Any enactment repealed by this Act shall continue to have effect in relation to the order or warrant so far as is necessary for the purposes of securing that the effect of the order is what it would have been had this Act not been passed. \n5) Sub-paragraph (4) does not apply to the power to make an interim order or further interim order given by section 23(5) of the  Children and Young Persons Act 1963 or section 28(6) of the Children and Young Persons Act 1969. \n6) Where, immediately before section 28 of the Children and Young Persons Act 1969 is repealed by this Act, a child is being detained under the powers granted by that section, he may continue to be detained in accordance with that section but subsection (6) shall not apply. *Recovery of children*\n\n28) The repeal by this Act of subsection (1) of section 16 of the  Child Care Act 1980 (arrest of child absent from compulsory care) shall not affect the operation of that section in relation to any child arrested before the coming into force of the repeal. \n29) \n1) This paragraph applies where— \n\ta) a summons has been issued under section 15 or 16 of the Child Care Act 1980 (recovery of children in voluntary or compulsory care); and \n\tb) the child concerned is not produced in accordance with the summons before the repeal of that section by this Act comes into force. \n2) The summons, any warrant issued in connection with it and section 15 or (as the case may be) section 16, shall continue to have effect as if this Act had not been passed. \n30) The amendment by paragraph 27 of Schedule 12 of section 32 of the Children and Young Persons Act 1969 (detention of absentees) shall not affect the operation of that section in relation to— \n\ta) any child arrested; or \n\tb) any summons or warrant issued, under that section before the coming into force of that paragraph. *Voluntary organisations: Parental rights resolutions*\n\n31) \n1) This paragraph applies to a resolution— \n\ta) made under section 64 of the Child Care Act 1980 (transfer of parental rights and duties to voluntary organisations); and \n\tb) in force immediately before the commencement of Part IV. \n2) The resolution shall continue to have effect until the end of the period of six months beginning with the day on which Part IV comes into force unless it is brought to an end earlier in accordance with the provisions of the Act of 1980 preserved by this paragraph. \n3) While the resolution remains in force, any relevant provisions of, or made under, the Act of 1980 shall continue to have effect with respect to it. \n4) Sub-paragraph (3) does not apply to— \n\ta) section 62 of the Act of 1980 and any regulations made under that section (arrangements by voluntary organisations for emigration of children); or \n\tb) section 65 of the Act of 1980 (duty of local authority to assume parental rights and duties). \n5) Section 5(2) of the Act of 1980 (which is applied to resolutions under Part VI of that Act by section 64(7) of that Act) shall have effect with respect to the resolution as if the reference in paragraph (c) to an appointment of a guardian under section 5 of the  Guardianship of Minors Act 1971 were a reference to an appointment of a guardian under section 5 of this Act. *Foster children*\n\n32) \n1) This paragraph applies where— \n\ta) immediately before the commencement of Part VIII, a child was a foster child within the meaning of the  Foster Children Act 1980; and \n\tb) the circumstances of the case are such that, had Parts VIII and IX then been in force, he would have been treated for the purposes of this Act as a child who was being provided with accommodation in a children’s home and not as a child who was being privately fostered. \n2) If the child continues to be cared for and provided with accommodation as before, section 63(1) and (10) shall not apply in relation to him if— \n\ta) an application for registration of the home in question is made under section 63 before the end of the period of three months beginning with the day on which Part VIII comes into force; and \n\tb) the application has not been refused or, if it has been refused— \n\t\ti) the period for an appeal against the decision has not expired; or \n\t\tii) an appeal against the refusal has been made but has not been determined or abandoned. \n3) While section 63(1) and (10) does not apply, the child shall be treated as a privately fostered child for the purposes of Part IX. *Nurseries and child minding*\n\n33) \n1) Sub-paragraph (2) applies where, immediately before the commencement of Part X, any premises are registered under section 1(1)(a) of the  Nurseries and Child-Minders Regulation Act 1948 (registration of premises, other than premises wholly or mainly used as private dwellings, where children are received to be looked after). \n2) During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to those premises to the exclusion of Part X. \n3) Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering any person under section 71(1)(b) with respect to the premises. \n4) In this paragraph “the transitional period” means the period ending with— \n\ta) the first anniversary of the commencement of Part X; or \n\tb) if earlier, the date on which the local authority concerned registers any person under section 71(1)(b) with respect to the premises. \n34) \n1) Sub-paragraph (2) applies where, immediately before the commencement of Part X— \n\ta) a person is registered under section 1(1)(b) of the Act of 1948 (registration of persons who for reward receive into their homes children under the age of five to be looked after); and \n\tb) all the children looked after by him as mentioned in section 1(1)(b) of that Act are under the age of five. \n2) During the transitional period, the provisions of the Act of 1948 shall continue to have effect with respect to that person to the exclusion of Part X. \n3) Nothing in sub-paragraph (2) shall prevent the local authority concerned from registering that person under section 71(1)(a). \n4) In this paragraph “the transitional period” means the period ending with— \n\ta) the first anniversary of the commencement of Part X; or \n\tb) if earlier, the date on which the local authority concerned registers that person under section 71(1)(a). *Children accommodated in certain establishments*\n\n35) In calculating, for the purposes of section 85(1)(a) or 86(1)(a), the period of time for which a child has been accommodated any part of that period which fell before the day on which that section came into force shall be disregarded. *Criminal care orders*\n\n36) \n1) This paragraph applies where, immediately before the commencement of section 90(2) there was in force an order (“a criminal care order\") made— \n\ta) under section 7(7)(a) of the  Children and Young Persons Act 1969 (alteration in treatment of young offenders etc.); or \n\tb) under section 15(1) of that Act, on discharging a supervision order made under section 7(7)(b) of that Act. \n2) The criminal care order shall continue to have effect until the end of the period of six months beginning with the day on which section 90(2) comes into force unless it is brought to an end earlier in accordance with— \n\ta) the provisions of the Act of 1969 preserved by sub-paragraph (3)(a); or \n\tb) this paragraph. \n3) While the criminal care order remains in force, any relevant provisions— \n\ta) of the Act of 1969; and \n\tb) of the  Child Care Act 1980, shall continue to have effect with respect to it. \n4) While the criminal care order remains in force, a court may, on the application of the appropriate person, make— \n\ta) a residence order; \n\tb) a care order or a supervision order under section 31; \n\tc) an education supervision order under section 36 (regardless of subsection (6) of that section); or \n\td) an order falling within sub-paragraph (5), and shall, on making any of those orders, discharge the criminal care order. \n5) The order mentioned in sub-paragraph (4)(d) is an order having effect as if it were a supervision order of a kind mentioned in section 12AA of the Act of 1969 (as inserted by paragraph 23 of Schedule 12), that is to say, a supervision order— \n\ta) imposing a requirement that the child shall live for a specified period in local authority accommodation; but \n\tb) in relation to which the conditions mentioned in subsection (6) of section 12AA are not required to be satisfied. \n6) The maximum period which may be specified in an order made under sub-paragraph (4)(d) is six months and such an order may stipulate that the child shall not live with a named person. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) In sub-paragraph (4) “appropriate person” means— \n\ta) in the case of an application for a residence order, any person (other than a local authority) who has the leave of the court; \n\tb) in the case of an application for an education supervision order, a local education authority; and \n\tc) in any other case, the local authority to whose care the child was committed by the order. *MISCELLANEOUS*\n *Consents under the Marriage Act 1949 (c. 76)*\n\n37) \n1) In the circumstances mentioned in sub-paragraph (2), section 3 of and Schedule 2 to the Marriage Act 1949 (consents to marry) shall continue to have effect regardless of the amendment of that Act by paragraph 5 of Schedule 12. \n2) The circumstances are that— \n\ta) immediately before the day on which paragraph 5 of Schedule 12 comes into force, there is in force— \n\t\ti) an existing order, as defined in paragraph 5(1); or \n\t\tii) an order of a kind mentioned in paragraph 16(1); and \n\tb) section 3 of and Schedule 2 to the Act of 1949 would, but for this Act, have applied to the marriage of the child who is the subject of the order. *The Children Act 1975 (c. 72)*\n\n38) The amendments of other enactments made by the following provisions of the Children Act 1975 shall continue to have effect regardless of the repeal of the Act of 1975 by this Act— \n\ta) section 68(4), (5) and (7) (amendments of section 32 of the  Children and Young Persons Act 1969); and \n\tb) in Schedule 3— \n\t\ti) paragraph 13 (amendments of  Births and Deaths Registration Act 1953); \n\t\tii) paragraph 43 (amendment of  Perpetuities and Accumulations Act 1964); \n\t\tiii) paragraphs 46 and 47 (amendments of  Health Services and Public Health Act 1968); and \n\t\tiv) paragraph 77 (amendment of  Parliamentary and Other Pensions Act 1972). *The Child Care Act 1980 (c. 5)*\n\n39) The amendment made to section 106(2)(a) of the  Children and Young Persons Act 1933 by paragraph 26 of Schedule 5 to the Child Care Act 1980 shall continue to have effect regardless of the repeal of the Act of 1980 by this Act. *Legal aid*\n\n40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/14",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/14",
    "legislation_id": "ukpga/1989/41",
    "title": "Transitionals and Savings",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
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    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.296440Z",
    "text": "Section 31) **Care and Supervision**\n\n1) On the application of any local authority or authorised person, the court may make an order— \n\ta) placing the child with respect to whom the application is made in the care of a designated local authority; or \n\tb) putting him under the supervision of a designated local authority  . . .. \n2) A court may only make a care order or supervision order if it is satisfied— \n\ta) that the child concerned is suffering, or is likely to suffer, significant harm; and \n\tb) that the harm, or likelihood of harm, is attributable to— \n\t\ti) the care given to the child, or likely to be given to him if the order were not made, not being what it would be reasonable to expect a parent to give to him; or \n\t\tii) the child’s being beyond parental control. \n3) No care order or supervision order may be made with respect to a child who has reached the age of seventeen (or sixteen, in the case of a child who is married). \n3A) A court deciding whether to make a care order— \n\ta) is required to consider the permanence provisions of the section 31A plan for the child concerned, but \n\tb) is not required to consider the remainder of the section 31A plan, subject to section 34(11). \n3B) For the purposes of subsection (3A), the permanence provisions of a section 31A plan are— \n\ta) such of the plan's provisions setting out the long-term plan for the upbringing of the child concerned as provide for any of the following— \n\t\ti) the child to live with any parent of the child's or with any other member of, or any friend of, the child's family; \n\t\tii) adoption; \n\t\tiii) long-term care not within sub-paragraph (i) or (ii); \n\tb) such of the plan's provisions as set out any of the following— \n\t\ti) the impact on the child concerned of any harm that he or she suffered or was likely to suffer; \n\t\tii) the current and future needs of the child (including needs arising out of that impact); \n\t\tiii) the way in which the long-term plan for the upbringing of the child would meet those current and future needs. \n3C) The Secretary of State may by regulations amend this section for the purpose of altering what for the purposes of subsection (3A) are the permanence provisions of a section 31A plan. \n4) An application under this section may be made on its own or in any other family proceedings. \n5) The court may— \n\ta) on an application for a care order, make a supervision order; \n\tb) on an application for a supervision order, make a care order. \n6) Where an authorised person proposes to make an application under this section he shall— \n\ta) if it is reasonably practicable to do so; and \n\tb) before making the application, consult the local authority appearing to him to be the authority in whose area the child concerned is ordinarily resident. \n7) An application made by an authorised person shall not be entertained by the court if, at the time when it is made, the child concerned is— \n\ta) the subject of an earlier application for a care order, or supervision order, which has not been disposed of; or \n\tb) subject to— \n\t\ti) a care order or supervision order; \n\t\tii) a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code ; or \n\t\tiii) a compulsory supervision order or interim compulsory supervision order as defined by sections 83 and 86 of the Children’s Hearings (Scotland) Act  2011. \n8) The local authority designated in a care order must be— \n\ta) the authority within whose area the child is ordinarily resident; or \n\tb) where the child does not reside in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the order is being made. \n9) In this section— \n\t- “authorised person” means— the National Society for the Prevention of Cruelty to Children and any of its officers; andany person authorised by order of the Secretary of State to bring proceedings under this section and any officer of a body which is so authorised;\n\t- “harm” means ill-treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill-treatment of another ;\n\t- “development” means physical, intellectual, emotional, social or behavioural development;\n\t- “health” means physical or mental health; and\n\t- “ill-treatment” includes sexual abuse and forms of ill-treatment which are not physical.\n10) Where the question of whether harm suffered by a child is significant turns on the child’s health or development, his health or development shall be compared with that which could reasonably be expected of a similar child. \n11) In this Act— \n\t- “a care order” means (subject to section 105(1)) an order under subsection (1)(a) and (except where express provision to the contrary is made) includes an interim care order made under section 38; and\n\t- “a supervision order” means an order under subsection (1)(b) and (except where express provision to the contrary is made) includes an interim supervision order made under section 38.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/31",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/31",
    "legislation_id": "ukpga/1989/41",
    "title": "Care and Supervision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 31,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.946235Z",
    "text": "SCHEDULE 7 Foster Parents: Limits on Number of Foster Children Section 63(12). *Interpretation*\n\n1) For the purposes of this Schedule, a person fosters a child if— \n\ta) he is a local authority foster parent in relation to the child; \n\tb) he is a foster parent with whom the child has been placed by a voluntary organisation; or \n\tc) he fosters the child privately. *The usual fostering limit*\n\n2) Subject to what follows, a person may not foster more than three children (“the usual fostering limit\"). *Siblings*\n\n3) A person may exceed the usual fostering limit if the children concerned are all siblings with respect to each other. *Exemption by local authority*\n\n4) \n1) A person may exceed the usual fostering limit if he is exempted from it by the local authority within whose area he lives. \n2) In considering whether to exempt a person, a local authority shall have regard, in particular, to— \n\ta) the number of children whom the person proposes to foster; \n\tb) the arrangements which the person proposes for the care and accommodation of the fostered children; \n\tc) the intended and likely relationship between the person and the fostered children; \n\td) the period of time for which he proposes to foster the children; and \n\te) whether the welfare of the fostered children (and of any other children who are or will be living in the accommodation) will be safeguarded and promoted. \n3) Where a local authority exempt a person, they shall inform him by notice in writing— \n\ta) that he is so exempted; \n\tb) of the children, described by name, whom he may foster; and \n\tc) of any condition to which the exemption is subject. \n4) A local authority may at any time by notice in writing— \n\ta) vary or cancel an exemption; or \n\tb) impose, vary or cancel a condition to which the exemption is subject, and, in considering whether to do so, they shall have regard in particular to the considerations mentioned in sub-paragraph (2). \n5) The Secretary of State may make regulations amplifying or modifying the provisions of this paragraph in order to provide for cases where children need to be placed with foster parents as a matter of urgency. *Effect of exceeding fostering limit*\n\n5) \nA1) This paragraph applies to a person fostering in England. \n1) A person shall cease to be treated , for the purposes of this Act and the Care Standards Act 2000 as fostering and shall be treated , for the purposes of this Act and the Care Standards Act 2000 as carrying on a children’s home if— \n\ta) he exceeds the usual fostering limit; or \n\tb) where he is exempted under paragraph 4,— \n\t\ti) he fosters any child not named in the exemption; and \n\t\tii) in so doing, he exceeds the usual fostering limit. \n2) Sub-paragraph (1) does not apply if the children concerned are all siblings in respect of each other. \n5A) \n1) This paragraph applies to a person (P) fostering in Wales. \n2) Sub-paragraph (3) applies where— \n\ta) P exceeds the usual fostering limit and is not exempted under paragraph 4; \n\tb) P is exempted under paragraph 4 and exceeds the usual fostering limit by fostering a child not named in the exemption. \n3) Where this paragraph applies, P is not to be treated as fostering and is to be treated for the purposes of the Regulation and Inspection of Social Care (Wales) Act 2016 as providing a care home service. \n4) But sub-paragraph (3) does not apply if the children fostered are all siblings in respect of each other. *Complaints etc.*\n\n6) \n1) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them about the discharge of their functions under paragraph 4 by a person exempted or seeking to be exempted under that paragraph. \n2) In carrying out any consideration of representations under sub-paragraph (1), a local authority shall comply with any regulations made by the Secretary of State for the purposes of this paragraph. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/7",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/7",
    "legislation_id": "ukpga/1989/41",
    "title": "Foster Parents: Limits on Number of Foster Children",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.146179Z",
    "text": "Section 20) **Provision of accommodation for children: general.**\n\n1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of— \n\ta) there being no person who has parental responsibility for him; \n\tb) his being lost or having been abandoned; or \n\tc) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care. \n2) Where a local authority provide accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within— \n\ta) three months of being notified in writing that the child is being provided with accommodation; or \n\tb) such other longer period as may be prescribed in regulations made by the Secretary of State . \n2A) Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc. ) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within— \n\ta) three months of being notified in writing that the child is being provided with accommodation; or \n\tb) such other longer period as may be prescribed in regulations made by the Secretary of State. \n3) Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation. \n4) A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare. \n5) A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare. \n6) Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— \n\ta) ascertain the child’s wishes and feelings regarding the provision of accommodation; and \n\tb) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain. \n7) A local authority may not provide accommodation under this section for any child if any person who— \n\ta) has parental responsibility for him; and \n\tb) is willing and able to— \n\t\ti) provide accommodation for him; or \n\t\tii) arrange for accommodation to be provided for him, objects. \n8) Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section. \n9) Subsections (7) and (8) do not apply while any person— \n\ta) who is named in a child arrangements order as a person with whom the child is to live; \n\taa) who is a special guardian of the child; or \n\tb) who has care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children, agrees to the child being looked after in accommodation provided by or on behalf of the local authority. \n10) Where there is more than one such person as is mentioned in subsection (9), all of them must agree. \n11) Subsections (7) and (8) do not apply where a child who has reached the age of sixteen agrees to being provided with accommodation under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/20",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/20",
    "legislation_id": "ukpga/1989/41",
    "title": "Provision of accommodation for children: general.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.246562Z",
    "text": "Section 25) **Use of accommodation for restricting liberty.**\n\n1) Subject to the following provisions of this section, a child who is being looked after by a local authority in England or Wales may not be placed, and, if placed, may not be kept, in accommodation in England or Scotland provided for the purpose of restricting liberty (“secure accommodation”) unless it appears— \n\ta) that— \n\t\ti) he has a history of absconding and is likely to abscond from any other description of accommodation; and \n\t\tii) if he absconds, he is likely to suffer significant harm; or \n\tb) that if he is kept in any other description of accommodation he is likely to injure himself or other persons. \n2) The Secretary of State may by regulations— \n\ta) specify a maximum period— \n\t\ti) beyond which a child may not be kept in secure accommodation in England or Scotland without the authority of the court; and \n\t\tii) for which the court may authorise a child to be kept in secure accommodation in England or Scotland ; \n\tb) empower the court from time to time to authorise a child to be kept in secure accommodation in England or Scotland for such further period as the regulations may specify; and \n\tc) provide that applications to the court under this section shall be made only by local authorities. in England or Wales \n3) It shall be the duty of a court hearing an application under this section to determine whether any relevant criteria for keeping a child in secure accommodation are satisfied in his case. \n4) If a court determines that any such criteria are satisfied, it shall make an order authorising the child to be kept in secure accommodation and specifying the maximum period for which he may be so kept. \n5) On any adjournment of the hearing of an application under this section, a court may make an interim order permitting the child to be kept during the period of the adjournment in secure accommodation. \n5A) Where a local authority in England or Wales are authorised under this section to keep a child in secure accommodation in Scotland, the person in charge of the accommodation may restrict the child’s liberty to the extent that the person considers appropriate, having regard to the terms of any order made by a court under this section. \n6) No court shall exercise the powers conferred by this section in respect of a child who is not legally represented in that court unless, having been informed of his right to apply for the provision of representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and having had the opportunity to do so, he refused or failed to apply. \n7) The Secretary of State may by regulations provide that— \n\ta) this section shall or shall not apply to any description of children specified in the regulations; \n\tb) this section shall have effect in relation to children of a description specified in the regulations subject to such modifications as may be so specified; \n\tc) such other provisions as may be so specified shall have effect for the purpose of determining whether a child of a description specified in the regulations may be placed or kept in secure accommodation in England or Scotland . \n\td) a child may only be placed in secure accommodation that is of a description specified in the regulations (and the description may in particular be framed by reference to whether the accommodation, or the person providing it, has been approved by the Secretary of State or the Scottish Ministers). \n8) The giving of an authorisation under this section shall not prejudice any power of any court in England and Wales or Scotland to give directions relating to the child to whom the authorisation relates. \n8A) Sections 168 and 169(1) to (4) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (enforcement and absconding) apply in relation to an order under subsection (4) above as they apply in relation to the orders mentioned in section 168(3) or 169(1)(a) of that Act. \n9) This section is subject to section 20(8). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/25",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/25",
    "legislation_id": "ukpga/1989/41",
    "title": "Use of accommodation for restricting liberty.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.314392Z",
    "text": "Section 33) **Effect of care order.**\n\n1) Where a care order is made with respect to a child it shall be the duty of the local authority designated by the order to receive the child into their care and to keep him in their care while the order remains in force. \n2) Where— \n\ta) a care order has been made with respect to a child on the application of an authorised person; but \n\tb) the local authority designated by the order was not informed that that person proposed to make the application, the child may be kept in the care of that person until received into the care of the authority. \n3) While a care order is in force with respect to a child, the local authority designated by the order shall— \n\ta) have parental responsibility for the child; and \n\tb) have the power (subject to the following provisions of this section) to determine the extent to which — \n\t\ti) a parent, guardian or special guardian of the child; or \n\t\tii) a person who by virtue of section 4A has parental responsibility for the child, may meet his parental responsibility for him. \n4) The authority may not exercise the power in subsection (3)(b) unless they are satisfied that it is necessary to do so in order to safeguard or promote the child’s welfare. \n5) Nothing in subsection (3)(b) shall prevent a person mentioned in that provision who has care of the child from doing what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting his welfare. \n6) While a care order is in force with respect to a child, the local authority designated by the order shall not— \n\ta) cause the child to be brought up in any religious persuasion other than that in which he would have been brought up if the order had not been made; or \n\tb) have the right— \n\t\ti)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\t\tii) to agree or refuse to agree to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002 , with respect to the child; or \n\t\tiii) to appoint a guardian for the child. \n7) While a care order is in force with respect to a child, no person may— \n\ta) cause the child to be known by a new surname; or \n\tb) remove him from the United Kingdom, without either the written consent of every person who has parental responsibility for the child or the leave of the court. \n8) Subsection (7)(b) does not— \n\ta) prevent the removal of such a child, for a period of less than one month, by the authority in whose care he is; or \n\tb) apply to arrangements for such a child to live outside England and Wales (which are governed by paragraph 19 of Schedule 2 in England, and section 124 of the Social Services and Well-being (Wales) Act 2014 in Wales ). \n9) The power in subsection (3)(b) is subject (in addition to being subject to the provisions of this section) to any right, duty, power, responsibility or authority which a person mentioned in that provision has in relation to the child and his property by virtue of any other enactment. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/33",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/33",
    "legislation_id": "ukpga/1989/41",
    "title": "Effect of care order.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 33,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.523456Z",
    "text": "Section 67) **Welfare of privately fostered children.**\n\n1) It shall be the duty of every local authority to satisfy themselves that the welfare of children who are or are proposed to be privately fostered within their area is being or will be satisfactorily safeguarded and promoted and to secure that such advice is given to those concerned with them as appears to the authority to be needed. \n2) The Secretary of State may make regulations— \n\ta) requiring every child who is privately fostered within a local authority’s area to be visited by an officer of the authority— \n\t\ti) in prescribed circumstances; and \n\t\tii) on specified occasions or within specified periods; and \n\tb) imposing requirements which are to be met by any local authority, or officer of a local authority, in carrying out functions under this section. \n2A) Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered. \n3) Where any person who is authorised by a local authority to visit for the purpose has reasonable cause to believe that— \n\ta) any privately fostered child is being accommodated in premises within the authority’s area; or \n\tb) it is proposed to accommodate any such child in any such premises, he may at any reasonable time inspect those premises and any children there. \n4) Any person exercising the power under subsection (3) shall, if so required, produce some duly authenticated document showing his authority to do so. \n5) Where a local authority are not satisfied that the welfare of any child who is or is proposed to be privately fostered within their area is being or will be satisfactorily safeguarded or promoted they shall— \n\ta) unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by— \n\t\ti) a parent of his; \n\t\tii) any person who is not a parent of his but who has parental responsibility for him; or \n\t\tiii) a relative of his; and \n\tb) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child. \n6) The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/67",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/67",
    "legislation_id": "ukpga/1989/41",
    "title": "Welfare of privately fostered children.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 67,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.503041Z",
    "text": "Section 62) **Duties of local authorities.**\n\n1) Every local authority shall satisfy themselves that any voluntary organisation providing accommodation— \n\ta) within the authority’s area for any child; or \n\tb) outside that area for any child on behalf of the authority, are satisfactorily safeguarding and promoting the welfare of the children so provided with accommodation. \n2) Every local authority shall arrange for children who are accommodated within their area by or on behalf of voluntary organisations to be visited, from time to time, in the interests of their welfare. \n3) The appropriate national authority may make regulations— \n\ta) requiring every child who is accommodated within a local authority’s area, by or on behalf of a voluntary organisation, to be visited by an officer of the authority— \n\t\ti) in prescribed circumstances; and \n\t\tii) on specified occasions or within specified periods; and \n\tb) imposing requirements which must be met by any local authority, or officer of a local authority, carrying out functions under this section. \n4) Subsection (2) does not apply in relation to community homes. \n5) Where a local authority are not satisfied that the welfare of any child who is accommodated by or on behalf of a voluntary organisation is being satisfactorily safeguarded or promoted they shall— \n\ta) unless they consider that it would not be in the best interests of the child, take such steps as are reasonably practicable to secure that the care and accommodation of the child is undertaken by— \n\t\ti) a parent of his; \n\t\tii) any person who is not a parent of his but who has parental responsibility for him; or \n\t\tiii) a relative of his; and \n\tb) consider the extent to which (if at all) they should exercise any of their functions with respect to the child. \n6) Any person authorised by a local authority may, for the purpose of enabling the authority to discharge their duties under this section— \n\ta) enter, at any reasonable time, and inspect any premises in which children are being accommodated as mentioned in subsection (1) or (2); \n\tb) inspect any children there; \n\tc) require any person to furnish him with such records of a kind required to be kept by regulations made under section 22 of the Care Standards Act 2000 or section 20 of the Health and Social Care Act 2008 , or section 27 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) (in whatever form they are held), or allow him to inspect such records, as he may at any time direct. \n7) Any person exercising the power conferred by subsection (6) shall, if asked to do so, produce some duly authenticated document showing his authority to do so. \n8) Any person authorised to exercise the power to inspect records conferred by subsection (6)— \n\ta) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and \n\tb) may require— \n\t\ti) the person by whom or on whose behalf the computer is or has been so used; or \n\t\tii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require. \n9) Any person who intentionally obstructs another in the exercise of any power conferred by subsection (6) or (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n10) This section does not apply in relation to any voluntary organisation which is an institution within the further education sector, as defined in section 91 of the  Further and Higher Education Act 1992, a 16 to 19 Academy or a school. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/62",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/62",
    "legislation_id": "ukpga/1989/41",
    "title": "Duties of local authorities.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 62,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.139215Z",
    "text": "Section 19) **Review of provision for day care, child minding etc.**\n\n1) Every local authority in England and Wales shall review— \n\ta) the provision which they make under section 18; \n\tb) the extent to which the services of child minders are available within their area with respect to children under the age of eight; and \n\tc) the provision for day care within their area made for children under the age of eight by persons other, than the authority, required to register under Part XA . \n2) A review under subsection (1) shall be conducted— \n\ta) together with the appropriate local education authority; and \n\tb) at least once in every review period. \n3) Every local authority in Scotland shall, at least once in every review period, review— \n\ta) the provision for day care within their area made for children under the age of eight by the local authority and by persons required to register under section 71(1)(b); and \n\tb) the extent to which the services of child minders are available within their area with respect to children under the age of eight. \n4) In conducting any such review, the two authorities or, in Scotland, the authority shall have regard to the provision made with respect to children under the age of eight in relevant establishments within their area. \n5) In this section— \n\t- “relevant establishment” means— in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); andin relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);\n\t- “review period” means the period of one year beginning with the commencement of this section and each subsequent period of three years beginning with an anniversary of that commencement.\n6) Where a local authority have conducted a review under this section they shall publish the result of the review— \n\ta) as soon as is reasonably practicable; \n\tb) in such form as they consider appropriate; and \n\tc) together with any proposals they may have with respect to the matters reviewed. \n7) The authorities conducting any review under this section shall have regard to— \n\ta) any representations made to any one of them by any relevant Health Authority, Special Health Authority , Primary Care Trust or health board; and \n\tb) any other representations which they consider to be relevant. \n8) In the application of this section to Scotland, “day care” has the same meaning as in section 79 and “health board” has the same meaning as in the  National Health Service (Scotland) Act 1978. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/19",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/19",
    "legislation_id": "ukpga/1989/41",
    "title": "Review of provision for day care, child minding etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.630886Z",
    "text": "Section 86A) **Visitors for children notified to local authority ...**\n\n1) This section applies if the appropriate officer of a local authority in England — \n\ta) has been notified with respect to a child under section 85(1) or 86(1) “, or under section 120(2)(a) of the Social Services and Well-being (Wales) Act 2014 ; and \n\tb) has not been notified with respect to that child under section 85(2) , 86(2), or under section 120(2)(b) of the Social Services and Well-being (Wales) Act 2014, as the case may be . \n2) The local authority must, in accordance with regulations made under this section, make arrangements for the child to be visited by a representative of the authority (“a representative”). \n3) It is the function of a representative to provide advice and assistance to the local authority on the performance of their duties under section 85(4) or, as the case may be, 86(3). \n4) Regulations under this section may make provision about— \n\ta) the frequency of visits under visiting arrangements; \n\tb) circumstances in which visiting arrangements must require a child to be visited; and \n\tc) additional functions of a representative. \n5) Regulations under this section are to be made by the Secretary of State ... . \n6) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative. \n7) In this section  “visiting arrangements” means arrangements made under subsection (2). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/86A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/86A",
    "legislation_id": "ukpga/1989/41",
    "title": "Visitors for children notified to local authority ...",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.115091Z",
    "text": "Section 17ZH) **Section 17 services: transition for children to adult care and support**\n\n1) Subsections (2) to (4) apply where a local authority  ... providing services for a child in need in the exercise of functions conferred by section 17— \n\ta) are required by section 58(1) or 63(1) of the Care Act 2014 to carry out a child's needs assessment or young carer's assessment in relation to the child, or \n\tb) are required by section 60(1) of that Act to carry out a child's carer's assessment in relation to a carer of the child. \n2) If the local authority carry out the assessment before the child reaches the age of 18 and decide to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014 (with Part 1 of that Act applying to the assessment as a result), the authority must continue to comply with section 17 after the child reaches the age of 18 until they reach a conclusion in his case. \n3) If the local authority carry out the assessment before the child reaches the age of 18 but decide not to treat it as a needs or carer's assessment in accordance with section 59(6), 61(6) or 64(7) of the Care Act 2014— \n\ta) they must carry out a needs or carer's assessment (as the case may be) after the child reaches the age of 18, and \n\tb) they must continue to comply with section 17 after he reaches that age until they reach a conclusion in his case. \n4) If the local authority do not carry out the assessment before the child reaches the age of 18, they must continue to comply with section 17 after he reaches that age until— \n\ta) they decide that the duty under section 9 or 10 of the Care Act 2014 (needs or carer's assessment) does not apply, or \n\tb) having decided that the duty applies and having discharged it, they reach a conclusion in his case. \n5) Subsection (6) applies where a local authority  ... providing services for a child in need in the exercise of functions conferred by section 17— \n\ta) receive a request for a child's needs assessment or young carer's assessment to be carried out in relation to the child or for a child's carer's assessment to be carried out in relation to a carer of the child, but \n\tb) have yet to be required by section 58(1), 60(1) or 63(1) of the Care Act 2014 to carry out the assessment. \n6) If the local authority do not decide, before the child reaches the age of 18, whether or not to comply with the request, they must continue to comply with section 17 after he reaches that age until— \n\ta) they decide that the duty under section 9 or 10 of the Care Act 2014 does not apply, or \n\tb) having decided that the duty applies and having discharged it, they reach a conclusion in his case. \n7) A local authority reach a conclusion in a person's case when— \n\ta) they conclude that he does not have needs for care and support or for support (as the case may be), or \n\tb) having concluded that he has such needs and that they are going to meet some or all of them, they begin to do so, or \n\tc) having concluded that he has such needs, they conclude that they are not going to meet any of those needs (whether because those needs do not meet the eligibility criteria or for some other reason). \n8) In this section,  “child's needs assessment”,  “child's carer's assessment”,  “young carer's assessment”,  “needs assessment”,  “carer's assessment” and  “eligibility criteria” each have the same meaning as in Part 1 of the Care Act 2014. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZH",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZH",
    "legislation_id": "ukpga/1989/41",
    "title": "Section 17 services: transition for children to adult care and support",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.634191Z",
    "text": "Section 87) **Welfare of children in boarding schools and colleges.**\n\n1) Where a school or college provides accommodation for any child, it shall be the duty of the relevant person to safeguard and promote the child’s welfare. \n1A) For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if— \n\ta) it provides accommodation for the child on its own premises, or \n\tb) it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school). \n2) Subsection (1) does not apply in relation to a school or college which is a children’s home or care home. \n3) Where accommodation is provided for a child by any school or college the appropriate authority shall take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college. \n3A) Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3). \n3B) Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3). \n4) Where the Chief Inspector for England is of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in England, he shall — \n\ta) in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, notify the local authority for the area in which the school is situated; \n\tb) in the case of a special school which is maintained by a local authority , notify that authority; \n\tc) in any other case, notify the Secretary of State. \n4A) Where the National Assembly for Wales are of the opinion that there has been a failure to comply with subsection (1) in relation to a child provided with accommodation by a school or college in Wales , they shall— \n\ta) in the case of a school other than an independent school or a special school, notify the local authority for the area in which the school is situated; \n\tb) in the case of a special school which is maintained by a local authority , notify that authority. \n5) Where accommodation is, or is to be, provided for a child by any school or college, a person authorised by the appropriate authority may, for the purpose of enabling that authority to discharge any of its functions under this section, enter at any time premises which are, or are to be, premises of the school or college. \n6) Any person exercising the power conferred by subsection (5) may carry out such inspection of premises, children and records as is prescribed by regulations made by the Secretary of State for the purposes of this section. \n7) Any person exercising that power shall, if asked to do so, produce some duly authenticated document showing his authority to do so. \n8) Any person authorised by the regulations to inspect records— \n\ta) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question; and \n\tb) may require— \n\t\ti) the person by whom or on whose behalf the computer is or has been so used; or \n\t\tii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require. \n9) Any person who intentionally obstructs another in the exercise of any power conferred by this section or the regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n9A) Where the Chief Inspector for England or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, that authority must publish a report on whether the child’s welfare is adequately safeguarded and promoted while accommodation for the child is provided by the school or college. \n9B) Where the Chief Inspector for England or the National Assembly for Wales publishes a report under this section, it must— \n\ta) send a copy of the report to the school or college concerned; and \n\tb) make copies of the report available for inspection at its offices by any person at any reasonable time. \n9C) Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Chief Inspector for England or the National Assembly for Wales (as the case may be) considers appropriate. \n10) In this section and sections 87A to 87D— \n\t- “the 1992 Act” means the  Further and Higher Education Act 1992;\n\t- “appropriate authority” means— in relation to England,  the Chief Inspector for England;in relation to Wales, the National Assembly for Wales;\n\t- “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;\n\t- “college” means an institution within the further education sector as defined in section 91 of the 1992 Act or a 16 to 19 Academy ;\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “further education corporation” has the same meaning as in the 1992 Act;\n\t- local authority and “proprietor” have the same meanings as in the  Education Act 1996\n\t- “sixth form college corporation” has the same meaning as in the 1992 Act.\n11) In this section and sections 87A and 87D “relevant person” means— \n\ta) in relation to an independent school or an alternative provision Academy that is not an independent school , the proprietor of the school; \n\tb) in relation to any other school, or an institution designated under section 28 of the 1992 Act, the governing body of the school or institution; \n\tc) in relation to an institution conducted by a further education corporation or sixth form college corporation , the corporation. \n\td) in relation to a 16 to 19 Academy, the proprietor of the Academy. \n12) Where a person other than the proprietor of an independent school or an alternative provision Academy that is not an independent school is responsible for conducting the school, references in this section to the relevant person include references to the person so responsible. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/87",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/87",
    "legislation_id": "ukpga/1989/41",
    "title": "Welfare of children in boarding schools and colleges.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 87,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.695864Z",
    "text": "Section 101) **Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.**\n\n1) The Secretary of State may make regulations providing— \n\ta) for prescribed orders which— \n\t\ti) are made by a court in Northern Ireland; and \n\t\tii) appear to the Secretary of State to correspond in their effect to orders which may be made under any provision of this Act, to have effect in prescribed circumstances, for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act; \n\tb) for prescribed orders which— \n\t\ti) are made by a court in England and Wales; and \n\t\tii) appear to the Secretary of State to correspond in their effect to orders which may be made under any provision in force in Northern Ireland, to have effect in prescribed circumstances, for prescribed purposes of the law of Northern Ireland, as if they were orders of a prescribed kind made in Northern Ireland. \n2) Regulations under subsection (1) may provide for the order concerned to cease to have effect for the purposes of the law of Northern Ireland, or (as the case may be) the law of England and Wales, if prescribed conditions are satisfied. \n3) The Secretary of State may make regulations providing for prescribed orders which— \n\ta) are made by a court in the Isle of Man or in any of the Channel Islands; and \n\tb) appear to the Secretary of State to correspond in their effect to orders which may be made under this Act, to have effect in prescribed circumstances for prescribed purposes of this Act, as if they were orders of a prescribed kind made under this Act. \n4) Where a child who is in the care of a local authority is lawfully taken to live in Northern Ireland, the Isle of Man or any of the Channel Islands, the care order in question shall cease to have effect if the conditions prescribed in regulations made by the Secretary of State are satisfied. \n5) Any regulations made under this section may— \n\ta) make such consequential amendments (including repeals) in— \n\t\ti) section 25 of the  Children and Young Persons Act 1969 (transfers between England and Wales and Northern Ireland); or \n\t\tii) section 26 (transfers between England and Wales and Channel Islands or Isle of Man) of that Act, as the Secretary of State considers necessary or expedient; and \n\tb) modify any provision of this Act, in its application (by virtue of the regulations) in relation to an order made otherwise than in England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/101",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/101",
    "legislation_id": "ukpga/1989/41",
    "title": "Effect of orders as between England and Wales and Northern Ireland, the Channel Islands or the Isle of Man.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 101,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.177151Z",
    "text": "Section 22G) **General duty of local authority to secure sufficient accommodation for looked after children**\n\n1) It is the general duty of a local authority to take steps that secure, so far as reasonably practicable, the outcome in subsection (2). \n2) The outcome is that the local authority are able to provide the children mentioned in subsection (3) with accommodation that— \n\ta) is within the authority's area; and \n\tb) meets the needs of those children. \n3) The children referred to in subsection (2) are those— \n\ta) that the local authority are looking after, \n\tb) in respect of whom the authority are unable to make arrangements under section 22C(2), and \n\tc) whose circumstances are such that it would be consistent with their welfare for them to be provided with accommodation that is in the authority's area. \n4) In taking steps to secure the outcome in subsection (2), the local authority must have regard to the benefit of having— \n\ta) a number of accommodation providers in their area that is, in their opinion, sufficient to secure that outcome; and \n\tb) a range of accommodation in their area capable of meeting different needs that is, in their opinion, sufficient to secure that outcome. \n5) In this section  “accommodation providers” means— \n\t- local authority foster parents; and\n\t- children's homes in respect of which a person is registered under Part 2 of the Care Standards Act 2000.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22G",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22G",
    "legislation_id": "ukpga/1989/41",
    "title": "General duty of local authority to secure sufficient accommodation for looked after children",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.903231Z",
    "text": "Section 1) **Welfare of the child.**\n\n1) When a court determines any question with respect to— \n\ta) the upbringing of a child; or \n\tb) the administration of a child’s property or the application of any income arising from it, the child’s welfare shall be the court’s paramount consideration. \n2) In any proceedings in which any question with respect to the upbringing of a child arises, the court shall have regard to the general principle that any delay in determining the question is likely to prejudice the welfare of the child. \n2A) A court, in the circumstances mentioned in subsection (4)(a) or (7), is as respects each parent within subsection (6)(a) to presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child's welfare. \n2B) In subsection (2A)  “involvement” means involvement of some kind, either direct or indirect, but not any particular division of a child's time. \n3) In the circumstances mentioned in subsection (4), a court shall have regard in particular to— \n\ta) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding); \n\tb) his physical, emotional and educational needs; \n\tc) the likely effect on him of any change in his circumstances; \n\td) his age, sex, background and any characteristics of his which the court considers relevant; \n\te) any harm which he has suffered or is at risk of suffering; \n\tf) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs; \n\tg) the range of powers available to the court under this Act in the proceedings in question. \n4) The circumstances are that— \n\ta) the court is considering whether to make, vary or discharge a section 8 order, and the making, variation or discharge of the order is opposed by any party to the proceedings; or \n\tb) the court is considering whether to make, vary or discharge a special guardianship order or an order under Part IV. \n5) Where a court is considering whether or not to make one or more orders under this Act with respect to a child, it shall not make the order or any of the orders unless it considers that doing so would be better for the child than making no order at all. \n6) In subsection (2A)  “parent” means parent of the child concerned; and, for the purposes of that subsection, a parent of the child concerned— \n\ta) is within this paragraph if that parent can be involved in the child's life in a way that does not put the child at risk of suffering harm; and \n\tb) is to be treated as being within paragraph (a) unless there is some evidence before the court in the particular proceedings to suggest that involvement of that parent in the child's life would put the child at risk of suffering harm whatever the form of the involvement. \n7) The circumstances referred to are that the court is considering whether to make an order under section 4(1)(c) or (2A) or 4ZA(1)(c) or (5) (parental responsibility of parent other than mother). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/1",
    "legislation_id": "ukpga/1989/41",
    "title": "Welfare of the child.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.626855Z",
    "text": "Section 86) **Children accommodated in care homes or independent hospitals.**\n\n1) Where a child is provided with accommodation in England in any care home or independent hospital — \n\ta) for a consecutive period of at least three months; or \n\tb) with the intention, on the part of the person taking the decision to accommodate him, of accommodating him for such period, the person carrying on the establishment in question shall notify the appropriate officer of the local authority within whose area the establishment is carried on. \n2) Where subsection (1) applies with respect to a child, the person carrying on the establishment shall also notify the appropriate officer of that authority when he ceases to accommodate the child in the establishment . \n3) Where the appropriate officer of a local authority has been notified under this section, the local authority shall— \n\ta) take such steps as are reasonably practicable to enable them to determine whether the child’s welfare is adequately safeguarded and promoted while he is accommodated in the establishment in question ; and \n\tb) consider the extent to which (if at all) they should exercise any of their functions under this Act with respect to the child. \n4) If the person carrying on any care home or independent hospital fails, without reasonable excuse, to comply with this section he shall be guilty of an offence. \n5) A person authorised by a local authority in England may enter any care home or independent hospital within the authority’s area for the purpose of establishing whether the requirements of this section have been complied with. \n6) Any person who intentionally obstructs another in the exercise of the power of entry shall be guilty of an offence. \n7) Any person exercising the power of entry shall, if so required, produce some duly authenticated document showing his authority to do so. \n8) Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/86",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/86",
    "legislation_id": "ukpga/1989/41",
    "title": "Children accommodated in care homes or independent hospitals.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 86,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.031285Z",
    "text": "Section 12) **Child arrangements orders and parental responsibility.**\n\n1) Where— \n\ta) the court makes a child arrangements order with respect to a child, \n\tb) the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to live, and \n\tc) the father, or the woman, would not otherwise have parental responsibility for the child, the court must also make an order under section 4 giving the father, or under section 4ZA giving the woman, that responsibility. \n1A) Where— \n\ta) the court makes a child arrangements order with respect to a child, \n\tb) the father of the child, or a woman who is a parent of the child by virtue of section 43 of the Human Fertilisation and Embryology Act 2008, is named in the order as a person with whom the child is to spend time or otherwise have contact but is not named in the order as a person with whom the child is to live, and \n\tc) the father, or the woman, would not otherwise have parental responsibility for the child, the court must decide whether it would be appropriate, in view of the provision made in the order with respect to the father or the woman, for him or her to have parental responsibility for the child and, if it decides that it would be appropriate for the father or the woman to have that responsibility, must also make an order under section 4 giving him, or under section 4ZA giving her, that responsibility. \n2) Where the court makes a child arrangements order and a person who is not a parent or guardian of the child concerned is named in the order as a person with whom the child is to live, that person shall have parental responsibility for the child while the order remains in force so far as providing for the child to live with that person . \n2A) Where the court makes a child arrangements order and— \n\ta) a person who is not the parent or guardian of the child concerned is named in the order as a person with whom the child is to spend time or otherwise have contact, but \n\tb) the person is not named in the order as a person with whom the child is to live, the court may provide in the order for the person to have parental responsibility for the child while paragraphs (a) and (b) continue to be met in the person's case. \n3) Where a person has parental responsibility for a child as a result of subsection (2) or (2A) , he shall not have the right— \n\ta)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) to agree, or refuse to agree, to the making of an adoption order, or an order under section 84 of the Adoption and Children Act 2002 , with respect to the child; or \n\tc) to appoint a guardian for the child. \n4) Where subsection (1)  ...  requires the court to make an order under section 4 or 4ZA in respect of a parent of a child, the court shall not bring that order to an end at any time while the child arrangements order concerned remains in force so far as providing for the child to live with that parent . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/12",
    "legislation_id": "ukpga/1989/41",
    "title": "Child arrangements orders and parental responsibility.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.837575Z",
    "text": "SCHEDULE 2 SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND Sections 17, 23 and 29. *Application to local authorities in England*\n\nA1) \n1) This Schedule applies only in relation to local authorities in England. \n2) Accordingly, unless the contrary intention appears, a reference in this Schedule to a local authority means a local authority in England. ## Part I\n## Provision of Services for Families\n\n*Identification of children in need and provision of information*\n\n1) \n1) Every local authority shall take reasonable steps to identify the extent to which there are children in need within their area. \n2) Every local authority shall— \n\ta) publish information— \n\t\ti) about services provided by them under sections 17, 18, 20 and 23D ; and \n\t\tii) where they consider it appropriate, about the provision by others (including, in particular, voluntary organisations) of services which the authority have power to provide under those sections; and \n\tb) take such steps as are reasonably practicable to ensure that those who might benefit from the services receive the information relevant to them. *Children’s services plans*\n\n1A)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Maintenance of a register of disabled children*\n\n2) \n1) Every local authority shall open and maintain a register of disabled children within their area. \n2) The register may be kept by means of a computer. *Assessment of children’s needs*\n\n3) Where it appears to a local authority that a child within their area is in need, the authority may assess his needs for the purposes of this Act at the same time as any assessment of his needs is made under— \n\ta) the  Chronically Sick and Disabled Persons Act 1970; \n\tb) Part IV of the Education Act 1996 ; \n\tba) Part 3 of the Children and Families Act 2014; \n\tc) the  Disabled Persons (Services, Consultation and Representation) Act 1986; or \n\td) any other enactment. *Prevention of neglect and abuse*\n\n4) \n1) Every local authority shall take reasonable steps, through the provision of services under Part III of this Act, to prevent children within their area suffering ill-treatment or neglect. \n2) Where a local authority believe that a child who is at any time within their area— \n\ta) is likely to suffer harm; but \n\tb) lives or proposes to live in the area of another local authority or in the area of a local authority in Wales they shall inform that other local authority or the local authority in Wales, as the case may be . \n3) When informing that other local authority or the local authority in Wales they shall specify— \n\ta) the harm that they believe he is likely to suffer; and \n\tb) (if they can) where the child lives or proposes to live. *Provision of accommodation in order to protect child*\n\n5) \n1) Where— \n\ta) it appears to a local authority that a child who is living on particular premises is suffering, or is likely to suffer, ill treatment at the hands of another person who is living on those premises; and \n\tb) that other person proposes to move from the premises, the authority may assist that other person to obtain alternative accommodation. \n2) Assistance given under this paragraph may be in cash. \n3) Subsections (7) to (9) of section 17 shall apply in relation to assistance given under this paragraph as they apply in relation to assistance given under that section. *Provision for disabled children*\n\n6) \n1) Every local authority shall provide services designed— \n\ta) to minimise the effect on disabled children within their area of their disabilities;  ... \n\tb) to give such children the opportunity to lead lives which are as normal as possible ; and \n\tc) to assist individuals who provide care for such children to continue to do so, or to do so more effectively, by giving them breaks from caring. \n2) The duty imposed by sub-paragraph (1)(c) shall be performed in accordance with regulations made by the Secretary of State . *Provision to reduce need for care proceedings etc.*\n\n7) Every local authority shall take reasonable steps designed— \n\ta) to reduce the need to bring— \n\t\ti) proceedings for care or supervision orders with respect to children within their area; \n\t\tii) criminal proceedings against such children; \n\t\tiii) any family or other proceedings with respect to such children which might lead to them being placed in the authority’s care; or \n\t\tiv) proceedings under the inherent jurisdiction of the High Court with respect to children; \n\tb) to encourage children within their area not to commit criminal offences; and \n\tc) to avoid the need for children within their area to be placed in secure accommodation within the meaning given in section 25 and in section 119 of the Social Services and Well-being (Wales) Act 2014 . *Provision for children living with their families*\n\n8) Every local authority shall make such provision as they consider appropriate for the following services to be available with respect to children in need within their area while they are living with their families— \n\ta) advice, guidance and counselling; \n\tb) occupational, social, cultural or recreational activities; \n\tc) home help (which may include laundry facilities); \n\td) facilities for, or assistance with, travelling to and from home for the purpose of taking advantage of any other service provided under this Act or of any similar service; \n\te) assistance to enable the child concerned and his family to have a holiday. *Provision for accommodated children*\n\n8A) \n1) Every local authority shall make provision for such services as they consider appropriate to be available with respect to accommodated children. \n2) “Accommodated children” are those children in respect of whose accommodation the local authority have been notified under section 85 or 86 or under section 120 of the Social Services and Well-being (Wales) Act 2014 (assessment of children accommodated by health authorities and education authorities) . \n3) The services shall be provided with a view to promoting contact between each accommodated child and that child's family. \n4) The services may, in particular, include— \n\ta) advice, guidance and counselling; \n\tb) services necessary to enable the child to visit, or to be visited by, members of the family; \n\tc) assistance to enable the child and members of the family to have a holiday together. \n5) Nothing in this paragraph affects the duty imposed by paragraph 10. *Family centres*\n\n9) \n1) Every local authority shall provide such family centres as they consider appropriate in relation to children within their area. \n2) “Family centre” means a centre at which any of the persons mentioned in sub-paragraph (3) may— \n\ta) attend for occupational, social, cultural or recreational activities; \n\tb) attend for advice, guidance or counselling; or \n\tc) be provided with accommodation while he is receiving advice, guidance or counselling. \n3) The persons are— \n\ta) a child; \n\tb) his parents; \n\tc) any person who is not a parent of his but who has parental responsibility for him; \n\td) any other person who is looking after him. *Maintenance of the family home*\n\n10) Every local authority shall take such steps as are reasonably practicable, where any child within their area who is in need and whom they are not looking after is living apart from his family— \n\ta) to enable him to live with his family; or \n\tb) to promote contact between him and his family, if, in their opinion, it is necessary to do so in order to safeguard or promote his welfare. *Duty to consider racial groups to which children in need belong*\n\n11) Every local authority shall, in making any arrangements— \n\ta) for the provision of day care within their area; or \n\tb) designed to encourage persons to act as local authority foster parents, have regard to the different racial groups to which children within their area who are in need belong. ## Part II\n## Children Looked After By Local Authorities in England\n\n*Regulations as to placing of children with local authority foster parents*\n\n12) Regulations under section 23(2)(a) may, in particular, make provision— \n\ta) with regard to the welfare of children placed with local authority foster parents; \n\tb) as to the arrangements to be made by local authorities in connection with the health and education of such children; \n\tc) as to the records to be kept by local authorities; \n\td) for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed; \n\te) for securing that where possible the local authority foster parent with whom a child is to be placed is— \n\t\ti) of the same religious persuasion as the child; or \n\t\tii) gives an undertaking that the child will be brought up in that religious persuasion; \n\tf) for securing that children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it; \n\tg) as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged, on their behalf. *Regulations as to arrangements under section 23(2)(f)*\n\n13) Regulations under section 23(2)(f) may, in particular, make provision as to— \n\ta) the persons to be notified of any proposed arrangements; \n\tb) the opportunities such persons are to have to make representations in relation to the arrangements proposed; \n\tc) the persons to be notified of any proposed changes in arrangements; \n\td) the records to be kept by local authorities; \n\te) the supervision by local authorities of any arrangements made. *Regulations as to conditions under which child in care is allowed to live with parent, etc.*\n\n14) Regulations under section 23(5) may, in particular, impose requirements on a local authority as to— \n\ta) the making of any decision by a local authority to allow a child to live with any person falling within section 23(4) (including requirements as to those who must be consulted before the decision is made, and those who must be notified when it has been made); \n\tb) the supervision or medical examination of the child concerned; \n\tc) the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom he has been allowed to live. \n\td) the records to be kept by local authorities. *Regulations as to conditions under which child in care is allowed to live with parent, \netc*\n\n12A) Regulations under section 22C may, in particular, impose requirements on a local authority as to— \n\ta) the making of any decision by a local authority to allow a child in their care to live with any person falling within section 22C(3)\n\t\t\t\t\t(including requirements as to those who must be consulted before the decision is made and those who must be notified when it has been made); \n\tb) the supervision or medical examination of the child concerned; \n\tc) the removal of the child, in such circumstances as may be prescribed, from the care of the person with whom the child has been allowed to live; \n\td) the records to be kept by local authorities. *Regulations as to placements of a kind specified in section 22C(6)(d)*\n\n12B) Regulations under section 22C as to placements of the kind specified in section 22C(6)(d) may, in particular, make provision as to— \n\ta) the persons to be notified of any proposed arrangements; \n\tb) the opportunities such persons are to have to make representations in relation to the arrangements proposed; \n\tc) the persons to be notified of any proposed changes in arrangements; \n\td) the records to be kept by local authorities; \n\te) the supervision by local authorities of any arrangements made. *Placements out of area*\n\n12C) Regulations under section 22C may, in particular, impose requirements which a local authority must comply with— \n\ta) before a child looked after by them is provided with accommodation at a place outside the area of the authority; or \n\tb) if the child's welfare requires the immediate provision of such accommodation, within such period of the accommodation being provided as may be prescribed. *Avoidance of disruption in education*\n\n12D) \n1) Regulations under section 22C may, in particular, impose requirements which a local authority must comply with before making any decision concerning a child's placement if he is in the fourth key stage or within sub-paragraph (3) . \n2) A child is  “in the fourth key stage” if he is a pupil in the fourth key stage for the purposes of Part 6 or 7 of the Education 2002 (see section 82 and 103 of that Act). \n3) A child is within this sub-paragraph if the child— \n\ta) is a pupil at a maintained school maintained by a local authority in Wales, \n\tb) has completed the school year in which the majority of pupils in the child’s class attained the age of 14, and \n\tc) is still of compulsory school age. \n4) In sub-paragraph (3)— \n\ta) “pupil”, “school year” and “compulsory school age” have the meaning given by the Education Act 1996; \n\tb) “maintained school” has the meaning given by section 20(7) of the School Standards and Framework Act 1998; \n\tc) “the child’s class” means— \n\t\ti) the teaching group in which the child is regularly taught at school, or \n\t\tii) where there are two or more such groups, the group designated by the head teacher of the child’s school. *Regulations as to placing of children with local authority foster parents*\n\n12E) Regulations under section 22C may, in particular, make provision— \n\ta) with regard to the welfare of children placed with local authority foster parents; \n\tb) as to the arrangements to be made by local authorities in connection with the health and education of such children; \n\tc) as to the records to be kept by local authorities; \n\td) for securing that where possible the local authority foster parent with whom a child is to be placed is— \n\t\ti) of the same religious persuasion as the child; or \n\t\tii) gives an undertaking that the child will be brought up in that religious persuasion; \n\te) for securing the children placed with local authority foster parents, and the premises in which they are accommodated, will be supervised and inspected by a local authority and that the children will be removed from those premises if their welfare appears to require it. \n12F) \n1) Regulations under section 22C may, in particular, also make provision— \n\ta) for securing that a child is not placed with a local authority foster parent unless that person is for the time being approved as a local authority foster parent by such local authority as may be prescribed in regulations made by the Secretary of State ; \n\tb) establishing a procedure under which any person in respect of whom a qualifying determination has been made may apply to the Secretary of State for a review of that determination by a panel constituted by the Secretary of State . \n2) A determination is a qualifying determination if— \n\ta) it relates to the issue of whether a person should be approved, or should continue to be approved, as a local authority foster parent; and \n\tb) it is of a prescribed description. \n3) Regulations made by virtue of sub-paragraph (1)(b) may include provision as to— \n\ta) the duties and powers of a panel; \n\tb) the administration and procedures of a panel; \n\tc) the appointment of members of a panel (including the number, or any limit on the number, of members who may be appointed and any conditions for appointment); \n\td) the payment of fees to members of a panel; \n\te) the duties of any person in connection with a review conducted under the regulations; \n\tf) the monitoring of any such reviews. \n4) Regulations made by virtue of sub-paragraph (3)(e) may impose a duty to pay to the Secretary of State such sum as that national authority may determine; but such a duty may not be imposed upon a person who has applied for a review of a qualifying determination. \n5) The Secretary of State must secure that, taking one financial year with another, the aggregate of the sums which become payable to it under regulations made by virtue of sub-paragraph (4) does not exceed the cost to it of performing its independent review functions. \n6) The Secretary of State may make an arrangement with an organisation under which independent review functions are performed by the organisation on the national authority's behalf. \n7) If the Secretary of State makes such an arrangement with an organisation, the organisation is to perform its functions under the arrangement in accordance with any general or special directions given by that national authority. \n8) The arrangement may include provision for payments to be made to the organisation by the Secretary of State . \n9) Payments made by the Secretary of State in accordance with such provision shall be taken into account in determining (for the purpose of sub-paragraph (5)) the cost to that national authority of performing its independent review functions. \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11) In this paragraph— \n\t- “financial year” means a period of twelve months ending with 31st March;\n\t- “independent review function” means a function conferred or imposed on a national authority by regulations made by virtue of sub-paragraph (1)(b);\n\t- “organisation” includes the Welsh Ministers, a public body and a private or voluntary organisation.\n12G) Regulations under section 22C may, in particular, also make provision as to the circumstances in which local authorities may make arrangements for duties imposed on them by the regulations to be discharged on their behalf. *Promotion and maintenance of contact between child and family*\n\n15) \n1) Where a child is being looked after by a local authority, the authority shall, unless it is not reasonably practicable or consistent with his welfare, endeavour to promote contact between the child and— \n\ta) his parents; \n\tb) any person who is not a parent of his but who has parental responsibility for him; and \n\tc) any relative, friend or other person connected with him. \n2) Where a child is being looked after by a local authority— \n\ta) the authority shall take such steps as are reasonably practicable to secure that— \n\t\ti) his parents; and \n\t\tii) any person who is not a parent of his but who has parental responsibility for him, are kept informed of where he is being accommodated; and \n\tb) every such person shall secure that the authority are kept informed of his or her address. \n3) Where a local authority (“the receiving authority\") take over the provision of accommodation for a child from another local authority or a local authority in Wales (“the transferring authority\") under section 20(2)— \n\ta) the receiving authority shall (where reasonably practicable) inform— \n\t\ti) the child’s parents; and \n\t\tii) any person who is not a parent of his but who has parental responsibility for him; \n\tb) sub-paragraph (2)(a) shall apply to the transferring authority, as well as the receiving authority, until at least one such person has been informed of the change; and \n\tc) sub-paragraph (2)(b) shall not require any person to inform the receiving authority of his address until he has been so informed. \n4) Nothing in this paragraph requires a local authority to inform any person of the whereabouts of a child if— \n\ta) the child is in the care of the authority; and \n\tb) the authority has reasonable cause to believe that informing the person would prejudice the child’s welfare. \n5) Any person who fails (without reasonable excuse) to comply with sub-paragraph (2)(b) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. \n6) It shall be a defence in any proceedings under sub-paragraph (5) to prove that the defendant was residing at the same address as another person who was the child’s parent or had parental responsibility for the child and had reasonable cause to believe that the other person had informed the appropriate authority that both of them were residing at that address. *Visits to or by children: expenses*\n\n16) \n1) This paragraph applies where— \n\ta) a child is being looked after by a local authority; and \n\tb) the conditions mentioned in sub-paragraph (3) are satisfied. \n2) The authority may— \n\ta) make payments to— \n\t\ti) a parent of the child; \n\t\tii) any person who is not a parent of his but who has parental responsibility for him; or \n\t\tiii) any relative, friend or other person connected with him, in respect of travelling, subsistence or other expenses incurred by that person in visiting the child; or \n\tb) make payments to the child, or to any person on his behalf, in respect of travelling, subsistence or other expenses incurred by or on behalf of the child in his visiting— \n\t\ti) a parent of his; \n\t\tii) any person who is not a parent of his but who has parental responsibility for him; or \n\t\tiii) any relative, friend or other person connected with him. \n3) The conditions are that— \n\ta) it appears to the authority that the visit in question could not otherwise be made without undue financial hardship; and \n\tb) the circumstances warrant the making of the payments. *Appointment of visitor for child who is not being visited*\n\n17) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Power to guarantee apprenticeship deeds etc.*\n\n18) \n1) While a child is being looked after by a local authority, or is a person qualifying for advice and assistance, the authority may undertake any obligation by way of guarantee under any deed of apprenticeship or articles of clerkship which he enters into. \n2) Where a local authority have undertaken any such obligation under any deed or articles they may at any time (whether or not they are still looking after the person concerned) undertake the like obligation under any supplemental deed or articles. *Arrangements to assist children to live abroad*\n\n19) \n1) A local authority may only arrange for, or assist in arranging for, any child in their care to live outside England and Wales with the approval of the court. \n2) A local authority may, with the approval of every person who has parental responsibility for the child arrange for, or assist in arranging for, any other child looked after by them to live outside England and Wales. \n3) The court shall not give its approval under sub-paragraph (1) unless it is satisfied that— \n\ta) living outside England and Wales would be in the child’s best interests; \n\tb) suitable arrangements have been, or will be, made for his reception and welfare in the country in which he will live; \n\tc) the child has consented to living in that country; and \n\td) every person who has parental responsibility for the child has consented to his living in that country. \n4) Where the court is satisfied that the child does not have sufficient understanding to give or withhold his consent, it may disregard sub-paragraph (3)(c) and give its approval if the child is to live in the country concerned with a parent, guardian, special guardian, or other suitable person. \n5) Where a person whose consent is required by sub-paragraph (3)(d) fails to give his consent, the court may disregard that provision and give its approval if it is satisfied that that person— \n\ta) cannot be found; \n\tb) is incapable of consenting; or \n\tc) is withholding his consent unreasonably. \n6) Section 85 of the Adoption and Children Act 2002 (which imposes restrictions on taking children out of the United Kingdom) shall not apply in the case of any child who is to live outside England and Wales with the approval of the court given under this paragraph. \n7) Where a court decides to give its approval under this paragraph it may order that its decision is not to have effect during the appeal period. \n8) In sub-paragraph (7) “the appeal period” means— \n\ta) where an appeal is made against the decision, the period between the making of the decision and the determination of the appeal; and \n\tb) otherwise, the period during which an appeal may be made against the decision. \n9) This paragraph does not apply — \n\ta) to a local authority placing a child in secure accommodation in Scotland under section 25, or \n\tb) to a local authority placing a child for adoption with prospective adopters. *Preparation for ceasing to be looked after*\n\n19A) It is the duty of the local authority looking after a child to advise, assist and befriend him with a view to promoting his welfare when they have ceased to look after him. \n19B) \n1) A local authority shall have the following additional functions in relation to an eligible child whom they are looking after. \n2) In sub-paragraph (1) “eligible child” means, subject to sub-paragraph (3), a child who— \n\ta) is aged sixteen or seventeen; and \n\tb) has been looked after by a local authority or by a local authority in Wales for a prescribed period, or periods amounting in all to a prescribed period, which began after he reached a prescribed age and ended after he reached the age of sixteen. \n3) The Secretary of State may prescribe— \n\ta) additional categories of eligible children; and \n\tb) categories of children who are not to be eligible children despite falling within sub-paragraph (2). \n4) For each eligible child, the local authority shall carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Act— \n\ta) while they are still looking after him; and \n\tb) after they cease to look after him, and shall then prepare a pathway plan for him. \n5) The local authority shall keep the pathway plan under regular review. \n6) Any such review may be carried out at the same time as a review of the child’s case carried out by virtue of section 26. \n7) The Secretary of State may by regulations make provision as to assessments for the purposes of sub-paragraph (4). \n8) The regulations may in particular provide for the matters set out in section 23B(6). *Preparation for ceasing to be looked after: staying put arrangements*\n\n19BA) \n1) This paragraph applies in relation to an eligible child (within the meaning of paragraph 19B) who has been placed by a local authority  ... with a local authority foster parent. \n2) When carrying out the assessment of the child's needs in accordance with paragraph 19B(4), the local authority must determine whether it would be appropriate to provide advice, assistance and support under this Act in order to facilitate a staying put arrangement, and with a view to maintaining such an arrangement, after the local authority cease to look after him or her. \n3) The local authority must provide advice, assistance and support under this Act in order to facilitate a staying put arrangement if— \n\ta) the local authority determine under sub-paragraph (2) that it would be appropriate to do so, and \n\tb) the eligible child and the local authority foster parent wish to make a staying put arrangement. \n4) In this paragraph,  “staying put arrangement” has the meaning given by section 23CZA. \n19C) A local authority shall arrange for each child whom they are looking after who is an eligible child for the purposes of paragraph 19B to have a personal adviser. *Death of children being looked after by local authorities*\n\n20) \n1) If a child who is being looked after by a local authority dies, the authority— \n\ta) shall notify the Secretary of State and Her Majesty’s Chief Inspector of Education, Children’s Services and Skills; \n\tb) shall, so far as is reasonably practicable, notify the child’s parents and every person who is not a parent of his but who has parental responsibility for him; \n\tc) may, with the consent (so far as it is reasonably practicable to obtain it) of every person who has parental responsibility for the child, arrange for the child’s body to be buried or cremated; and \n\td) may, if the conditions mentioned in sub-paragraph (2) are satisfied, make payments to any person who has parental responsibility for the child, or any relative, friend or other person connected with the child, in respect of travelling, subsistence or other expenses incurred by that person in attending the child’s funeral. \n2) The conditions are that— \n\ta) it appears to the authority that the person concerned could not otherwise attend the child’s funeral without undue financial hardship; and \n\tb) that the circumstances warrant the making of the payments. \n3) Sub-paragraph (1) does not authorise cremation where it does not accord with the practice of the child’s religious persuasion. \n4) Where a local authority have exercised their power under sub-paragraph (1)(c) with respect to a child who was under sixteen when he died, they may recover from any parent of the child any expenses incurred by them. \n5) Any sums so recoverable shall, without prejudice to any other method of recovery, be recoverable summarily as a civil debt. \n6) Nothing in this paragraph affects any enactment regulating or authorising the burial, cremation or anatomical examination of the body of a deceased person. ## Part III\n## Contributions Towards Maintenance of Children Looked After by Local Authorities in England\n\n*Liability to contribute*\n\n21) \n1) Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph (7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor\"). \n2) An authority may only recover contributions from a contributor if they consider it reasonable to do so. \n3) The persons liable to contribute are— \n\ta) where the child is under sixteen, each of his parents; \n\tb) where he has reached the age of sixteen, the child himself. \n4) A parent is not liable to contribute during any period when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992, of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance . \n5) A person is not liable to contribute towards the maintenance of a child in the care of a local authority in respect of any period during which the child is  living with, under arrangements made by the authority in accordance with section 22C ,  a parent of his. \n6) A contributor is not obliged to make any contribution towards a child’s maintenance except as agreed or determined in accordance with this Part of this Schedule. \n7) The cases are where the child is looked after by a local authority under— \n\ta) section 21; \n\tb) an interim care order; \n\tc) section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 260 of the Sentencing Code . *Agreed contributions*\n\n22) \n1) Contributions towards a child’s maintenance may only be recovered if the local authority have served a notice (“a contribution notice\") on the contributor specifying— \n\ta) the weekly sum which they consider that he should contribute; and \n\tb) arrangements for payment. \n2) The contribution notice must be in writing and dated. \n3) Arrangements for payment shall, in particular, include— \n\ta) the date on which liability to contribute begins (which must not be earlier than the date of the notice); \n\tb) the date on which liability under the notice will end (if the child has not before that date ceased to be looked after by the authority); and \n\tc) the date on which the first payment is to be made. \n4) The authority may specify in a contribution notice a weekly sum which is a standard contribution determined by them for all children looked after by them. \n5) The authority may not specify in a contribution notice a weekly sum greater than that which they consider— \n\ta) they would normally be prepared to pay if they had placed a similar child with local authority foster parents; and \n\tb) it is reasonably practicable for the contributor to pay (having regard to his means). \n6) An authority may at any time withdraw a contribution notice (without prejudice to their power to serve another). \n7) Where the authority and the contributor agree— \n\ta) the sum which the contributor is to contribute; and \n\tb) arrangements for payment, (whether as specified in the contribution notice or otherwise) and the contributor notifies the authority in writing that he so agrees, the authority may recover summarily as a civil debt any contribution which is overdue and unpaid. \n8) A contributor may, by serving a notice in writing on the authority, withdraw his agreement in relation to any period of liability falling after the date of service of the notice. \n9) Sub-paragraph (7) is without prejudice to any other method of recovery. *Contribution orders*\n\n23) \n1) Where a contributor has been served with a contribution notice and has— \n\ta) failed to reach any agreement with the local authority as mentioned in paragraph 22(7) within the period of one month beginning with the day on which the contribution notice was served; or \n\tb) served a notice under paragraph 22(8) withdrawing his agreement, the authority may apply to the court for an order under this paragraph. \n2) On such an application the court may make an order (“a contribution order\") requiring the contributor to contribute a weekly sum towards the child’s maintenance in accordance with arrangements for payment specified by the court. \n3) A contribution order— \n\ta) shall not specify a weekly sum greater than that specified in the contribution notice; and \n\tb) shall be made with due regard to the contributor’s means. \n4) A contribution order shall not— \n\ta) take effect before the date specified in the contribution notice; or \n\tb) have effect while the contributor is not liable to contribute (by virtue of paragraph 21); or \n\tc) remain in force after the child has ceased to be looked after by the authority who obtained the order. \n5) An authority may not apply to the court under sub-paragraph (1) in relation to a contribution notice which they have withdrawn. \n6) Where— \n\ta) a contribution order is in force; \n\tb) the authority serve another contribution notice; and \n\tc) the contributor and the authority reach an agreement under paragraph 22(7) in respect of that other contribution notice, the effect of the agreement shall be to discharge the order from the date on which it is agreed that the agreement shall take effect. \n7) Where an agreement is reached under sub-paragraph (6) the authority shall notify the court— \n\ta) of the agreement; and \n\tb) of the date on which it took effect. \n8) A contribution order may be varied or revoked on the application of the contributor or the authority. \n9) In proceedings for the variation of a contribution order, the authority shall specify— \n\ta) the weekly sum which, having regard to paragraph 22, they propose that the contributor should contribute under the order as varied; and \n\tb) the proposed arrangements for payment. \n10) Where a contribution order is varied, the order— \n\ta) shall not specify a weekly sum greater than that specified by the authority in the proceedings for variation; and \n\tb) shall be made with due regard to the contributor’s means. \n11) An appeal shall lie in accordance with rules of court from any order made under this paragraph. *Enforcement of contribution orders etc.*\n\n24) \n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) Where a contributor has agreed, or has been ordered, to make contributions to a local authority, any other local authority within whose area the contributor is for the time being living may— \n\ta) at the request of the local authority who served the contribution notice; and \n\tb) subject to agreement as to any sum to be deducted in respect of services rendered, collect from the contributor any contributions due on behalf of the authority who served the notice. \n3) In sub-paragraph (2) the reference to any other local authority includes a reference to— \n\taa) a local authority in Wales; \n\ta) a local authority within the meaning of section 1(2) of the  Social Work (Scotland) Act 1968; and \n\tb) a Health and Social Care trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 ( S.I. 1991/194 (N.I. 1) ). \n4) The power to collect sums under sub-paragraph (2) includes the power to— \n\ta) receive and give a discharge for any contributions due; and \n\tb) (if necessary) enforce payment of any contributions, even though those contributions may have fallen due at a time when the contributor was living elsewhere. \n5) Any contribution collected under sub-paragraph (2) shall be paid (subject to any agreed deduction) to the local authority who served the contribution notice. \n6) In any proceedings under this paragraph, a document which purports to be— \n\ta) a copy of an order made by a court under or by virtue of paragraph 23; and \n\tb) certified as a true copy by the designated officer for the court, shall be evidence of the order. \n7) In any proceedings under this paragraph, a certificate which— \n\ta) purports to be signed by the clerk or some other duly authorised officer of the local authority who obtained the contribution order; and \n\tb) states that any sum due to the authority under the order is overdue and unpaid, shall be evidence that the sum is overdue and unpaid. *Regulations*\n\n25) The Secretary of State may make regulations— \n\ta) as to the considerations which a local authority must take into account in deciding— \n\t\ti) whether it is reasonable to recover contributions; and \n\t\tii) what the arrangements for payment should be; \n\tb) as to the procedures they must follow in reaching agreements with— \n\t\ti) contributors (under paragraphs 22 and 23); and \n\t\tii) any other local authority under paragraph 24(2). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/2",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/2",
    "legislation_id": "ukpga/1989/41",
    "title": "SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.947324Z",
    "text": "Section 9) **Restrictions on making section 8 orders.**\n\n1) No court shall make any section 8 order, other than a child arrangements order to which subsection (6B) applies , with respect to a child who is in the care of a local authority. \n2) No application may be made by a local authority for a child arrangements order and no court shall make such an order in favour of a local authority. \n3) A person who is, or was at any time within the last six months, a local authority foster parent of a child may not apply for leave to apply for a section 8 order with respect to the child unless— \n\ta) he has the consent of the authority; \n\tb) he is a relative of the child; or \n\tc) the child has lived with him for at least one year preceding the application. \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) No court shall exercise its powers to make a specific issue order or prohibited steps order— \n\ta) with a view to achieving a result which could be achieved by making a child arrangements order or an order under section 51A of the Adoption and Children Act 2002 (post-adoption contact) ; or \n\tb) in any way which is denied to the High Court (by section 100(2)) in the exercise of its inherent jurisdiction with respect to children. \n6) No court shall make a section 8 order which will end after the child has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional. \n6A) Subsection (6) does not apply to a child arrangements order to which subsection (6B) applies. \n6B) This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following— \n\ta) with whom the child concerned is to live, and \n\tb) when the child is to live with any person. \n7) No court shall make any section 8 order, other than one varying or discharging such an order, with respect to a child who has reached the age of sixteen unless it is satisfied that the circumstances of the case are exceptional. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/9",
    "legislation_id": "ukpga/1989/41",
    "title": "Restrictions on making section 8 orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.103161Z",
    "text": "Section 17ZD) **Parent carers' needs assessments \n\n...**\n\n1) A local authority  ... must, if the conditions in subsections (3) and (4) are met, assess whether a parent carer within their area has needs for support and, if so, what those needs are. \n2) In this Part  “parent carer” means a person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility. \n3) The first condition is that— \n\ta) it appears to the authority that the parent carer may have needs for support, or \n\tb) the authority receive a request from the parent carer to assess the parent carer's needs for support. \n4) The second condition is that the local authority are satisfied that the disabled child cared for and the disabled child's family are persons for whom they may provide or arrange for the provision of services under section 17. \n5) An assessment under subsection (1) is referred to in this Part as a  “parent carer's needs assessment”. \n6) Subsection (1) does not apply in relation to a parent carer if the local authority have previously carried out a care-related assessment of the parent carer in relation to the same disabled child cared for. \n7) But subsection (1) does apply (and so a parent carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the parent carer or the disabled child cared for have changed since the last care-related assessment. \n8) “Care-related assessment” means— \n\ta) a parent carer's needs assessment; \n\tb) an assessment under any of the following— \n\t\ti) section 1 of the Carers (Recognition and Services) Act 1995; \n\t\tii) section 6 of the Carers and Disabled Children Act 2000; \n\t\tiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\t\tiv) Part 1 of the Care Act 2014. \n9) A parent carer's needs assessment must include an assessment of whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in the light of the parent carer's needs for support, other needs and wishes. \n10) A local authority in carrying out a parent carer's needs assessment must have regard to— \n\ta) the well-being of the parent carer, and \n\tb) the need to safeguard and promote the welfare of the disabled child cared for and any other child for whom the parent carer has parental responsibility. \n11) In subsection (10)  “well-being” has the same meaning as in Part 1 of the Care Act 2014. \n12) A local authority, in carrying out a parent carer's needs assessment, must involve— \n\ta) the parent carer, \n\tb) any child for whom the parent carer has parental responsibility, and \n\tc) any person who the parent carer requests the authority to involve. \n13) A local authority that have carried out a parent carer's needs assessment must give a written record of the assessment to— \n\ta) the parent carer, and \n\tb) any person to whom the parent carer requests the authority to give a copy. \n14) A local authority  ... must take reasonable steps to identify the extent to which there are parent carers within their area who have needs for support. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZD",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZD",
    "legislation_id": "ukpga/1989/41",
    "title": "Parent carers' needs assessments ...",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.555282Z",
    "text": "Section 79C) **Regulations etc. governing child minders and day care providers.**\n\n1)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) The Assembly may make regulations governing the activities of registered persons who act as child minders, or provide day care, on premises in Wales. \n3) The regulations under this section may deal with the following matters (among others)— \n\ta) the welfare and development of the children concerned; \n\tb) suitability to look after, or be in regular contact with, children under the age of eight; \n\tc) qualifications and training; \n\td) the maximum number of children who may be looked after and the number of persons required to assist in looking after them; \n\te) the maintenance, safety and suitability of premises and equipment; \n\tf) the keeping of records; \n\tg) the provision of information. \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) If the regulations require any person (other than the Assembly ) to have regard to or meet factors, standards and other matters prescribed by or referred to in the regulations, they may also provide for any allegation that the person has failed to do so to be taken into account— \n\ta) by the Assembly in the exercise of its functions under this Part, or \n\tb) in any proceedings under this Part. \n7) Regulations may provide— \n\ta) that a registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any requirement of the regulations shall be guilty of an offence; and \n\tb) that a person guilty of the offence shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79C",
    "legislation_id": "ukpga/1989/41",
    "title": "Regulations etc. governing child minders and day care providers.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.421369Z",
    "text": "Section 46) **Removal and accommodation of children by police in cases of emergency.**\n\n1) Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may— \n\ta) remove the child to suitable accommodation and keep him there; or \n\tb) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented. \n2) For the purposes of this Act, a child with respect to whom a constable has exercised his powers under this section is referred to as having been taken into police protection. \n3) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall— \n\ta) inform the local authority within whose area the child was found of the steps that have been, and are proposed to be, taken with respect to the child under this section and the reasons for taking them; \n\tb) give details to the authority within whose area the child is ordinarily resident (“the appropriate authority”) of the place at which the child is being accommodated; \n\tc) inform the child (if he appears capable of understanding)— \n\t\ti) of the steps that have been taken with respect to him under this section and of the reasons for taking them; and \n\t\tii) of the further steps that may be taken with respect to him under this section; \n\td) take such steps as are reasonably practicable to discover the wishes and feelings of the child; \n\te) secure that the case is inquired into by an officer designated for the purposes of this section by the chief officer of the police area concerned; and \n\tf) where the child was taken into police protection by being removed to accommodation which is not provided— \n\t\ti) by or on behalf of a local authority; or \n\t\tii) as a refuge, in compliance with the requirements of section 51,secure that he is moved to accommodation which is so provided. \n4) As soon as is reasonably practicable after taking a child into police protection, the constable concerned shall take such steps as are reasonably practicable to inform— \n\ta) the child’s parents; \n\tb) every person who is not a parent of his but who has parental responsibility for him; and \n\tc) any other person with whom the child was living immediately before being taken into police protection, of the steps that he has taken under this section with respect to the child, the reasons for taking them and the further steps that may be taken with respect to him under this section. \n5) On completing any inquiry under subsection (3)(e), the officer conducting it shall release the child from police protection unless he considers that there is still reasonable cause for believing that the child would be likely to suffer significant harm if released. \n6) No child may be kept in police protection for more than 72 hours. \n7) While a child is being kept in police protection, the designated officer may apply on behalf of the appropriate authority for an emergency protection order to be made under section 44 with respect to the child. \n8) An application may be made under subsection (7) whether or not the authority know of it or agree to its being made. \n9) While a child is being kept in police protection— \n\ta) neither the constable concerned nor the designated officer shall have parental responsibility for him; but \n\tb) the designated officer shall do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be so protected). \n10) Where a child has been taken into police protection, the designated officer shall allow— \n\ta) the child’s parents; \n\tb) any person who is not a parent of the child but who has parental responsibility for him; \n\tc) any person with whom the child was living immediately before he was taken into police protection; \n\td) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact; \n\te) any person who is allowed to have contact with the child by virtue of an order under section 34; and \n\tf) any person acting on behalf of any of those persons, to have such contact (if any) with the child as, in the opinion of the designated officer, is both reasonable and in the child’s best interests. \n11) Where a child who has been taken into police protection is in accommodation provided by, or on behalf of, the appropriate authority, subsection (10) shall have effect as if it referred to the authority rather than to the designated officer. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/46",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/46",
    "legislation_id": "ukpga/1989/41",
    "title": "Removal and accommodation of children by police in cases of emergency.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 46,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.261718Z",
    "text": "Section 25C) **Referred cases**\n\n1) In relation to children whose cases are referred to officers under section 25B(3), the Lord Chancellor may by regulations— \n\ta) extend any functions of the officers in respect of family proceedings (within the meaning of section 12 of the Criminal Justice and Court Services Act 2000) to other proceedings; \n\tb) require any functions of the officers to be performed in the manner prescribed by the regulations. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/25C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/25C",
    "legislation_id": "ukpga/1989/41",
    "title": "Referred cases",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.040302Z",
    "text": "Section 14A) **Special guardianship orders**\n\n1) A “special guardianship order” is an order appointing one or more individuals to be a child’s “special guardian” (or special guardians). \n2) A special guardian— \n\ta) must be aged eighteen or over; and \n\tb) must not be a parent of the child in question, and subsections (3) to (6) are to be read in that light. \n3) The court may make a special guardianship order with respect to any child on the application of an individual who— \n\ta) is entitled to make such an application with respect to the child; or \n\tb) has obtained the leave of the court to make the application, or on the joint application of more than one such individual. \n4) Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order. \n5) The individuals who are entitled to apply for a special guardianship order with respect to a child are— \n\ta) any guardian of the child; \n\tb) any individual who is named in a child arrangements order as a person with whom the child is to live; \n\tc) any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section); \n\td) a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application. ; \n\te) a relative with whom the child has lived for a period of at least one year immediately preceding the application. \n6) The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if— \n\ta) an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or \n\tb) the court considers that a special guardianship order should be made even though no such application has been made. \n7) No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application— \n\ta) if the child in question is being looked after by a local authority, to that local authority, or \n\tb) otherwise, to the local authority in whose area the individual is ordinarily resident. \n8) On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with— \n\ta) the suitability of the applicant to be a special guardian; \n\tb) such matters (if any) as may be prescribed by the Secretary of State; and \n\tc) any other matter which the local authority consider to be relevant. \n9) The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so. \n10) The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9). \n11) The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8). \n12) Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders. \n13) This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14A",
    "legislation_id": "ukpga/1989/41",
    "title": "Special guardianship orders",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.582246Z",
    "text": "Section 79U) **Rights of entry etc.**\n\n1) Any person authorised for the purposes of this subsection by the Assembly may at any reasonable time enter any premises in  . . .  Wales on which child minding or day care is at any time provided. \n2) Where a person who is authorised for the purposes of this subsection by the Assembly has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time. \n2A) Authorisation under subsection (1) or (2)— \n\ta) may be given for a particular occasion or period; \n\tb) may be given subject to conditions. \n3) A person entering premises under this section may (subject to any conditions imposed under subsection (2A)(b))— \n\ta) inspect the premises; \n\tb) inspect, and take copies of— \n\t\ti) any records kept by the person providing the child minding or day care; and \n\t\tii) any other documents containing information relating to its provision; \n\tc) seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part; \n\td) require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section; \n\te) take measurements and photographs or make recordings; \n\tf) inspect any children being looked after there, and the arrangements made for their welfare; \n\tg) interview in private the person providing the child minding or day care; and \n\th) interview in private any person looking after children, or living or working, there who consents to be interviewed. \n4) Section 58 of the Education Act 2005 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of subsection (3) as it applies for the purposes of Part I of that Act. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so. \n7) It shall be an offence wilfully to obstruct a person exercising any such power. \n8) Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. \n9) In this section— \n\t- . . .\n\t- “documents” and “records” each include information recorded in any form.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79U",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79U",
    "legislation_id": "ukpga/1989/41",
    "title": "Rights of entry etc.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.389313Z",
    "text": "Section 44) **Orders for emergency protection of children.**\n\n1) Where any person (“the applicant”) applies to the court for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that— \n\ta) there is reasonable cause to believe that the child is likely to suffer significant harm if— \n\t\ti) he is not removed to accommodation provided by or on behalf of the applicant; or \n\t\tii) he does not remain in the place in which he is then being accommodated; \n\tb) in the case of an application made by a local authority— \n\t\ti) enquiries are being made with respect to the child under section 47(1)(b); and \n\t\tii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and that the applicant has reasonable cause to believe that access to the child is required as a matter of urgency; or \n\tc) in the case of an application made by an authorised person— \n\t\ti) the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm; \n\t\tii) the applicant is making enquiries with respect to the child’s welfare; and \n\t\tiii) those enquiries are being frustrated by access to the child being unreasonably refused to a person authorised to seek access and the applicant has reasonable cause to believe that access to the child is required as a matter of urgency. \n2) In this section— \n\ta) “authorised person” means a person who is an authorised person for the purposes of section 31; and \n\tb) “a person authorised to seek access” means— \n\t\ti) in the case of an application by a local authority, an officer of the local authority or a person authorised by the authority to act on their behalf in connection with the enquiries; or \n\t\tii) in the case of an application by an authorised person, that person. \n3) Any person— \n\ta) seeking access to a child in connection with enquiries of a kind mentioned in subsection (1); and \n\tb) purporting to be a person authorised to do so, shall, on being asked to do so, produce some duly authenticated document as evidence that he is such a person. \n4) While an order under this section (“an emergency protection order”) is in force it— \n\ta) operates as a direction to any person who is in a position to do so to comply with any request to produce the child to the applicant; \n\tb) authorises— \n\t\ti) the removal of the child at any time to accommodation provided by or on behalf of the applicant and his being kept there; or \n\t\tii) the prevention of the child’s removal from any hospital, or other place, in which he was being accommodated immediately before the making of the order; and \n\tc) gives the applicant parental responsibility for the child. \n5) Where an emergency protection order is in force with respect to a child, the applicant— \n\ta) shall only exercise the power given by virtue of subsection (4)(b) in order to safeguard the welfare of the child; \n\tb) shall take, and shall only take, such action in meeting his parental responsibility for the child as is reasonably required to safeguard or promote the welfare of the child (having regard in particular to the duration of the order); and \n\tc) shall comply with the requirements of any regulations made by the Secretary of State for the purposes of this subsection. \n6) Where the court makes an emergency protection order, it may give such directions (if any) as it considers appropriate with respect to— \n\ta) the contact which is, or is not, to be allowed between the child and any named person; \n\tb) the medical or psychiatric examination or other assessment of the child. \n7) Where any direction is given under subsection (6)(b), the child may, if he is of sufficient understanding to make an informed decision, refuse to submit to the examination or other assessment. \n8) A direction under subsection (6)(a) may impose conditions and one under subsection (6)(b) may be to the effect that there is to be— \n\ta) no such examination or assessment; or \n\tb) no such examination or assessment unless the court directs otherwise. \n9) A direction under subsection (6) may be— \n\ta) given when the emergency protection order is made or at any time while it is in force; and \n\tb) varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection. \n10) Where an emergency protection order is in force with respect to a child and— \n\ta) the applicant has exercised the power given by subsection (4)(b)(i) but it appears to him that it is safe for the child to be returned; or \n\tb) the applicant has exercised the power given by subsection (4)(b)(ii) but it appears to him that it is safe for the child to be allowed to be removed from the place in question, he shall return the child or (as the case may be) allow him to be removed. \n11) Where he is required by subsection (10) to return the child the applicant shall— \n\ta) return him to the care of the person from whose care he was removed; or \n\tb) if that is not reasonably practicable, return him to the care of— \n\t\ti) a parent of his; \n\t\tii) any person who is not a parent of his but who has parental responsibility for him; or \n\t\tiii) such other person as the applicant (with the agreement of the court) considers appropriate. \n12) Where the applicant has been required by subsection (10) to return the child, or to allow him to be removed, he may again exercise his powers with respect to the child (at any time while the emergency protection order remains in force) if it appears to him that a change in the circumstances of the case makes it necessary for him to do so. \n13) Where an emergency protection order has been made with respect to a child, the applicant shall, subject to any direction given under subsection (6), allow the child reasonable contact with— \n\ta) his parents; \n\tb) any person who is not a parent of his but who has parental responsibility for him; \n\tc) any person with whom he was living immediately before the making of the order; \n\td) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact; \n\te) any person who is allowed to have contact with the child by virtue of an order under section 34; and \n\tf) any person acting on behalf of any of those persons. \n14) Wherever it is reasonably practicable to do so, an emergency protection order shall name the child; and where it does not name him it shall describe him as clearly as possible. \n15) A person shall be guilty of an offence if he intentionally obstructs any person exercising the power under subsection (4)(b) to remove, or prevent the removal of, a child. \n16) A person guilty of an offence under subsection (15) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/44",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/44",
    "legislation_id": "ukpga/1989/41",
    "title": "Orders for emergency protection of children.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 44,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.676305Z",
    "text": "Section 93) **Rules of court.**\n\n1) An authority having power to make rules of court may make such provision for giving effect to— \n\ta) this Act; \n\tb) the provisions of any statutory instrument made under this Act; or \n\tc) any amendment made by this Act in any other enactment, as appears to that authority to be necessary or expedient. \n2) The rules may, in particular, make provision— \n\ta) with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced); \n\tb) as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court; \n\tbb) for children to be separately represented in relevant proceedings, \n\tc) with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings; \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) with respect to preliminary hearings; \n\tf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\th) enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings; \n\ti) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In subsection (2)— \n\t- “notice of proceedings” means a summons or such other notice of proceedings as is required; and “given”, in relation to a summons, means “served”;\n\t- “prescribed” means prescribed by the rules; and\n\t- “relevant proceedings” means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.\n4) This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court. \n5) When making any rules under this section an authority shall be subject to the same requirements as to consultation (if any) as apply when the authority makes rules under its general rule making power. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/93",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/93",
    "legislation_id": "ukpga/1989/41",
    "title": "Rules of court.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 93,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.547508Z",
    "text": "Section 79B) **Other definitions, etc.**\n\n1)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) In this Act  “the Assembly” means the National Assembly for Wales. \n3) A person is qualified for registration for child minding if— \n\ta) he, and every other person looking after children on any premises on which he is or is likely to be child minding, is suitable to look after children under the age of eight; \n\tb) every person living or employed on the premises in question is suitable to be in regular contact with children under the age of eight; \n\tc) the premises in question are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and \n\td) he is complying with regulations under section 79C and with any conditions imposed under this Part . \n4) A person is qualified for registration for providing day care on particular premises if— \n\ta) he has made adequate arrangements to ensure that— \n\t\ti) every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and \n\t\tii) every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight; \n\tb) the responsible individual— \n\t\ti) is suitable to look after children under the age of eight, or \n\t\tii) if he is not looking after such children, is suitable to be in regular contact with them; \n\tc) the premises are suitable to be used for looking after children under the age of eight, having regard to their condition and the condition and appropriateness of any equipment on the premises and to any other factor connected with the situation, construction or size of the premises; and \n\td) he is complying with regulations under section 79C and with any conditions imposed under this Part . \n5) For the purposes of subsection (4)(a) a person is not treated as working on the premises in question if— \n\ta) none of his work is done in the part of the premises in which children are looked after; or \n\tb) he does not work on the premises at times when children are looked after there. \n5ZA) For the purposes of subsection (4),  “the responsible individual” means— \n\ta) in a case of one individual working on the premises in the provision of day care, that person; \n\tb) in a case of two or more individuals so working, the individual so working who is in charge. \n5A) Where, for the purposes of determining a person’s qualification for registration under this Part— \n\ta) the Assembly requests any person (“A”) to consent to the disclosure to the Assembly by another person (“B”) of any information relating to A which is held by B and is of a prescribed description, and \n\tb) A does not give his consent (or withdraws it after having given it), the Assembly may, if regulations so provide and it thinks it appropriate to do so, regard A as not suitable to look after children under the age of eight, or not suitable to be in regular contact with such children. \n6) “Domestic premises” means any premises which are wholly or mainly used as a private dwelling and “premises” includes any area and any vehicle. \n7) “Regulations” means regulations made by the Assembly. \n8)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) Schedule 9A (which supplements the provisions of this Part) shall have effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79B",
    "legislation_id": "ukpga/1989/41",
    "title": "Other definitions, etc.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.091628Z",
    "text": "Section 17ZA) **Young carers' needs assessments \n\n...**\n\n1) A local authority  ... must assess whether a young carer within their area has needs for support and, if so, what those needs are, if— \n\ta) it appears to the authority that the young carer may have needs for support, or \n\tb) the authority receive a request from the young carer or a parent of the young carer to assess the young carer's needs for support. \n2) An assessment under subsection (1) is referred to in this Part as a  “young carer's needs assessment”. \n3) In this Part  “young carer” means a person under 18 who provides or intends to provide care for another person (but this is qualified by section 17ZB(3)). \n4) Subsection (1) does not apply in relation to a young carer if the local authority have previously carried out a care-related assessment of the young carer in relation to the same person cared for. \n5) But subsection (1) does apply (and so a young carer's needs assessment must be carried out) if it appears to the authority that the needs or circumstances of the young carer or the person cared for have changed since the last care-related assessment. \n6) “Care-related assessment” means— \n\ta) a young carer's needs assessment; \n\tb) an assessment under any of the following— \n\t\ti) section 1 of the Carers (Recognition and Services) Act 1995; \n\t\tii) section 1 of the Carers and Disabled Children Act 2000; \n\t\tiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\t\tiv) Part 1 of the Care Act 2014. \n7) A young carer's needs assessment must include an assessment of whether it is appropriate for the young carer to provide, or continue to provide, care for the person in question, in the light of the young carer's needs for support, other needs and wishes. \n8) A local authority, in carrying out a young carer's needs assessment, must have regard to— \n\ta) the extent to which the young carer is participating in or wishes to participate in education, training or recreation, and \n\tb) the extent to which the young carer works or wishes to work. \n9) A local authority, in carrying out a young carer's needs assessment, must involve— \n\ta) the young carer, \n\tb) the young carer's parents, and \n\tc) any person who the young carer or a parent of the young carer requests the authority to involve. \n10) A local authority that have carried out a young carer's needs assessment must give a written record of the assessment to— \n\ta) the young carer, \n\tb) the young carer's parents, and \n\tc) any person to whom the young carer or a parent of the young carer requests the authority to give a copy. \n11) Where the person cared for is under 18, the written record must state whether the local authority consider him or her to be a child in need. \n12) A local authority  ... must take reasonable steps to identify the extent to which there are young carers within their area who have needs for support. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZA",
    "legislation_id": "ukpga/1989/41",
    "title": "Young carers' needs assessments ...",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.050842Z",
    "text": "Section 14C) **Special guardianship orders: effect**\n\n1) The effect of a special guardianship order is that while the order remains in force— \n\ta) a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and \n\tb) subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian). \n2) Subsection (1) does not affect— \n\ta) the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or \n\tb) any rights which a parent of the child has in relation to the child’s adoption or placement for adoption. \n3) While a special guardianship order is in force with respect to a child, no person may— \n\ta) cause the child to be known by a new surname; or \n\tb) remove him from the United Kingdom, without either the written consent of every person who has parental responsibility for the child or the leave of the court. \n4) Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his. \n5) If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to— \n\ta) each parent of the child with parental responsibility; and \n\tb) each guardian of the child, but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian. \n6) This section is subject to section 29(7) of the Adoption and Children Act 2002. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14C",
    "legislation_id": "ukpga/1989/41",
    "title": "Special guardianship orders: effect",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.916833Z",
    "text": "Section 3) **Meaning of “parental responsibility”.**\n\n1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. \n2) It also includes the rights, powers and duties which a guardian of the child’s estate (appointed, before the commencement of section 5, to act generally) would have had in relation to the child and his property. \n3) The rights referred to in subsection (2) include, in particular, the right of the guardian to receive or recover in his own name, for the benefit of the child, property of whatever description and wherever situated which the child is entitled to receive or recover. \n4) The fact that a person has, or does not have, parental responsibility for a child shall not affect— \n\ta) any obligation which he may have in relation to the child (such as a statutory duty to maintain the child); or \n\tb) any rights which, in the event of the child’s death, he (or any other person) may have in relation to the child’s property. \n5) A person who— \n\ta) does not have parental responsibility for a particular child; but \n\tb) has care of the child, may (subject to the provisions of this Act) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/3",
    "legislation_id": "ukpga/1989/41",
    "title": "Meaning of “parental responsibility”.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.683137Z",
    "text": "Section 96) **Evidence given by, or with respect to, children.**\n\n1) Subsection (2) applies where a child who is called as a witness in any civil proceedings does not, in the opinion of the court, understand the nature of an oath. \n2) The child’s evidence may be heard by the court if, in its opinion— \n\ta) he understands that it is his duty to speak the truth; and \n\tb) he has sufficient understanding to justify his evidence being heard. \n3) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order make provision for the admissibility of evidence which would otherwise be inadmissible under any rule of law relating to hearsay. \n4) An order under subsection (3) may only be made with respect to— \n\ta) civil proceedings in general or such civil proceedings, or class of civil proceedings, as may be prescribed; and \n\tb) evidence in connection with the upbringing, maintenance or welfare of a child. \n5) An order under subsection (3)— \n\ta) may, in particular, provide for the admissibility of statements which are made orally or in a prescribed form or which are recorded by any prescribed method of recording; \n\tb) may make different provision for different purposes and in relation to different descriptions of court; and \n\tc) may make such amendments and repeals in any enactment relating to evidence (other than in this Act) as the Lord Chancellor considers necessary or expedient in consequence of the provision made by the order. \n6) Subsection (5)(b) is without prejudice to section 104(4). \n7) In this section— \n\t- “civil proceedings” means civil proceedings, before any tribunal, in relation to which the strict rules of evidence apply, whether as a matter of law or by agreement of the parties, and references to “the court” shall be construed accordingly;\n\t- “prescribed” means prescribed by an order under subsection (3).",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/96",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/96",
    "legislation_id": "ukpga/1989/41",
    "title": "Evidence given by, or with respect to, children.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 96,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.136997Z",
    "text": "Section 18) **Day care for pre-school and other children.**\n\n1) Every local authority shall provide such day care for children in need within their area who are— \n\ta) aged five or under; and \n\tb) not yet attending schools, as is appropriate. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) A local authority may provide facilities (including training, advice, guidance and counselling) for those— \n\ta) caring for children in day care; or \n\tb) who at any time accompany such children while they are in day care. \n4) In this section “day care” means any form of care or supervised activity provided for children during the day (whether or not it is provided on a regular basis). \n5) Every local authority shall provide for children in need within their area who are attending any school such care or supervised activities as is appropriate— \n\ta) outside school hours; or \n\tb) during school holidays. \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) In this section “supervised activity” means an activity supervised by a responsible person. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/18",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/18",
    "legislation_id": "ukpga/1989/41",
    "title": "Day care for pre-school and other children.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.498990Z",
    "text": "Section 60) **Voluntary homes.**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) In this Act “voluntary home” means a children’s home which is carried on by a voluntary organisation but does not include a community home. \n4) Schedule 5 shall have effect for the purpose of supplementing the provisions of this Part. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/60",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/60",
    "legislation_id": "ukpga/1989/41",
    "title": "Voluntary homes.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 60,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.224968Z",
    "text": "Section 23E) **Pathway plans.**\n\n1) In this Part, a reference to a “pathway plan” is to a plan setting out— \n\ta) in the case of a plan prepared under paragraph 19B of Schedule 2— \n\t\ti) the advice, assistance and support which the local authority intend to provide a child under this Part, both while they are looking after him and later; and \n\t\tii) when they might cease to look after him; \n\taa) in the case of a plan prepared under section 23CZB, the advice and support that the local authority intend to provide; and \n\tb) in the case of a plan prepared under section 23B or 23CA , the advice, assistance and support which the local authority intend to provide under this Part, and dealing with such other matters (if any) as may be prescribed in regulations made by the Secretary of State . \n1ZA) A local authority may carry out an assessment under section 23CZB(5) of a person's needs at the same time as any assessment of the person's needs is made under section 23CA(3). \n1A) A local authority may carry out an assessment under section 23B(3) , 23CZB(5) or 23CA(3) of a person's needs at the same time as any assessment of his needs is made under— \n\ta) the Chronically Sick and Disabled Persons Act 1970; \n\tb) Part 4 of the Education Act 1996 or Part 3 of the Children and Families Act 2014 (in the case of an assessment under section 23B(3)); \n\tba) Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; \n\tc) the Disabled Persons (Services, Consultation and Representation) Act 1986; or \n\td) any other enactment. \n1B) The Secretary of State may by regulations make provision as to assessments for the purposes of section 23B(3) , 23CZB(5) or 23CA. \n1C) Regulations under subsection (1B) may in particular make provision about— \n\ta) who is to be consulted in relation to an assessment; \n\tb) the way in which an assessment is to be carried out, by whom and when; \n\tc) the recording of the results of an assessment; \n\td) the considerations to which a local authority are to have regard in carrying out an assessment. \n1D) A local authority shall keep each pathway plan prepared by them under section 23B , 23CZB or 23CA under review. \n2) The Secretary of State may by regulations make provision about pathway plans and their review. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23E",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23E",
    "legislation_id": "ukpga/1989/41",
    "title": "Pathway plans.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.263070Z",
    "text": "Section 26) **Review of cases and inquiries into representations.**\n\n1) The Secretary of State may make regulations requiring the case of each child who is being looked after by a local authority to be reviewed in accordance with the provisions of the regulations. \n2) The regulations may, in particular, make provision— \n\ta) as to the manner in which each case is to be reviewed; \n\tb) as to the considerations to which the local authority are to have regard in reviewing each case; \n\tc) as to the time when each case is first to be reviewed and the frequency of subsequent reviews; \n\td) requiring the authority, before conducting any review, to seek the views of— \n\t\ti) the child; \n\t\tii) his parents; \n\t\tiii) any person who is not a parent of his but who has parental responsibility for him; and \n\t\tiv) any other person whose views the authority consider to be relevant, including, in particular, the views of those persons in relation to any particular matter which is to be considered in the course of the review; \n\te) requiring the authority  . . . , in the case of a child who is in their care \n\t\ti) to keep the section 31A plan for the child under review and, if they are of the opinion that some change is required, to revise the plan, or make a new plan, accordingly, \n\t\tii) to consider , whether an application should be made to discharge the care order; \n\tf) requiring the authority  . . . , in the case of a child in accommodation provided by the authority \n\t\ti) if there is no plan for the future care of the child, to prepare one, \n\t\tii) if there is such a plan for the child, to keep it under review and, if they are of the opinion that some change is required, to revise the plan or make a new plan, accordingly, \n\t\tiii) to consider , whether the accommodation accords with the requirements of this Part; \n\tg) requiring the authority to inform the child, so far as is reasonably practicable, of any steps he may take under this Act; \n\th) requiring the authority to make arrangements, including arrangements with such other bodies providing services as it considers appropriate, to implement any decision which they propose to make in the course, or as a result, of the review; \n\ti) requiring the authority to notify details of the result of the review and of any decision taken by them in consequence of the review to— \n\t\ti) the child; \n\t\tii) his parents; \n\t\tiii) any person who is not a parent of his but who has parental responsibility for him; and \n\t\tiv) any other person whom they consider ought to be notified; \n\tj) requiring the authority to monitor the arrangements which they have made with a view to ensuring that they comply with the regulations. \n\tk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) Every local authority shall establish a procedure for considering any representations (including any complaint) made to them by— \n\ta) any child who is being looked after by them or who is not being looked after by them but is in need; \n\tb) a parent of his; \n\tc) any person who is not a parent of his but who has parental responsibility for him; \n\td) any local authority foster parent; \n\te) such other person as the authority consider has a sufficient interest in the child’s welfare to warrant his representations being considered by them, about the discharge by the authority of any of their qualifying functions in relation to the child. \n3A) The following are qualifying functions for the purposes of subsection (3)— \n\ta) functions under this Part, \n\tb) such functions under Part 4 or 5 as are specified by the Secretary of State in regulations. \n3B) The duty under subsection (3) extends to representations (including complaints) made to the authority by— \n\ta) any person mentioned in section 3(1) of the Adoption and Children Act 2002 (persons for whose needs provision is made by the Adoption Service) and any other person to whom arrangements for the provision of adoption support services (within the meaning of that Act) extend, \n\tb) such other person as the authority consider has sufficient interest in a child who is or may be adopted to warrant his representations being considered by them, about the discharge by the authority of such functions under the Adoption and Children Act 2002 as are specified by the Secretary of State in regulations. \n3C) The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by— \n\ta) a child with respect to whom a special guardianship order is in force, \n\tb) a special guardian or a parent of such a child, \n\tc) any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or \n\td) any person who has applied for an assessment under section 14F(3) or (4), about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations. \n4) The procedure shall ensure that at least one person who is not a member or officer of the authority takes part in— \n\ta) the consideration; and \n\tb) any discussions which are held by the authority about the action (if any) to be taken in relation to the child in the light of the consideration but this subsection is subject to subsection (5A). \n4A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under this section. \n5) In carrying out any consideration of representations under this section a local authority shall comply with any regulations made by the Secretary of State for the purpose of regulating the procedure to be followed. \n5A) Regulations under subsection (5) may provide that subsection (4) does not apply in relation to any consideration or discussion which takes place as part of a procedure for which provision is made by the regulations for the purpose of resolving informally the matters raised in the representations. \n6) The Secretary of State may make regulations requiring local authorities to monitor the arrangements that they have made with a view to ensuring that they comply with any regulations made for the purposes of subsection (5). \n7) Where any representation has been considered under the procedure established by a local authority under this section, the authority shall— \n\ta) have due regard to the findings of those considering the representation; and \n\tb) take such steps as are reasonably practicable to notify (in writing)— \n\t\ti) the person making the representation; \n\t\tii) the child (if the authority consider that he has sufficient understanding); and \n\t\tiii) such other persons (if any) as appear to the authority to be likely to be affected, of the authority’s decision in the matter and their reasons for taking that decision and of any action which they have taken, or propose to take. \n8) Every local authority shall give such publicity to their procedure for considering representations under this section as they consider appropriate. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/26",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/26",
    "legislation_id": "ukpga/1989/41",
    "title": "Review of cases and inquiries into representations.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 26,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.431415Z",
    "text": "Section 47) **Local authority’s duty to investigate.**\n\n1) Where a local authority— \n\ta) are informed that a child who lives, or is found, in their area— \n\t\ti) is the subject of an emergency protection order; or \n\t\tii) is in police protection;  ... \n\t\tiii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm, the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare.  .... \n2) Where a local authority have obtained an emergency protection order with respect to a child, they shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide what action they should take to safeguard or promote the child’s welfare. \n3) The enquiries shall, in particular, be directed towards establishing— \n\ta) whether the authority should— \n\t\ti) make any application to court under this Act; \n\t\tii) exercise any of their other powers under this Act; \n\t\tiii) exercise any of their powers under section 11 of the Crime and Disorder Act 1998 (child safety orders); or \n\t\tiv) (where the authority is a local authority in Wales) exercise any of their powers under the Social Services and Well-being (Wales) Act 2014; with respect to the child; \n\tb) whether, in the case of a child— \n\t\ti) with respect to whom an emergency protection order has been made; and \n\t\tii) who is not in accommodation provided by or on behalf of the authority, it would be in the child’s best interests (while an emergency protection order remains in force) for him to be in such accommodation; and \n\tc) whether, in the case of a child who has been taken into police protection, it would be in the child’s best interests for the authority to ask for an application to be made under section 46(7). \n4) Where enquiries are being made under subsection (1) with respect to a child, the local authority concerned shall (with a view to enabling them to determine what action, if any, to take with respect to him) take such steps as are reasonably practicable— \n\ta) to obtain access to him; or \n\tb) to ensure that access to him is obtained, on their behalf, by a person authorised by them for the purpose, unless they are satisfied that they already have sufficient information with respect to him. \n5) Where, as a result of any such enquiries, it appears to the authority that there are matters connected with the child’s education which should be investigated, they shall consult the local authority (as defined in section 579(1) of the Education 1996), if different, specified in subsection (5ZA). \n5ZA) The local authority referred to in subsection (5) is— \n\ta) the local authority who — \n\t\ti) maintain any school at which the child is a pupil, or \n\t\tii) make arrangements for the provision of education for the child otherwise than at school pursuant to section 19 or 19A of the Education Act 1996, or \n\tb) in a case where the child is a pupil at a school which is not maintained by a local authority, the local authority in whose area the school is situated. \n5A) For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— \n\ta) ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and \n\tb) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain. \n6) Where, in the course of enquiries made under this section— \n\ta) any officer of the local authority concerned; or \n\tb) any person authorised by the authority to act on their behalf in connection with those enquiries— \n\t\ti) is refused access to the child concerned; or \n\t\tii) is denied information as to his whereabouts, the authority shall apply for an emergency protection order, a child assessment order, a care order or a supervision order with respect to the child unless they are satisfied that his welfare can be satisfactorily safeguarded without their doing so. \n7) If, on the conclusion of any enquiries or review made under this section, the authority decide not to apply for an emergency protection order, a child assessment order, a care order or a supervision order they shall— \n\ta) consider whether it would be appropriate to review the case at a later date; and \n\tb) if they decide that it would be, determine the date on which that review is to begin. \n8) Where, as a result of complying with this section, a local authority conclude that they should take action to safeguard or promote the child’s welfare they shall take that action (so far as it is both within their power and reasonably practicable for them to do so). \n9) Where a local authority are conducting enquiries under this section, it shall be the duty of any person mentioned in subsection (11) to assist them with those enquiries (in particular by providing relevant information and advice) if called upon by the authority to do so. \n10) Subsection (9) does not oblige any person to assist a local authority where doing so would be unreasonable in all the circumstances of the case. \n11) The persons are— \n\ta) any local authority; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) any local housing authority; \n\tca) NHS England ; \n\td) any integrated care board, Local Health Board , Special Health Authority  ... , National Health Service trust or NHS foundation trust ; and \n\te) any person authorised by the Secretary of State for the purposes of this section. \n12) Where a local authority are making enquiries under this section with respect to a child who appears to them to be ordinarily resident within the area of another authority, they shall consult that other authority, who may undertake the necessary enquiries in their place. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/47",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/47",
    "legislation_id": "ukpga/1989/41",
    "title": "Local authority’s duty to investigate.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 47,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.900515Z",
    "text": "SCHEDULE 3 Supervision Orders Sections 35 and 36. ## Part I\n## General\n\n*Meaning of “responsible person\"*\n\n1) In this Schedule, “the responsible person”, in relation to a supervised child, means— \n\ta) any person who has parental responsibility for the child; and \n\tb) any other person with whom the child is living. *Power of supervisor to give directions to supervised child*\n\n2) \n1) A supervision order may require the supervised child to comply with any directions given from time to time by the supervisor which require him to do all or any of the following things— \n\ta) to live at a place or places specified in the directions for a period or periods so specified; \n\tb) to present himself to a person or persons specified in the directions at a place or places and on a day or days so specified; \n\tc) to participate in activities specified in the directions on a day or days so specified. \n2) It shall be for the supervisor to decide whether, and to what extent, he exercises his power to give directions and to decide the form of any directions which he gives. \n3) Sub-paragraph (1) does not confer on a supervisor power to give directions in respect of any medical or psychiatric examination or treatment (which are matters dealt with in paragraphs 4 and 5). *Imposition of obligations on responsible person*\n\n3) \n1) With the consent of any responsible person, a supervision order may include a requirement— \n\ta) that he take all reasonable steps to ensure that the supervised child complies with any direction given by the supervisor under paragraph 2; \n\tb) that he take all reasonable steps to ensure that the supervised child complies with any requirement included in the order under paragraph 4 or 5; \n\tc) that he comply with any directions given by the supervisor requiring him to attend at a place specified in the directions for the purpose of taking part in activities so specified. \n2) A direction given under sub-paragraph (1)(c) may specify the time at which the responsible person is to attend and whether or not the supervised child is required to attend with him. \n3) A supervision order may require any person who is a responsible person in relation to the supervised child to keep the supervisor informed of his address, if it differs from the child’s. *Psychiatric and medical examinations*\n\n4) \n1) A supervision order may require the supervised child— \n\ta) to submit to a medical or psychiatric examination; or \n\tb) to submit to any such examination from time to time as directed by the supervisor. \n2) Any such examination shall be required to be conducted— \n\ta) by, or under the direction of, such registered medical practitioner as may be specified in the order; \n\tb) at a place specified in the order and at which the supervised child is to attend as a non-resident patient; or \n\tc) at— \n\t\ti) a health service hospital; or \n\t\tii) in the case of a psychiatric examination, a hospital , independent hospital or care home , at which the supervised child is, or is to attend as, a resident patient. \n3) A requirement of a kind mentioned in sub-paragraph (2)(c) shall not be included unless the court is satisfied, on the evidence of a registered medical practitioner, that— \n\ta) the child may be suffering from a physical or mental condition that requires, and may be susceptible to, treatment; and \n\tb) a period as a resident patient is necessary if the examination is to be carried out properly. \n4) No court shall include a requirement under this paragraph in a supervision order unless it is satisfied that— \n\ta) where the child has sufficient understanding to make an informed decision, he consents to its inclusion; and \n\tb) satisfactory arrangements have been, or can be, made for the examination. *Psychiatric and medical treatment*\n\n5) \n1) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner approved for the purposes of section 12 of the  Mental Health Act 1983, that the mental condition of the supervised child— \n\ta) is such as requires, and may be susceptible to, treatment; but \n\tb) is not such as to warrant his detention in pursuance of a hospital order under Part III of that Act, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified. \n2) The treatment specified in accordance with sub-paragraph (1) must be— \n\ta) by, or under the direction of, such registered medical practitioner as may be specified in the order; \n\tb) as a non-resident patient at such a place as may be so specified; or \n\tc) as a resident patient in a hospital , independent hospital or care home . \n3) Where a court which proposes to make or vary a supervision order is satisfied, on the evidence of a registered medical practitioner, that the physical condition of the supervised child is such as requires, and may be susceptible to, treatment, the court may include in the order a requirement that the supervised child shall, for a period specified in the order, submit to such treatment as is so specified. \n4) The treatment specified in accordance with sub-paragraph (3) must be— \n\ta) by, or under the direction of, such registered medical practitioner as may be specified in the order; \n\tb) as a non-resident patient at such place as may be so specified; or \n\tc) as a resident patient in a health service hospital. \n5) No court shall include a requirement under this paragraph in a supervision order unless it is satisfied— \n\ta) where the child has sufficient understanding to make an informed decision, that he consents to its inclusion; and \n\tb) that satisfactory arrangements have been, or can be, made for the treatment. \n6) If a medical practitioner by whom or under whose direction a supervised person is being treated in pursuance of a requirement included in a supervision order by virtue of this paragraph is unwilling to continue to treat or direct the treatment of the supervised child or is of the opinion that— \n\ta) the treatment should be continued beyond the period specified in the order; \n\tb) the supervised child needs different treatment; \n\tc) he is not susceptible to treatment; or \n\td) he does not require further treatment, the practitioner shall make a report in writing to that effect to the supervisor. \n7) On receiving a report under this paragraph the supervisor shall refer it to the court, and on such a reference the court may make an order cancelling or varying the requirement. ## Part II\n## Miscellaneous\n\n*Life of supervision order*\n\n6) \n1) Subject to sub-paragraph (2) and section 91, a supervision order shall cease to have effect at the end of the period of one year beginning with the date on which it was made. \n2) A supervision order shall also cease to have effect if an event mentioned in section 25(1)(a) or (b) of the  Child Abduction and Custody Act 1985 (termination of existing orders) occurs with respect to the child. \n3) Where the supervisor applies to the court to extend, or further extend, a supervision order the court may extend the order for such period as it may specify. \n4) A supervision order may not be extended so as to run beyond the end of the period of three years beginning with the date on which it was made. *Limited life of directions*\n\n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Information to be given to supervisor etc.*\n\n8) \n1) A supervision order may require the supervised child— \n\ta) to keep the supervisor informed of any change in his address; and \n\tb) to allow the supervisor to visit him at the place where he is living. \n2) The responsible person in relation to any child with respect to whom a supervision order is made shall— \n\ta) if asked by the supervisor, inform him of the child’s address (if it is known to him); and \n\tb) if he is living with the child, allow the supervisor reasonable contact with the child. *Selection of supervisor*\n\n9) \n1) A supervision order shall not designate a local authority as the supervisor unless— \n\ta) the authority agree; or \n\tb) the supervised child lives or will live within their area. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Effect of supervision order on earlier orders*\n\n10) The making of a supervision order with respect to any child brings to an end any earlier care or supervision order which— \n\ta) was made with respect to that child; and \n\tb) would otherwise continue in force. *Local authority functions and expenditure*\n\n11) \n1) The Secretary of State may make regulations with respect to the exercise by a local authority of their functions where a child has been placed under their supervision by a supervision order. \n2) Where a supervision order requires compliance with directions given by virtue of this section, any expenditure incurred by the supervisor for the purposes of the directions shall be defrayed by the local authority designated in the order. ## Part III\n## Education supervision orders\n\n*Effect of orders*\n\n12) \n1) Where an education supervision order is in force with respect to a child, it shall be the duty of the supervisor— \n\ta) to advise, assist and befriend, and give directions to— \n\t\ti) the supervised child; and \n\t\tii) his parents, in such a way as will, in the opinion of the supervisor, secure that he is properly educated; \n\tb) where any such directions given to— \n\t\ti) the supervised child; or \n\t\tii) a parent of his, have not been complied with, to consider what further steps to take in the exercise of the supervisor’s powers under this Act. \n2) Before giving any directions under sub-paragraph (1) the supervisor shall, so far as is reasonably practicable, ascertain the wishes and feelings of— \n\ta) the child; and \n\tb) his parents, including, in particular, their wishes as to the place at which the child should be educated. \n3) When settling the terms of any such directions, the supervisor shall give due consideration— \n\ta) having regard to the child’s age and understanding, to such wishes and feelings of his as the supervisor has been able to ascertain; and \n\tb) to such wishes and feelings of the child’s parents as he has been able to ascertain. \n4) Directions may be given under this paragraph at any time while the education supervision order is in force. \n13) \n1) Where an education supervision order is in force with respect to a child, the duties of the child’s parents under sections 7 and 444 of the Education Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) shall be superseded by their duty to comply with any directions in force under the education supervision order. \n2) Where an education supervision order is made with respect to a child— \n\ta) any school attendance order— \n\t\ti) made under section 437 of the Education Act 1996 with respect to the child; and \n\t\tii) in force immediately before the making of the education supervision order, shall cease to have effect; and \n\tb) while the education supervision order remains in force, the following provisions shall not apply with respect to the child— \n\t\ti) section 437 of that Act (school attendance orders); \n\t\tii) section 9 of that Act (pupils to be educated in accordance with wishes of their parents); \n\t\tiii) sections 411 and 423 of that Act (parental preference and appeals against admission decisions); \n\tc) a youth rehabilitation order made under Chapter 1 of Part 9 of the Sentencing Code with respect to the child, while the education supervision order is in force, may not include an education requirement (within the meaning of that Part); \n\td) any education requirement of a kind mentioned in paragraph (c), which was in force with respect to the child immediately before the making of the education supervision order, shall cease to have effect. *Effect where child also subject to supervision order*\n\n14) \n1) This paragraph applies where an education supervision order and a supervision order, or youth rehabilitation order (within the meaning given by section 173 of the Sentencing Code ) , are in force at the same time with respect to the same child. \n2) Any failure to comply with a direction given by the supervisor under the education supervision order shall be disregarded if it would not have been reasonably practicable to comply with it without failing to comply with a direction or instruction given under the other order. *Duration of orders*\n\n15) \n1) An education supervision order shall have effect for a period of one year, beginning with the date on which it is made. \n2) An education supervision order shall not expire if, before it would otherwise have expired, the court has (on the application of the authority in whose favour the order was made) extended the period during which it is in force. \n3) Such an application may not be made earlier than three months before the date on which the order would otherwise expire. \n4) The period during which an education supervision order is in force may be extended under sub-paragraph (2) on more than one occasion. \n5) No one extension may be for a period of more than three years. \n6) An education supervision order shall cease to have effect on— \n\ta) the child’s ceasing to be of compulsory school age; or \n\tb) the making of a care order with respect to the child; and sub-paragraphs (1) to (4) are subject to this sub-paragraph. *Information to be given to supervisor etc.*\n\n16) \n1) An education supervision order may require the child— \n\ta) to keep the supervisor informed of any change in his address; and \n\tb) to allow the supervisor to visit him at the place where he is living. \n2) A person who is the parent of a child with respect to whom an education supervision order has been made shall— \n\ta) if asked by the supervisor, inform him of the child’s address (if it is known to him); and \n\tb) if he is living with the child, allow the supervisor reasonable contact with the child. *Discharge of orders*\n\n17) \n1) The court may discharge any education supervision order on the application of— \n\ta) the child concerned; \n\tb) a parent of his; or \n\tc) the local authority designated in the order . \n2) On discharging an education supervision order, the court may direct the local authority within whose area the child lives, or will live, to investigate the circumstances of the child. *Offences*\n\n18) \n1) If a parent of a child with respect to whom an education supervision order is in force persistently fails to comply with a direction given under the order he shall be guilty of an offence. \n2) It shall be a defence for any person charged with such an offence to prove that— \n\ta) he took all reasonable steps to ensure that the direction was complied with; \n\tb) the direction was unreasonable; or \n\tc) he had complied with— \n\t\ti) a requirement included in a supervision order made with respect to the child; or \n\t\tii) directions given under such a requirement, and that it was not reasonably practicable to comply both with the direction and with the requirement or directions mentioned in this paragraph. \n3) A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. *Persistent failure of child to comply with directions*\n\n19) \n1) Where a child with respect to whom an education supervision order is in force persistently fails to comply with any direction given under the order, the local authority designated in the order shall notify the appropriate local authority, if different . \n2) Where a local authority have been notified under sub-paragraph (1) they shall investigate the circumstances of the child. \n3) In this paragraph “the appropriate local authority” has the same meaning as in section 36. *Miscellaneous*\n\n20) The Secretary of State may by regulations make provision modifying, or displacing, the provisions of any enactment about education in relation to any child with respect to whom an education supervision order is in force to such extent as appears to the Secretary of State to be necessary or expedient in consequence of the provision made by this Act with respect to such orders. *Interpretation*\n\n21) In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996. ). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/3",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/3",
    "legislation_id": "ukpga/1989/41",
    "title": "Supervision Orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.450157Z",
    "text": "Section 49) **Abduction of children in care etc.**\n\n1) A person shall be guilty of an offence if, knowingly and without lawful authority or reasonable excuse, he— \n\ta) takes a child to whom this section applies away from the responsible person; \n\tb) keeps such a child away from the responsible person; or \n\tc) induces, assists or incites such a child to run away or stay away from the responsible person. \n2) This section applies in relation to a child who is— \n\ta) in care; \n\tb) the subject of an emergency protection order; or \n\tc) in police protection, and in this section “the responsible person” means any person who for the time being has care of him by virtue of the care order, the emergency protection order, or section 46, as the case may be. \n3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/49",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/49",
    "legislation_id": "ukpga/1989/41",
    "title": "Abduction of children in care etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 49,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.529808Z",
    "text": "Section 68) **Persons disqualified from being private foster parents.**\n\n1) Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if he is disqualified from doing so by regulations made by the Secretary of State for the purposes of this section. \n2) The regulations may, in particular, provide for a person to be so disqualified where— \n\ta) an order of a kind specified in the regulations has been made at any time with respect to him; \n\tb) an order of a kind so specified has been made at any time with respect to any child who has been in his care; \n\tc) a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment; \n\td) he has been convicted of any offence of a kind so specified, or  . . .  discharged absolutely or conditionally for any such offence; \n\te) a prohibition has been imposed on him at any time under section 69 or under any other specified enactment; \n\tf) his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment. \n2A) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of subsection (2)(d). \n3) Unless he has disclosed the fact to the appropriate local authority and obtained their written consent, a person shall not foster a child privately if— \n\ta) he lives in the same household as a person who is himself prevented from fostering a child by subsection (1); or \n\tb) he lives in a household at which any such person is employed. \n3A) A person shall not foster a child privately if— \n\ta) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or \n\tb) he lives in the same household as a person who is barred from such activity. \n4) Where an authority refuse to give their consent under this section, they shall inform the applicant by a written notice which states— \n\ta) the reason for the refusal; \n\tb) the applicant’s right under paragraph 8 of Schedule 8 to appeal against the refusal; and \n\tc) the time within which he may do so. \n5) In this section— \n\t- “the appropriate authority” means the local authority within whose area it is proposed to foster the child in question; and\n\t- “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/68",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/68",
    "legislation_id": "ukpga/1989/41",
    "title": "Persons disqualified from being private foster parents.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 68,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.919072Z",
    "text": "Section 4) **Acquisition of parental responsibility by father.**\n\n1) Where a child’s father and mother were not married to , or civil partners of, each other at the time of his birth , the father shall acquire parental responsibility for the child if— \n\ta) he becomes registered as the child’s father under any of the enactments specified in subsection (1A); \n\tb) he and the child’s mother make an agreement (a “parental responsibility agreement”) providing for him to have parental responsibility for the child; or \n\tc) the court, on his application, orders that he shall have parental responsibility for the child. \n1A) The enactments referred to in subsection (1)(a) are— \n\ta) paragraphs (a), (b) and (c) of section 10(1) and of section 10A(1) of the Births and Deaths Registration Act 1953; \n\tb) paragraphs (a), (b)(i) and (c) of section 18(1), and sections 18(2)(b) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and \n\tc) sub-paragraphs (a), (b) and (c) of Article 14(3) of the Births and Deaths Registration (Northern Ireland) Order 1976. \n1B) The Secretary of State may by order amend subsection (1A) so as to add further enactments to the list in that subsection. \n2) No parental responsibility agreement shall have effect for the purposes of this Act unless— \n\ta) it is made in the form prescribed by regulations made by the Lord Chancellor; and \n\tb) where regulations are made by the Lord Chancellor prescribing the manner in which such agreements must be recorded, it is recorded in the prescribed manner. \n2A) A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders. \n3) The court may make an order under subsection (2A) on the application— \n\ta) of any person who has parental responsibility for the child; or \n\tb) with the leave of the court, of the child himself, subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4). \n4) The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/4",
    "legislation_id": "ukpga/1989/41",
    "title": "Acquisition of parental responsibility by father.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.941136Z",
    "text": "Section 7) **Welfare reports.**\n\n1) A court considering any question with respect to a child under this Act may— \n\ta) ask an officer of the Service or a Welsh family proceedings officer ; or \n\tb) ask a local authority to arrange for— \n\t\ti) an officer of the authority; or \n\t\tii) such other person (other than an officer of the Service or a Welsh family proceedings officer ) as the authority considers appropriate, to report to the court on such matters relating to the welfare of that child as are required to be dealt with in the report. \n2) The Lord Chancellor may , after consulting the Lord Chief Justice, make regulations specifying matters which, unless the court orders otherwise, must be dealt with in any report under this section. \n3) The report may be made in writing, or orally, as the court requires. \n4) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of— \n\ta) any statement contained in the report; and \n\tb) any evidence given in respect of the matters referred to in the report, in so far as the statement or evidence is, in the opinion of the court, relevant to the question which it is considering. \n5) It shall be the duty of the authority or officer of the Service or a Welsh family proceedings officer to comply with any request for a report under this section. \n6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/7",
    "legislation_id": "ukpga/1989/41",
    "title": "Welfare reports.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.512224Z",
    "text": "Section 64) **Welfare of children in children’s homes.**\n\n1) Where a child is accommodated in a private children’s home, it shall be the duty of the person carrying on the home to— \n\ta) safeguard and promote the child’s welfare; \n\tb) make such use of the services and facilities available for children cared for by their own parents as appears to that person reasonable in the case of the child; and \n\tc) advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated. \n2) Before making any decision with respect to any such child the person carrying on the home shall, so far as is reasonably practicable, ascertain the wishes and feelings of— \n\ta) the child; \n\tb) his parents; \n\tc) any other person who is not a parent of his but who has parental responsibility for him; and \n\td) any person whose wishes and feelings the person carrying on the home considers to be relevant, regarding the matter to be decided. \n3) In making any such decision the person concerned shall give due consideration— \n\ta) having regard to the child’s age and understanding, to such wishes and feelings of his as he has been able to ascertain; \n\tb) to such other wishes and feelings mentioned in subsection (2) as he has been able to ascertain; and \n\tc) to the child’s religious persuasion, racial origin and cultural and linguistic background. \n4) Section 62, except subsection (4), shall apply in relation to any person who is carrying on a private children’s home as it applies in relation to any voluntary organisation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/64",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/64",
    "legislation_id": "ukpga/1989/41",
    "title": "Welfare of children in children’s homes.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 64,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.228850Z",
    "text": "Section 24) **Persons qualifying for advice and assistance.**\n\n1) In this Part “a person qualifying for advice and assistance” means a person to whom subsection (1A) or (1B) applies. \n1A) This subsection applies to a person— \n\ta) who has reached the age of sixteen but not the age of twenty-one; \n\tb) with respect to whom a special guardianship order is in force (or, if he has reached the age of eighteen, was in force when he reached that age); and \n\tc) who was, immediately before the making of that order, looked after by a local authority. \n1B) This subsection applies to a person to whom subsection (1A) does not apply, and who— \n\ta) is under twenty-one; and \n\tb) at any time after reaching the age of sixteen but while still a child was, but is no longer, looked after, accommodated or fostered. \n2) In subsection (1B)(b) , “looked after, accommodated or fostered” means— \n\ta) looked after by a local authority (without subsequently being looked after by a local authority in Wales) ; \n\tb) accommodated by or on behalf of a voluntary organisation; \n\tc) accommodated in a private children’s home; \n\td) accommodated for a consecutive period of at least three months— \n\t\ti) by any Local Health Board , Special Health Authority  ... or by a local authority in the exercise of education functions , or \n\t\tii) in any care home or independent hospital or in any accommodation provided pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by a National Health Service trust or an NHS foundation trust , or by a local authority in Wales in the exercise of education functions ; or \n\te) privately fostered. \n3) Subsection (2)(d) applies even if the period of three months mentioned there began before the child reached the age of sixteen. \n4) In the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), it is the duty of the local authority which last looked after him to take such steps as they think appropriate to contact him at such times as they think appropriate with a view to discharging their functions under sections 24A and 24B. \n5) In each of sections 24A and 24B, the local authority under the duty or having the power mentioned there (“the relevant authority”) is— \n\tza) in the case of a person to whom subsection (1A) applies, a local authority determined in accordance with regulations made by the Secretary of State ; \n\ta) in the case of a person qualifying for advice and assistance by virtue of subsection (2)(a), the local authority which last looked after him; or \n\tb) in the case of any other person qualifying for advice and assistance, the local authority within whose area the person is (if he has asked for help of a kind which can be given under section 24A or 24B). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/24",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/24",
    "legislation_id": "ukpga/1989/41",
    "title": "Persons qualifying for advice and assistance.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 24,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.588651Z",
    "text": "Section 79W) **Requirement for certificate of suitability.**\n\n1) This section applies to any person not required to register under this Part who looks after, or provides care for, children in Wales and meets the following conditions. References in this section to children are to those under the age of 15 or (in the case of disabled children) 17. \n2) The first condition is that the period, or the total of the periods, in any week which he spends looking after children or (as the case may be) during which the children are looked after exceeds five hours. \n3) The second condition is that he would be required to register under this Part (or, as the case may be, this Part if it were subject to prescribed modifications) if the children were under the age of eight. \n4) Regulations may require a person to whom this section applies to hold a certificate issued by the Assembly as to his suitability, and the suitability of each prescribed person, to look after children. \n5) The regulations may make provision about— \n\ta) applications for certificates; \n\tb) the matters to be taken into account by the Assembly in determining whether to issue certificates; \n\tc) the information to be contained in certificates; \n\td) the period of their validity. \n6) The regulations may provide that a person to whom this section applies shall be guilty of an offence— \n\ta) if he does not hold a certificate as required by the regulations; or \n\tb) if, being a person who holds such a certificate, he fails to produce it when reasonably required to do so by a prescribed person. \n7) The regulations may provide that a person who, for the purpose of obtaining such a certificate, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence. \n8) The regulations may provide that a person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79W",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79W",
    "legislation_id": "ukpga/1989/41",
    "title": "Requirement for certificate of suitability.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.194610Z",
    "text": "Section 23A) **The responsible authority and relevant children.**\n\n1) The responsible local authority shall have the functions set out in section 23B in respect of a relevant child. \n2) In subsection (1) “relevant child” means (subject to subsection (3)) a child who— \n\ta) is not being looked after by any local authority in England or by any local authority in Wales ; \n\tb) was, before last ceasing to be looked after, an eligible child for the purposes of paragraph 19B of Schedule 2; and \n\tc) is aged sixteen or seventeen. \n3) The Secretary of State may prescribe— \n\ta) additional categories of relevant children; and \n\tb) categories of children who are not to be relevant children despite falling within subsection (2). \n4) In subsection (1) the “responsible local authority” is the one which last looked after the child. \n5) If under subsection (3)(a) the Secretary of State prescribes a category of relevant children which includes children who do not fall within subsection (2)(b) (for example, because they were being looked after by a local authority in Scotland), the Secretary of State may in the regulations also provide for which local authority is to be the responsible local authority for those children. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23A",
    "legislation_id": "ukpga/1989/41",
    "title": "The responsible authority and relevant children.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.923053Z",
    "text": "Section 4ZA) **Acquisition of parental responsibility by second female parent**\n\n1) Where a child has a parent by virtue of section 43 of the Human Fertilisation and Embryology Act 2008 and is not a person to whom section 1(3) of the Family Law Reform Act 1987 applies, that parent shall acquire parental responsibility for the child if— \n\ta) she becomes registered as a parent of the child under any of the enactments specified in subsection (2); \n\tb) she and the child's mother make an agreement providing for her to have parental responsibility for the child; or \n\tc) the court, on her application, orders that she shall have parental responsibility for the child. \n2) The enactments referred to in subsection (1)(a) are— \n\ta) paragraphs (a), (b) and (c) of section 10(1B) and of section 10A(1B) of the Births and Deaths Registration Act 1953; \n\tb) paragraphs (a), (b) and (d) of section 18B(1) and sections 18B(3)(a) and 20(1)(a) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and \n\tc) sub-paragraphs (a), (b) and (c) of Article 14ZA(3) of the Births and Deaths Registration (Northern Ireland) Order 1976. \n3) The Secretary of State may by order amend subsection (2) so as to add further enactments to the list in that subsection. \n4) An agreement under subsection (1)(b) is also a  “parental responsibility agreement”, and section 4(2) applies in relation to such an agreement as it applies in relation to parental responsibility agreements under section 4. \n5) A person who has acquired parental responsibility under subsection (1) shall cease to have that responsibility only if the court so orders. \n6) The court may make an order under subsection (5) on the application— \n\ta) of any person who has parental responsibility for the child; or \n\tb) with the leave of the court, of the child himself, subject, in the case of parental responsibility acquired under subsection (1)(c), to section 12(4). \n7) The court may only grant leave under subsection (6)(b) if it is satisfied that the child has sufficient understanding to make the proposed application. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/4ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/4ZA",
    "legislation_id": "ukpga/1989/41",
    "title": "Acquisition of parental responsibility by second female parent",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.452249Z",
    "text": "Section 50) **Recovery of abducted children etc.**\n\n1) Where it appears to the court that there is reason to believe that a child to whom this section applies— \n\ta) has been unlawfully taken away or is being unlawfully kept away from the responsible person; \n\tb) has run away or is staying away from the responsible person; or \n\tc) is missing, the court may make an order under this section (“a recovery order”). \n2) This section applies to the same children to whom section 49 applies and in this section “the responsible person” has the same meaning as in section 49. \n3) A recovery order— \n\ta) operates as a direction to any person who is in a position to do so to produce the child on request to any authorised person; \n\tb) authorises the removal of the child by any authorised person; \n\tc) requires any person who has information as to the child’s whereabouts to disclose that information, if asked to do so, to a constable or an officer of the court; \n\td) authorises a constable to enter any premises specified in the order and search for the child using reasonable force if necessary. \n4) The court may make a recovery order only on the application of— \n\ta) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or \n\tb) where the child is in police protection, the designated officer. \n5) A recovery order shall name the child and— \n\ta) any person who has parental responsibility for the child by virtue of a care order or emergency protection order; or \n\tb) where the child is in police protection, the designated officer. \n6) Premises may only be specified under subsection (3)(d) if it appears to the court that there are reasonable grounds for believing the child to be on them. \n7) In this section— \n\t- “an authorised person” means—\n\ta) any person specified by the court; \n\tb) any constable; \n\tc) any person who is authorised— \n\t\ti) after the recovery order is made; and \n\t\tii) by a person who has parental responsibility for the child by virtue of a care order or an emergency protection order, to exercise any power under a recovery order; and “the designated officer” means the officer designated for the purposes of section 46. \n8) Where a person is authorised as mentioned in subsection (7)(c)— \n\ta) the authorisation shall identify the recovery order; and \n\tb) any person claiming to be so authorised shall, if asked to do so, produce some duly authenticated document showing that he is so authorised. \n9) A person shall be guilty of an offence if he intentionally obstructs an authorised person exercising the power under subsection (3)(b) to remove a child. \n10) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n11) No person shall be excused from complying with any request made under subsection (3)(c) on the ground that complying with it might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for an offence other than perjury. \n12) Where a child is made the subject of a recovery order whilst being looked after by a local authority, any reasonable expenses incurred by an authorised person in giving effect to the order shall be recoverable from the authority. \n13) A recovery order shall have effect in Scotland as if it had been made by the Court of Session and as if that court had had jurisdiction to make it. \n14) In this section “the court”, in relation to Northern Ireland, means a magistrates’ court within the meaning of the  Magistrates’ Courts (Northern Ireland) Order 1981. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/50",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/50",
    "legislation_id": "ukpga/1989/41",
    "title": "Recovery of abducted children etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 50,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.165311Z",
    "text": "Section 22A) **Provision of accommodation for children in care**\nWhen a child is in the care of a local authority, it is their duty to provide the child with accommodation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22A",
    "legislation_id": "ukpga/1989/41",
    "title": "Provision of accommodation for children in care",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.113368Z",
    "text": "Section 17ZG) **Section 17 services: continued provision where EHC plan maintained**\n\n1) This section applies where, immediately before a child in need reaches the age of 18— \n\ta) a local authority  ... is providing services for the child in the exercise of functions conferred by section 17, and \n\tb) an EHC plan is maintained for the child. \n2) The local authority may continue to provide services for the child in the exercise of those functions after the child reaches the age of 18, but may not continue to do so after the EHC plan has ceased to be maintained , except in so far as the authority is required to do so under section 17ZH or 17ZI . \n3) In this section  “EHC plan” means a plan within section 37(2) of the Children and Families Act 2014. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZG",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZG",
    "legislation_id": "ukpga/1989/41",
    "title": "Section 17 services: continued provision where EHC plan maintained",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.368205Z",
    "text": "Section 41) **Representation of child**\n\n1) or the purpose of any specified proceedings, the court shall appoint an officer of the Service or a Welsh family proceedings officer for the child concerned unless satisfied that it is not necessary to do so in order to safeguard his interests. \n2) The officer of the Service or Welsh family proceedings officer shall— \n\ta) be appointed in accordance with rules of court; and \n\tb) be under a duty to safeguard the interests of the child in the manner prescribed by such rules. \n3) Where— \n\ta) the child concerned is not represented by a solicitor; and \n\tb) any of the conditions mentioned in subsection (4) is satisfied, the court may appoint a solicitor to represent him. \n4) The conditions are that— \n\ta) no officer of the Service or Welsh family proceedings officer has been appointed for the child; \n\tb) the child has sufficient understanding to instruct a solicitor and wishes to do so; \n\tc) it appears to the court that it would be in the child’s best interests for him to be represented by a solicitor. \n5) Any solicitor appointed under or by virtue of this section shall be appointed, and shall represent the child, in accordance with rules of court. \n6) In this section “specified proceedings” means any proceedings— \n\ta) on an application for a care order or supervision order; \n\tb) in which the court has given a direction under section 37(1) and has made, or is considering whether to make, an interim care order; \n\tc) on an application for the discharge of a care order or the variation or discharge of a supervision order; \n\td) on an application under section 39(4); \n\te) in which the court is considering whether to make a child arrangements order with respect to the living arrangements of a child who is the subject of a care order; \n\tf) with respect to contact between a child who is the subject of a care order and any other person; \n\tg) under Part V; \n\th) on an appeal against— \n\t\ti) the making of, or refusal to make, a care order, supervision order or any order under section 34; \n\t\tii) the making of, or refusal to make, a child arrangements order with respect to the living arrangements of a child who is the subject of a care order; or \n\t\tiii) the variation or discharge, or refusal of an application to vary or discharge, an order of a kind mentioned in sub-paragraph (i) or (ii); \n\t\tiv) the refusal of an application under section 39(4); or \n\t\tv) the making of, or refusal to make, an order under Part V; or \n\thh) on an application for the making or revocation of a placement order (within the meaning of section 21 of the Adoption and Children Act 2002); \n\ti) which are specified for the time being, for the purposes of this section, by rules of court. \n6A) The proceedings which may be specified under subsection (6)(i) include (for example) proceedings for the making, varying or discharging of a section 8 order. \n6B) For the purposes of subsection (6), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— \n\ta) with whom the child is to live, and \n\tb) when the child is to live with any person. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) Rules of court may make provision as to— \n\ta) the assistance which any officer of the Service or Welsh family proceedings officer may be required by the court to give to it; \n\tb) the consideration to be given by any officer of the Service or Welsh family proceedings officer , where an order of a specified kind has been made in the proceedings in question, as to whether to apply for the variation or discharge of the order; \n\tc) the participation of officers of the Service or Welsh family proceedings officers in reviews, of a kind specified in the rules, which are conducted by the court. \n11) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, the court may take account of— \n\ta) any statement contained in a report made by an officer of the Service or a Welsh family proceedings officer who is appointed under this section for the purpose of the proceedings in question; and \n\tb) any evidence given in respect of the matters referred to in the report, in so far as the statement or evidence is, in the opinion of the court, relevant to the question which the court is considering. \n12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/41",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/41",
    "legislation_id": "ukpga/1989/41",
    "title": "Representation of child",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 41,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.176706Z",
    "text": "Section 22F) **Regulations as to children looked after by local authorities**\nPart 2 of Schedule 2 has effect for the purposes of making further provision as to children looked after by local authorities and in particular as to the regulations which may be made under section 22C(11). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22F",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22F",
    "legislation_id": "ukpga/1989/41",
    "title": "Regulations as to children looked after by local authorities",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.675132Z",
    "text": "Section 92) **Jurisdiction of courts.**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) For the purposes of this Act “the court” the High Court or the family court . \n8) Subsection (7) is subject to  ... any express provision as to the jurisdiction of any court made by any other provision of this Act. \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11) Part II of Schedule 11 makes amendments consequential on this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/92",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/92",
    "legislation_id": "ukpga/1989/41",
    "title": "Jurisdiction of courts.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 92,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.485242Z",
    "text": "Section 58) **Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.**\n\n1) Where— \n\ta) the instrument of management for a controlled or assisted community home is revoked or otherwise ceases to have effect under section  . . . , 56(3) or (4)(a) or 57(3) or (5); or \n\tb) any premises used for the purposes of such a home are (at any time after 13th January 1987) disposed of, or put to use otherwise than for those purposes, the proprietor shall become liable to pay compensation (“the appropriate compensation”) in accordance with this section. \n2) Where the instrument of management in force at the relevant time relates— \n\ta) to a controlled community home; or \n\tb) to an assisted community home which, at any time before the instrument came into force, was a controlled community home, the appropriate compensation is a sum equal to that part of the value of any premises which is attributable to expenditure incurred in relation to the premises, while the home was a controlled community home, by the authority who were then the responsible authority. \n3) Where the instrument of management in force at the relevant time relates— \n\ta) to an assisted community home; or \n\tb) to a controlled community home which, at any time before the instrument came into force, was an assisted community home, the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure of money provided by way of grant under section 82, section 65 of the  Children and Young Persons Act 1969 or section 82 of the  Child Care Act 1980. \n4) Where the home is, at the relevant time, conducted in premises which formerly were used as an approved school or were an approved probation hostel or home, the appropriate compensation is a sum equal to that part of the value of the premises which is attributable to the expenditure— \n\ta) of sums paid towards the expenses of the managers of an approved school under section 104 of the  Children and Young Persons Act 1933;  . . . \n\tb) of sums paid under section 51(3)(c) of the  Powers of Criminal Courts Act 1973 or section 20(1)(c) of the Probation Service Act 1993 in relation to expenditure on approved probation hostels or homes. or \n\tc) of sums paid under section 3, 5 or 9 of the Criminal Justice and Court Services Act 2000 in relation to expenditure on approved premises (within the meaning of Part I of that Act). \n5) The appropriate compensation shall be paid— \n\ta) in the case of compensation payable under subsection (2), to the authority who were the responsible authority at the relevant time; and \n\tb) in any other case, to the Secretary of State. \n6) In this section— \n\t- “disposal” includes the grant of a tenancy and any other conveyance, assignment, transfer, grant, variation or extinguishment of an interest in or right over land, whether made by instrument or otherwise;\n\t- “premises” means any premises or part of premises (including land) used for the purposes of the home and belonging to the proprietor;\n\t- “the proprietor” means—\n\ta) the voluntary organisation by which the home is, at the relevant time, provided; or \n\tb) if the premises are not, at the relevant time, vested in that organisation, the persons in whom they are vested; \n\t- “the relevant time” means the time immediately before the liability to pay arises under subsection (1); and\n\t- “the responsible authority” means the local authority specified in the instrument of management in question.\n7) For the purposes of this section an event of a kind mentioned in subsection (1)(b) shall be taken to have occurred— \n\ta) in the case of a disposal, on the date on which the disposal was completed or, in the case of a disposal which is effected by a series of transactions, the date on which the last of those transactions was completed; \n\tb) in the case of premises which are put to different use, on the date on which they first begin to be put to their new use. \n8) The amount of any sum payable under this section shall be determined in accordance with such arrangements— \n\ta) as may be agreed between the voluntary organisation by which the home is, at the relevant time, provided and the responsible authority or (as the case may be) the Secretary of State; or \n\tb) in default of agreement, as may be determined by the Secretary of State. \n9) With the agreement of the responsible authority or (as the case may be) the Secretary of State, the liability to pay any sum under this section may be discharged, in whole or in part, by the transfer of any premises. \n10) This section has effect regardless of— \n\ta) anything in any trust deed for a controlled or assisted community home; \n\tb) the provisions of any enactment or instrument governing the disposition of the property of a voluntary organisation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/58",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/58",
    "legislation_id": "ukpga/1989/41",
    "title": "Financial provisions applicable on cessation of controlled or assisted community home or disposal etc. of premises.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 58,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.664557Z",
    "text": "Section 91) **Effect and duration of orders etc.**\n\n1) The making of a child arrangements order with respect to the living arrangements of a child who is the subject of a care order discharges the care order. \n1A) For the purposes of subsection (1), a child arrangements order is one made with respect to the living arrangements of a child if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— \n\ta) with whom the child is to live, and \n\tb) when the child is to live with any person. \n2) The making of a care order with respect to a child who is the subject of any section 8 order discharges that order. \n2A) Where an activity direction has been made with respect to a child, the making of a care order with respect to the child discharges the direction. \n3) The making of a care order with respect to a child who is the subject of a supervision order discharges that other order. \n4) The making of a care order with respect to a child who is a ward of court brings that wardship to an end. \n5) The making of a care order with respect to a child who is the subject of a school attendance order made under section 437 of the Education Act 1996 discharges the school attendance order. \n5A) The making of a special guardianship order with respect to a child who is the subject of— \n\ta) a care order; or \n\tb) an order under section 34, discharges that order. \n6) Where an emergency protection order is made with respect to a child who is in care, the care order shall have effect subject to the emergency protection order. \n7) Any order made under section 4(1) 4ZA(1), 4A(1) or 5(1) shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier. \n8) Any— \n\ta) agreement under section 4 , 4ZA or 4A ; or \n\tb) appointment under section 5(3) or (4), shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier. \n9) An order under Schedule 1 has effect as specified in that Schedule. \n10) A section 8 order  ...  shall, if it would otherwise still be in force, cease to have effect when the child reaches the age of sixteen, unless it is to have effect beyond that age by virtue of section 9(6)  . . .  . \n10A) Subsection (10) does not apply to provision in a child arrangements order which regulates arrangements relating to— \n\ta) with whom a child is to live, or \n\tb) when a child is to live with any person. \n11) Where a section 8 order has effect with respect to a child who has reached the age of sixteen, it shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen. \n12) Any care order, other than an interim care order, shall continue in force until the child reaches the age of eighteen, unless it is brought to an end earlier. \n13) Any order made under any other provision of this Act in relation to a child shall, if it would otherwise still be in force, cease to have effect when he reaches the age of eighteen. \n14) On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specified kind may be made with respect to the child concerned by any person named in the order without leave of the court. For further provision about orders under this subsection, see section 91A (section 91(14) orders: further provision). \n15) Where an application (“the previous application”) has been made for— \n\ta) the discharge of a care order; \n\tb) the discharge of a supervision order; \n\tc) the discharge of an education supervision order; \n\td) the substitution of a supervision order for a care order; or \n\te) a child assessment order, no further application of a kind mentioned in paragraphs (a) to (e) may be made with respect to the child concerned, without leave of the court, unless the period between the disposal of the previous application and the making of the further application exceeds six months. \n16) Subsection (15) does not apply to applications made in relation to interim orders. \n17) Where— \n\ta) a person has made an application for an order under section 34; \n\tb) the application has been refused; and \n\tc) a period of less than six months has elapsed since the refusal, that person may not make a further application for such an order with respect to the same child, unless he has obtained the leave of the court. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/91",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/91",
    "legislation_id": "ukpga/1989/41",
    "title": "Effect and duration of orders etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 91,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.331740Z",
    "text": "Section 36) **Education supervision orders.**\n\n1) On the application of any local authority , the court may make an order putting the child with respect to whom the application is made under the supervision of a designated local authority . \n2) In this Act “an education supervision order” means an order under subsection (1). \n3) A court may only make an education supervision order if it is satisfied that the child concerned is of compulsory school age and is not being properly educated. \n4) For the purposes of this section, a child is being properly educated only if he is receiving efficient full-time education suitable to his age, ability and aptitude and any special educational needs he may have. \n5) Where a child is— \n\ta) the subject of a school attendance order which is in force under section 437 of the Education Act 1996 and which has not been complied with; or \n\tb) is not attending regularly within the meaning of section 444 of that Act— \n\t\ti) a school at which he is a registered pupil, \n\t\tii) any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA of that Act, or \n\t\tiii) any place which he is required to attend in the circumstances mentioned in subsection (1B) or (2) of that section, then, unless it is proved that he is being properly educated, it shall be assumed that he is not. \n6) An education supervision order may not be made with respect to a child who is in the care of a local authority. \n7) The local authority designated in an education supervision order must be— \n\ta) the authority within whose area the child concerned is living or will live; or \n\tb) where— \n\t\ti) the child is a registered pupil at a school; and \n\t\tii) the authority mentioned in paragraph (a) and the authority within whose area the school is situated agree, the latter authority. \n8) Where a local authority propose to make an application for an education supervision order they shall, before making the application, consult the  . . . appropriate local authority if different . \n9) The appropriate local authority is— \n\ta) in the case of a child who is being provided with accommodation by, or on behalf of, a local authority, that authority; and \n\tb) in any other case, the local authority within whose area the child concerned lives, or will live. \n10) Part III of Schedule 3 makes further provision with respect to education supervision orders. \n11) Where, for the purposes of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, a local authority in Wales is responsible for a child or a child is looked after by a local authority in Wales, the reference to special educational needs in subsection (4) is to be interpreted as a reference to additional learning needs (which has the same meaning as in that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/36",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/36",
    "legislation_id": "ukpga/1989/41",
    "title": "Education supervision orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 36,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.780789Z",
    "text": "SCHEDULE 1 Financial Provision for Children Section 15(1). *Orders for financial relief against parents*\n\n1) \n1) On an application made by a parent , guardian or special guardian of a child, or by any person who is named in a child arrangements order as a person with whom a child is to live , the court may make one or more of the orders mentioned in sub-paragraph (2). \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) The orders referred to in sub-paragraph (1) are— \n\ta) an order requiring either or both parents of a child— \n\t\ti) to make to the applicant for the benefit of the child; or \n\t\tii) to make to the child himself, such periodical payments, for such term, as may be specified in the order; \n\tb) an order requiring either or both parents of a child— \n\t\ti) to secure to the applicant for the benefit of the child; or \n\t\tii) to secure to the child himself, such periodical payments, for such term, as may be so specified; \n\tc) an order requiring either or both parents of a child— \n\t\ti) to pay to the applicant for the benefit of the child; or \n\t\tii) to pay to the child himself, such lump sum as may be so specified; \n\td) an order requiring a settlement to be made for the benefit of the child, and to the satisfaction of the court, of property— \n\t\ti) to which either parent is entitled (either in possession or in reversion); and \n\t\tii) which is specified in the order; \n\te) an order requiring either or both parents of a child— \n\t\ti) to transfer to the applicant, for the benefit of the child; or \n\t\tii) to transfer to the child himself, such property to which the parent is, or the parents are, entitled (either in possession or in reversion) as may be specified in the order. \n3) The powers conferred by this paragraph may be exercised at any time. \n4) An order under sub-paragraph (2)(a) or (b) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order. \n5) Where a court makes an order under this paragraph— \n\ta) it may at any time make a further such order under sub-paragraph (2)(a), (b) or (c) with respect to the child concerned if he has not reached the age of eighteen; \n\tb) it may not make more than one order under sub-paragraph (2)(d) or (e) against the same person in respect of the same child. \n6) On making, varying or discharging  ... a special guardianship order , or on making, varying or discharging provision in a child arrangements order with respect to the living arrangements of a child, the court may exercise any of its powers under this Schedule even though no application has been made to it under this Schedule. \n6A) For the purposes of sub-paragraph (6) provision in a child arrangements order is with respect to the living arrangements of a child if it regulates arrangements relating to— \n\ta) with whom the child is to live, or \n\tb) when the child is to live with any person. \n7) Where a child is a ward of court, the court may exercise any of its powers under this Schedule even though no application has been made to it. *Orders for financial relief for persons over eighteen*\n\n2) \n1) If, on an application by a person who has reached the age of eighteen, it appears to the court— \n\ta) that the applicant is, will be or (if an order were made under this paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or \n\tb) that there are special circumstances which justify the making of an order under this paragraph, the court may make one or both of the orders mentioned in sub-paragraph (2). \n2) The orders are— \n\ta) an order requiring either or both of the applicant’s parents to pay to the applicant such periodical payments, for such term, as may be specified in the order; \n\tb) an order requiring either or both of the applicant’s parents to pay to the applicant such lump sum as may be so specified. \n3) An application may not be made under this paragraph by any person if, immediately before he reached the age of sixteen, a periodical payments order was in force with respect to him. \n4) No order shall be made under this paragraph at a time when the parents of the applicant are living with each other in the same household. \n5) An order under sub-paragraph (2)(a) may be varied or discharged by a subsequent order made on the application of any person by or to whom payments were required to be made under the previous order. \n6) In sub-paragraph (3) “periodical payments order” means an order made under— \n\ta) this Schedule; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) section 23 or 27 of the  Matrimonial Causes Act 1973; \n\td) Part I of the  Domestic Proceedings and Magistrates’ Courts Act 1978, \n\te) Part 1 or 9 of Schedule 5 to the Civil Partnership Act 2004 (financial relief in the High Court or a county court etc. ); \n\tf) Schedule 6 to the 2004 Act (financial relief in the magistrates' courts etc. ), for the making or securing of periodical payments. \n7) The powers conferred by this paragraph shall be exercisable at any time. \n8) Where the court makes an order under this paragraph it may from time to time while that order remains in force make a further such order. *Duration of orders for financial relief*\n\n3) \n1) The term to be specified in an order for periodical payments made under paragraph 1(2)(a) or (b) in favour of a child may begin with the date of the making of an application for the order in question or any later date or a date ascertained in accordance with sub-paragraph (5) or (6) but— \n\ta) shall not in the first instance extend beyond the child’s seventeenth birthday unless the court thinks it right in the circumstances of the case to specify a later date; and \n\tb) shall not in any event extend beyond the child’s eighteenth birthday. \n2) Paragraph (b) of sub-paragraph (1) shall not apply in the case of a child if it appears to the court that— \n\ta) the child is, or will be or (if an order were made without complying with that paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or \n\tb) there are special circumstances which justify the making of an order without complying with that paragraph. \n3) An order for periodical payments made under paragraph 1(2)(a) or 2(2)(a) shall, notwithstanding anything in the order, cease to have effect on the death of the person liable to make payments under the order. \n4) Where an order is made under paragraph 1(2)(a) or (b) requiring periodical payments to be made or secured to the parent of a child, the order shall cease to have effect if — \n\ta) any parent making or securing the payments; and \n\tb) any parent to whom the payments are made or secured, live together for a period of more than six months. \n5) Where— \n\ta) a maintenance calculation (“the current caculation”) is in force with respect to a child; and \n\tb) an application is made for an order under paragraph 1(2)(a) or (b) of this Schedule for periodical payments in favour of that child— \n\t\ti) in accordance with section 8 of the Child Support Act 1991  ; and \n\t\tii) before the end of the period of 6 months beginning with the making of the current calculation , the term to be specified in any such order made on that application may be expressed to begin on, or at any time after, the earliest permitted date. \n6) For the purposes of subsection (5) above, “the earliest permitted date” is whichever is the later of— \n\ta) the date 6 months before the application is made; or \n\tb) the date on which the current calculation took effect or, where successive maintenance calculations have been continuously in force with respect to a child, on which the first of those calculations took effect. \n7) Where— \n\ta) a maintenance calculation ceases to have effect or is cancelled by or under any provision of the Child Support Act 1991, and \n\tb) an application is made, before the end of the period of 6 months beginning with the relevant date, for an order for periodical payments under paragraph 1(2)(a) or (b) in favour of a child with respect to whom that maintenance calculation was in force immediately before it ceased to have effect or was cancelled , the term to be specified in any such order, or in any interim order under paragraph 9, made on that application may begin with the date on which that maintenance calculation ceased to have effect or, as the case may be, the date with effect from which it was cancelled , or any later date. \n8) In sub-paragraph (7)(b)— \n\ta) where the maintenance calculation ceased to have effect, the relevant date is the date on which it so ceased; and \n\tb) where the maintenance assessment was cancelled, the relevant date is the later of— \n\t\ti) the date on which the person who cancelled it did so, and \n\t\tii) the date from which the cancellation first had effect. *Matters to which court is to have regard in making orders for financial relief*\n\n4) \n1) In deciding whether to exercise its powers under paragraph 1 or 2, and if so in what manner, the court shall have regard to all the circumstances including— \n\ta) the income, earning capacity, property and other financial resources which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future; \n\tb) the financial needs, obligations and responsibilities which each person mentioned in sub-paragraph (4) has or is likely to have in the foreseeable future; \n\tc) the financial needs of the child; \n\td) the income, earning capacity (if any), property and other financial resources of the child; \n\te) any physical or mental disability of the child; \n\tf) the manner in which the child was being, or was expected to be, educated or trained. \n2) In deciding whether to exercise its powers under paragraph 1 against a person who is not the mother or father of the child, and if so in what manner, the court shall in addition have regard to— \n\ta) whether that person had assumed responsibility for the maintenance of the child and, if so, the extent to which and basis on which he assumed that responsibility and the length of the period during which he met that responsibility; \n\tb) whether he did so knowing that the child was not his child; \n\tc) the liability of any other person to maintain the child. \n3) Where the court makes an order under paragraph 1 against a person who is not the father of the child, it shall record in the order that the order is made on the basis that the person against whom the order is made is not the child’s father. \n4) The persons mentioned in sub-paragraph (1) are— \n\ta) in relation to a decision whether to exercise its powers under paragraph 1, any parent of the child; \n\tb) in relation to a decision whether to exercise its powers under paragraph 2, the mother and father of the child; \n\tc) the applicant for the order; \n\td) any other person in whose favour the court proposes to make the order. \n5) In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, any reference in sub-paragraph (2), (3) or (4) to the child's father is a reference to the woman who is a parent of the child by virtue of that section. *Provisions relating to lump sums*\n\n5) \n1) Without prejudice to the generality of paragraph 1, an order under that paragraph for the payment of a lump sum may be made for the purpose of enabling any liabilities or expenses— \n\ta) incurred in connection with the birth of the child or in maintaining the child; and \n\tb) reasonably incurred before the making of the order, to be met. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) The power of the court under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments by a parent shall include power to make an order under that provision for the payment of a lump sum by that parent. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) An order made under paragraph 1 or 2 for the payment of a lump sum may provide for the payment of that sum by instalments. \n6) Where the court provides for the payment of a lump sum by instalments the court, on an application made either by the person liable to pay or the person entitled to receive that sum, shall have power to vary that order by varying— \n\ta) the number of instalments payable; \n\tb) the amount of any instalment payable; \n\tc) the date on which any instalment becomes payable. \n7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. *Variation etc. of orders for periodical payments*\n\n6) \n1) In exercising its powers under paragraph 1 or 2 to vary or discharge an order for the making or securing of periodical payments the court shall have regard to all the circumstances of the case, including any change in any of the matters to which the court was required to have regard when making the order. \n2) The power of the court under paragraph 1 or 2 to vary an order for the making or securing of periodical payments shall include power to suspend any provision of the order temporarily and to revive any provision so suspended. \n3) Where on an application under paragraph 1 or 2 for the variation or discharge of an order for the making or securing of periodical payments the court varies the payments required to be made under that order, the court may provide that the payments as so varied shall be made from such date as the court may specify, except that, subject to sub-paragraph (9), the date shall not be earlier than the date of the making of the application. \n4) An application for the variation of an order made under paragraph 1 for the making or securing of periodical payments to or for the benefit of a child may, if the child has reached the age of sixteen, be made by the child himself. \n5) Where an order for the making or securing of periodical payments made under paragraph 1 ceases to have effect on the date on which the child reaches the age of sixteen, or at any time after that date but before or on the date on which he reaches the age of eighteen, the child may apply to the court which made the order for an order for its revival. \n6) If on such an application it appears to the court that— \n\ta) the child is, will be or (if an order were made under this sub-paragraph) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or \n\tb) there are special circumstances which justify the making of an order under this paragraph, the court shall have power by order to revive the order from such date as the court may specify, not being earlier than the date of the making of the application. \n7) Any order which is revived by an order under sub-paragraph (5) may be varied or discharged under that provision, on the application of any person by whom or to whom payments are required to be made under the revived order. \n8) An order for the making or securing of periodical payments made under paragraph 1 may be varied or discharged, after the death of either parent, on the application of a guardian or special guardian of the child concerned. \n9) Where— \n\ta) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order\") is in force; \n\tb) the order requires payments specified in it to be made to or for the benefit of more than one child without apportioning those payments between them; \n\tc) a maintenance calculation (“the calculation \") is made with respect to one or more, but not all, of the children with respect to whom those payments are to be made; and \n\td) an application is made, before the end of the period of 6 months beginning with the date on which the calculation was made, for the variation or discharge of the order, the court may, in exercise of its powers under paragraph 1 to vary or discharge the order, direct that the variation or discharge shall take effect from the date on which the calculation took effect or any later date. *Variation of orders for periodical payments etc. made by magistrates’ courts*\n\n6A) \n1) Subject to sub-paragraph (7) , the power of the family court— \n\ta) under paragraph 1 or 2 to vary an order for the making of periodical payments, or \n\tb) under paragraph 5(6) to vary an order for the payment of a lump sum by instalments, shall include power, if the court is satisfied that payment has not been made in accordance with the order, to exercise one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991 . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) Subsection (6) of section 1 of the Maintenance Enforcement Act 1991 (power of court to order that account be opened) shall apply for the purposes of sub-paragraph (1) as it applies for the purposes of that section. \n7) Before varying the order by exercising one of its powers under section 1(4) and (4A) of the Maintenance Enforcement Act 1991 , the court shall have regard to any representations made by the parties to the application. \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) None of the powers of the court  ..., conferred by this paragraph shall be exercisable in relation to an order under this Schedule for the making of periodical payments, or for the payment of a lump sum by instalments, unless at the time when the order was made the person required to make the payments was ordinarily resident in England and Wales. \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Variation of orders for secured periodical payments after death of parent*\n\n7) \n1) Where the parent liable to make payments under a secured periodical payments order has died, the persons who may apply for the variation or discharge of the order shall include the personal representatives of the deceased parent. \n2) No application for the variation of the order shall, except with the permission of the court, be made after the end of the period of six months from the date on which representation in regard to the estate of that parent is first taken out. \n3) The personal representatives of a deceased person against whom a secured periodical payments order was made shall not be liable for having distributed any part of the estate of the deceased after the end of the period of six months referred to in sub-paragraph (2) on the ground that they ought to have taken into account the possibility that the court might permit an application for variation to be made after that period by the person entitled to payments under the order. \n4) Sub-paragraph (3) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the variation of an order in accordance with this paragraph. \n5) Where an application to vary a secured periodical payments order is made after the death of the parent liable to make payments under the order, the circumstances to which the court is required to have regard under paragraph 6(1) shall include the changed circumstances resulting from the death of the parent. \n6) The following are to be left out of account when considering for the purposes of sub-paragraph (2) when representation was first taken out— \n\ta) a grant limited to settled land or to trust property, \n\tb) any other grant that does not permit any of the estate to be distributed, \n\tc) a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time, \n\td) a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (6A)). \n6A) A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (6), but is to be taken as dated on the date of sealing. \n7) In this paragraph “secured periodical payments order” means an order for secured periodical payments under paragraph 1(2)(b). *Financial relief under other enactments*\n\n8) \n1) This paragraph applies where a child arrangements order to which sub-paragraph (1A) applies or a special guardianship order is made with respect to a child at a time when there is in force an order (“the financial relief order\") made under any enactment other than this Act and requiring a person to contribute to the child’s maintenance. \n1A) This sub-paragraph applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— \n\ta) with whom the child concerned is to live, and \n\tb) when the child is to live with any person. \n2) Where this paragraph applies, the court may, on the application of— \n\ta) any person required by the financial relief order to contribute to the child’s maintenance; or \n\tb) any person who is named in a child arrangements order as a person with whom the child is to live or in whose favour  ... a special guardianship order with respect to the child is in force, make an order revoking the financial relief order, or varying it by altering the amount of any sum payable under that order or by substituting the applicant for the person to whom any such sum is otherwise payable under that order. *Interim orders*\n\n9) \n1) Where an application is made under paragraph 1 or 2 the court may, at any time before it disposes of the application, make an interim order— \n\ta) requiring either or both parents to make such periodical payments, at such times and for such term as the court thinks fit; and \n\tb) giving any direction which the court thinks fit. \n2) An interim order made under this paragraph may provide for payments to be made from such date as the court may specify except that, subject to paragraph 3(5) and (6), the date shall not be earlier than the date of the making of the application under paragraph 1 or 2. \n3) An interim order made under this paragraph shall cease to have effect when the application is disposed of or, if earlier, on the date specified for the purposes of this paragraph in the interim order. \n4) An interim order in which a date has been specified for the purposes of sub-paragraph (3) may be varied by substituting a later date. *Alteration of maintenance agreements*\n\n10) \n1) In this paragraph and in paragraph 11 “maintenance agreement” means any agreement in writing made with respect to a child, whether before or after the commencement of this paragraph, which— \n\ta) is or was made between the father and mother of the child; and \n\tb) contains provision with respect to the making or securing of payments, or the disposition or use of any property, for the maintenance or education of the child, and any such provisions are in this paragraph, and paragraph 11, referred to as “financial arrangements”. \n2) Subject to sub-paragraph (2A), where a maintenance agreement is for the time being subsisting and each of the parties to the agreement is for the time being either domiciled or resident in England and Wales, then, either party may apply to the court for an order under this paragraph. \n2A) If an application or part of an application relates to a matter in relation to which Article 18 of the 2007 Hague Convention applies, the court may not entertain the application or that part of it except where permitted by Article 18 . \n2B) In sub-paragraph (2A), “the 2007 Hague Convention” means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded on 23 November 2007 at The Hague . \n3) If the court to which the application is made is satisfied either— \n\ta) that, by reason of a change in the circumstances in the light of which any financial arrangements contained in the agreement were made (including a change foreseen by the parties when making the agreement), the agreement should be altered so as to make different financial arrangements; or \n\tb) that the agreement does not contain proper financial arrangements with respect to the child, then that court may by order make such alterations in the agreement by varying or revoking any financial arrangements contained in it as may appear to it to be just having regard to all the circumstances. \n4) If the maintenance agreement is altered by an order under this paragraph, the agreement shall have effect thereafter as if the alteration had been made by agreement between the parties and for valuable consideration. \n5) Where a court decides to make an order under this paragraph altering the maintenance agreement— \n\ta) by inserting provision for the making or securing by one of the parties to the agreement of periodical payments for the maintenance of the child; or \n\tb) by increasing the rate of periodical payments required to be made or secured by one of the parties for the maintenance of the child, then, in deciding the term for which under the agreement as altered by the order the payments or (as the case may be) the additional payments attributable to the increase are to be made or secured for the benefit of the child, the court shall apply the provisions of sub-paragraphs (1) and (2) of paragraph 3 as if the order were an order under paragraph 1(2)(a) or (b). \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) For the avoidance of doubt it is hereby declared that nothing in this paragraph affects any power of a court before which any proceedings between the parties to a maintenance agreement are brought under any other enactment to make an order containing financial arrangements or any right of either party to apply for such an order in such proceedings. \n8) In the case of a child who has a parent by virtue of section 42 or 43 of the Human Fertilisation and Embryology Act 2008, the reference in sub-paragraph (1)(a) to the child's father is a reference to the woman who is a parent of the child by virtue of that section. \n11) \n1) Where a maintenance agreement provides for the continuation, after the death of one of the parties, of payments for the maintenance of a child and that party dies domiciled in England and Wales, the surviving party or the personal representatives of the deceased party may apply to the High Court or the family court for an order under paragraph 10. \n2) If a maintenance agreement is altered by a court on an application under this paragraph, the agreement shall have effect thereafter as if the alteration had been made, immediately before the death, by agreement between the parties and for valuable consideration. \n3) An application under this paragraph shall not, except with leave of the High Court or the family court , be made after the end of the period of six months beginning with the day on which representation in regard to the estate of the deceased is first taken out. \n4) The following are to be left out of account when considering for the purposes of sub-paragraph (3) when representation was first taken out— \n\ta) a grant limited to settled land or to trust property, \n\tb) any other grant that does not permit any of the estate to be distributed, \n\tc) a grant limited to real estate or to personal estate, unless a grant limited to the remainder of the estate has previously been made or is made at the same time, \n\td) a grant, or its equivalent, made outside the United Kingdom (but see sub-paragraph (4A)). \n4A) A grant sealed under section 2 of the Colonial Probates Act 1892 counts as a grant made in the United Kingdom for the purposes of sub-paragraph (4), but is to be taken as dated on the date of sealing. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) The provisions of this paragraph shall not render the personal representatives of the deceased liable for having distributed any part of the estate of the deceased after the expiry of the period of six months referred to in sub-paragraph (3) on the ground that they ought to have taken into account the possibility that a court might grant leave for an application by virtue of this paragraph to be made by the surviving party after that period. \n7) Sub-paragraph (6) shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order in pursuance of this paragraph. *Enforcement of orders for maintenance*\n\n12) \n1) Any person for the time being under an obligation to make payments in pursuance of any order for the payment of money made by the family court under this Act shall give notice of any change of address to such person (if any) as may be specified in the order. \n2) Any person failing without reasonable excuse to give such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Direction for settlement of instrument by conveyancing counsel*\n\n13) Where the High Court or the family court decides to make an order under this Act for the securing of periodical payments or for the transfer or settlement of property, it may direct that the matter be referred to one of the conveyancing counsel of the court to settle a proper instrument to be executed by all necessary parties. *Jurisdiction ...*\n\n14) \n1) The court has jurisdiction in relation to an application under paragraph 1 in respect of a child if any of the following persons are habitually resident or domiciled in England and Wales on the date of the application— \n\ta) a parent of the child; \n\tb) a guardian or special guardian of the child; \n\tc) a person who is named in a child arrangements order as a person with whom the child is to live; \n\td) the child. \n2) The court has jurisdiction in relation to an application under paragraph 2 if the applicant or a parent against whom the order is sought or made is habitually resident or domiciled in England and Wales on the date of the application. *Local authority contribution to child’s maintenance*\n\n15) \n1) Where a child lives, or is to live, with a person as the result of a child arrangements order , a local authority may make contributions to that person towards the cost of the accommodation and maintenance of the child. \n2) Sub-paragraph (1) does not apply where the person with whom the child lives, or is to live, is a parent of the child or the husband or wife or civil partner of a parent of the child. *Interpretation*\n\n16) \n1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person. \n2) In this Schedule, except paragraphs 2 and 15,  “parent” includes— \n\ta) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and \n\tb) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family; and for this purpose any reference to either parent or both parents shall be read as a reference to any parent of his and to all of his parents. \n3) In this Schedule, “maintenance calculation” has the same meaning as it has in the Child Support Act 1991 by virtue of section 54 of that Act as read with any regulations in force under that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/1",
    "legislation_id": "ukpga/1989/41",
    "title": "Financial Provision for Children",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.165438Z",
    "text": "Section 22B) **Maintenance of looked after children**\nIt is the duty of a local authority to maintain a child they are looking after in other respects apart from the provision of accommodation. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22B",
    "legislation_id": "ukpga/1989/41",
    "title": "Maintenance of looked after children",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.176461Z",
    "text": "Section 22E) **Children’s homes provided by Secretary of State or Welsh Ministers**\nWhere a local authority place a child they are looking after in a children’s home provided, equipped and maintained by the Secretary of State or the Welsh Ministers under section 82(5), they must do so on such terms as the Secretary of State or the Welsh Ministers (as the case may be) may from time to time determine. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22E",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22E",
    "legislation_id": "ukpga/1989/41",
    "title": "Children’s homes provided by Secretary of State or Welsh Ministers",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.467228Z",
    "text": "Section 53) **Provision of community homes by local authorities.**\n\n1) Every local authority shall make such arrangements as they consider appropriate for securing that homes (“community homes”) are available— \n\ta) for the care and accommodation of children looked after by them; and \n\tb) for purposes connected with the welfare of children (whether or not looked after by them), and may do so jointly with one or more other local authorities. \n2) In making such arrangements, a local authority shall have regard to the need for ensuring the availability of accommodation— \n\ta) of different descriptions; and \n\tb) which is suitable for different purposes and the requirements of different descriptions of children. \n3) A community home may be a home— \n\ta) provided, equipped, maintained and (subject to subsection (3A)) managed by a local authority; or \n\tb) provided by a voluntary organisation but in respect of which a local authority and the organisation— \n\t\ti) propose that, in accordance with an instrument of management, the equipment, maintenance and (subject to subsection (3B)) management of the home shall be the responsibility of the local authority; or \n\t\tii) so propose that the management, equipment and maintenance of the home shall be the responsibility of the voluntary organisation. \n3A) A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children. \n3B) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children. \n4) Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the authority shall designate the home as a controlled community home. \n5) Where a voluntary organisation are to be responsible for the management of a community home provided by the organisation, the local authority shall designate the home as an assisted community home. \n6) Schedule 4 shall have effect for the purpose of supplementing the provisions of this Part. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/53",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/53",
    "legislation_id": "ukpga/1989/41",
    "title": "Provision of community homes by local authorities.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 53,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.381618Z",
    "text": "Section 43) **Child assessment orders.**\n\n1) On the application of a local authority or authorised person for an order to be made under this section with respect to a child, the court may make the order if, but only if, it is satisfied that— \n\ta) the applicant has reasonable cause to suspect that the child is suffering, or is likely to suffer, significant harm; \n\tb) an assessment of the state of the child’s health or development, or of the way in which he has been treated, is required to enable the applicant to determine whether or not the child is suffering, or is likely to suffer, significant harm; and \n\tc) it is unlikely that such an assessment will be made, or be satisfactory, in the absence of an order under this section. \n2) In this Act “a child assessment order” means an order under this section. \n3) A court may treat an application under this section as an application for an emergency protection order. \n4) No court shall make a child assessment order if it is satisfied— \n\ta) that there are grounds for making an emergency protection order with respect to the child; and \n\tb) that it ought to make such an order rather than a child assessment order. \n5) A child assessment order shall— \n\ta) specify the date by which the assessment is to begin; and \n\tb) have effect for such period, not exceeding 7 days beginning with that date, as may be specified in the order. \n6) Where a child assessment order is in force with respect to a child it shall be the duty of any person who is in a position to produce the child— \n\ta) to produce him to such person as may be named in the order; and \n\tb) to comply with such directions relating to the assessment of the child as the court thinks fit to specify in the order. \n7) A child assessment order authorises any person carrying out the assessment, or any part of the assessment, to do so in accordance with the terms of the order. \n8) Regardless of subsection (7), if the child is of sufficient understanding to make an informed decision he may refuse to submit to a medical or psychiatric examination or other assessment. \n9) The child may only be kept away from home— \n\ta) in accordance with directions specified in the order; \n\tb) if it is necessary for the purposes of the assessment; and \n\tc) for such period or periods as may be specified in the order. \n10) Where the child is to be kept away from home, the order shall contain such directions as the court thinks fit with regard to the contact that he must be allowed to have with other persons while away from home. \n11) Any person making an application for a child assessment order shall take such steps as are reasonably practicable to ensure that notice of the application is given to— \n\ta) the child’s parents; \n\tb) any person who is not a parent of his but who has parental responsibility for him; \n\tc) any other person caring for the child; \n\td) any person named in a child arrangements order as a person with whom the child is to spend time or otherwise have contact; \n\te) any person who is allowed to have contact with the child by virtue of an order under section 34; and \n\tf) the child, before the hearing of the application. \n12) Rules of court may make provision as to the circumstances in which— \n\ta) any of the persons mentioned in subsection (11); or \n\tb) such other person as may be specified in the rules, may apply to the court for a child assessment order to be varied or discharged. \n13) In this section “authorised person” means a person who is an authorised person for the purposes of section 31. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/43",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/43",
    "legislation_id": "ukpga/1989/41",
    "title": "Child assessment orders.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 43,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.499712Z",
    "text": "Section 61) **Duties of voluntary organisations.**\n\n1) Where a child is accommodated by or on behalf of a voluntary organisation, it shall be the duty of the organisation— \n\ta) to safeguard and promote his welfare; \n\tb) to make such use of the services and facilities available for children cared for by their own parents as appears to the organisation reasonable in his case; and \n\tc) to advise, assist and befriend him with a view to promoting his welfare when he ceases to be so accommodated. \n2) Before making any decision with respect to any such child the organisation shall, so far as is reasonably practicable, ascertain the wishes and feelings of— \n\ta) the child; \n\tb) his parents; \n\tc) any person who is not a parent of his but who has parental responsibility for him; and \n\td) any other person whose wishes and feelings the organisation consider to be relevant, regarding the matter to be decided. \n3) In making any such decision the organisation shall give due consideration— \n\ta) having regard to the child’s age and understanding, to such wishes and feelings of his as they have been able to ascertain; \n\tb) to such other wishes and feelings mentioned in subsection (2) as they have been able to ascertain; and \n\tc) to the child’s religious persuasion, racial origin and cultural and linguistic background. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/61",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/61",
    "legislation_id": "ukpga/1989/41",
    "title": "Duties of voluntary organisations.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 61,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.647056Z",
    "text": "Section 87A) **Suspension of duty under section 87(3).**\n\n1) The Secretary of State may appoint a person to be an inspector for the purposes of this section if— \n\ta) that person already acts as an inspector for other purposes in relation to schools or colleges to which section 87(1) applies, and \n\tb) the Secretary of State is satisfied that the person is an appropriate person to determine whether the welfare of children provided with accommodation by such schools or colleges is adequately safeguarded and promoted while accommodation for the children is provided by them. \n2) Where— \n\ta) the relevant person enters into an agreement in writing with a person appointed under subsection (1), \n\tb) the agreement provides for the person so appointed to have in relation to the school or college the function of determining whether section 87(1) is being complied with, and \n\tc) the appropriate authority receive from the person mentioned in paragraph (b) (“the inspector”) notice in writing that the agreement has come into effect, the appropriate authority’s duty under section 87(3) in relation to the school or college shall be suspended. \n3) Where the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, it shall cease to be so suspended if the appropriate authority receive— \n\ta) a notice under subsection (4) relating to the inspector, or \n\tb) a notice under subsection (5) relating to the relevant agreement. \n4) The Secretary of State shall terminate a person’s appointment under subsection (1) if— \n\ta) that person so requests, or \n\tb) the Secretary of State ceases, in relation to that person, to be satisfied that he is such a person as is mentioned in paragraph (b) of that subsection, and shall give notice of the termination of that person’s appointment to the appropriate authority. \n4A) The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b). \n5) Where— \n\ta) the appropriate authority’s duty under section 87(3) in relation to any school or college is suspended under this section, and \n\tb) the relevant agreement ceases to have effect, the inspector shall give to the appropriate authority notice in writing of the fact that it has ceased to have effect. \n6) In this section references to the relevant agreement, in relation to the suspension of the appropriate authority’s duty under section 87(3) as regards any school or college, are to the agreement by virtue of which the appropriate authority’s duty under that provision as regards that school or college is suspended. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/87A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/87A",
    "legislation_id": "ukpga/1989/41",
    "title": "Suspension of duty under section 87(3).",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.222051Z",
    "text": "Section 23D) **Personal advisers.**\n\n1) The Secretary of State may by regulations require local authorities to appoint a personal adviser for children or young persons of a prescribed description who have reached the age of sixteen but not the age of twenty-five who are not— \n\ta) children who are relevant children for the purposes of section 23A; \n\tb) the young persons referred to in section 23C; or \n\tc) the children referred to in paragraph 19C of Schedule 2. ; or \n\t“) persons to whom section 23CA applies. \n2) Personal advisers appointed under or by virtue of this Part shall (in addition to any other functions) have such functions as the Secretary of State prescribes. \n3) Where a local authority in England ceases to be under a duty to provide a personal adviser for a person under any provision of this Part, that does not affect any other duty under this Part to provide a personal adviser for the person. \n4) Where a local authority in England has more than one duty under this Part to provide a personal adviser for a person, each duty is discharged by the provision of the same personal adviser (the local authority are not required to provide more than one personal adviser for the person). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23D",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23D",
    "legislation_id": "ukpga/1989/41",
    "title": "Personal advisers.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.285887Z",
    "text": "Section 29) **Recoupment of cost of providing services \netc.**\n\n1) Where a local authority provide any service under section 17 or 18, other than advice, guidance or counselling, they may recover from a person specified in subsection (4) such charge for the service as they consider reasonable. \n2) Where the authority are satisfied that that person’s means are insufficient for it to be reasonably practicable for him to pay the charge, they shall not require him to pay more than he can reasonably be expected to pay. \n3) No person shall be liable to pay any charge under subsection (1) for a service provided under section 17 or section 18(1) or (5) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance . \n3A) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when he is in receipt of universal credit (except in such circumstances as may be prescribed), of income support under Part VII of the Social Security Contributions and Benefits Act 1992 , of an income-based jobseeker's allowance or of an income-related employment and support allowance . \n3B) No person shall be liable to pay any charge under subsection (1) for a service provided under section 18(2) or (6) at any time when— \n\ta) he is in receipt of guarantee state pension credit under section 1(3)(a) of the State Pension Credit Act 2002, or \n\tb) he is a member of a couple (within the meaning of that Act) the other member of which is in receipt of guarantee state pension credit. \n4) The persons are— \n\ta) where the service is provided for a child under sixteen, each of his parents; \n\tb) where it is provided for a child who has reached the age of sixteen, the child himself; and \n\tc) where it is provided for a member of the child’s family, that member. \n5) Any charge under subsection (1) may, without prejudice to any other method of recovery, be recovered summarily as a civil debt. \n6) Part III of Schedule 2 makes provision in connection with contributions towards the maintenance of children who are being looked after by local authorities and consists of the re-enactment with modifications of provisions in Part V of the  Child Care Act 1980. \n7) Where a local authority provide any accommodation under section 20(1) for a child who was (immediately before they began to look after him) ordinarily resident within the area of another local authority or the area of a local authority in Wales , they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him. \n8) Where a local authority provide accommodation under section 21(1) or (2)(a) or (b) for a child who is ordinarily resident within the area of another local authority or the area of a local authority in Wales and they are not maintaining him in— \n\ta) a community home provided by them; \n\tb) a controlled community home; or \n\tc) a hospital vested in the Secretary of State or , the Welsh Ministers  ... or any other hospital made available pursuant to arrangements made by the Secretary of State, NHS England or an integrated care board under the National Health Service Act 2006 or by  ..., a Local Health Board  ..., , they may recover from that other authority any reasonable expenses incurred by them in providing the accommodation and maintaining him. \n9) Except where subsection (10) or subsection (11) applies, Where a local authority comply with any request under section 27(2) or section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) in relation to a child or other person who is not ordinarily resident within their area, they may recover from the local authority or a local authority in Wales in whose area the child or person is ordinarily resident any reasonable expenses incurred by them in respect of that person. \n10) Where a local authority (“authority A”) comply with any request under section 27(2) from another local authority (“authority B”) in relation to a child or other person— \n\ta) whose responsible authority is authority B for the purposes of section 23B or 23C; or \n\tb) whom authority B are advising or befriending or to whom they are giving assistance by virtue of section 24(5)(a), authority A may recover from authority B any reasonable expenses incurred by them in respect of that person. \n11) Where a local authority (“authority A”) comply with any request under section 164A(2) of the Social Services and Well-being (Wales) Act 2014 (duty of other persons to co-operate and provide information) from a local authority in Wales (“authority B”) in relation to a person, and authority B are the responsible local authority for that person (within the meaning of section 104(5)(b) (except for category 4 young persons) or (d) of that Act), then authority A may recover from authority B any reasonable expenses incurred by them in respect of that person. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/29",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/29",
    "legislation_id": "ukpga/1989/41",
    "title": "Recoupment of cost of providing services etc.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 29,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.672870Z",
    "text": "Section 91A) **Section 91(14) orders: further provision**\n\n1) This section makes further provision about orders under section 91(14) (referred to in this section as  “section 91(14) orders”). \n2) The circumstances in which the court may make a section 91(14) order include, among others, where the court is satisfied that the making of an application for an order under this Act of a specified kind by any person who is to be named in the section 91(14) order would put— \n\ta) the child concerned, or \n\tb) another individual (“the relevant individual”), at risk of harm. \n3) In the case of a child or other individual who has reached the age of eighteen, the reference in subsection (2) to  “harm” is to be read as a reference to ill-treatment or the impairment of physical or mental health. \n4) Where a person who is named in a section 91(14) order applies for leave to make an application of a specified kind, the court must, in determining whether to grant leave, consider whether there has been a material change of circumstances since the order was made. \n5) A section 91(14) order may be made by the court— \n\ta) on an application made— \n\t\ti) by the relevant individual; \n\t\tii) by or on behalf of the child concerned; \n\t\tiii) by any other person who is a party to the application being disposed of by the court; \n\tb) of its own motion. \n6) In this section,  “the child concerned” means the child referred to in section 91(14). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/91A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/91A",
    "legislation_id": "ukpga/1989/41",
    "title": "Section 91(14) orders: further provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.928577Z",
    "text": "Section 5) **Appointment of guardians.**\n\n1) Where an application with respect to a child is made to the court by any individual, the court may by order appoint that individual to be the child’s guardian if— \n\ta) the child has no parent with parental responsibility for him; or \n\tb) a parent, guardian or special guardian of the child's was named in a child arrangements order as a person with whom the child was to live and has died while the order was in force ; or \n\tc) paragraph (b) does not apply, and the child’s only or last surviving special guardian dies. \n2) The power conferred by subsection (1) may also be exercised in any family proceedings if the court considers that the order should be made even though no application has been made for it. \n3) A parent who has parental responsibility for his child may appoint another individual to be the child’s guardian in the event of his death. \n4) A guardian of a child may appoint another individual to take his place as the child’s guardian in the event of his death ; and a special guardian of a child may appoint another individual to be the child’s guardian in the event of his death . \n5) An appointment under subsection (3) or (4) shall not have effect unless it is made in writing, is dated and is signed by the person making the appointment or— \n\ta) in the case of an appointment made by a will which is not signed by the testator, is signed at the direction of the testator in accordance with the requirements of section 9 of the  Wills Act 1837; or \n\tb) in any other case, is signed at the direction of the person making the appointment, in his presence and in the presence of two witnesses who each attest the signature. \n6) A person appointed as a child’s guardian under this section shall have parental responsibility for the child concerned. \n7) Where— \n\ta) on the death of any person making an appointment under subsection (3) or (4), the child concerned has no parent with parental responsibility for him; or \n\tb) immediately before the death of any person making such an appointment, a child arrangements order was in force in which the person was named as a person with whom the child was to live or the person was the child’s only (or last surviving) special guardian , the appointment shall take effect on the death of that person. \n8) Where, on the death of any person making an appointment under subsection (3) or (4)— \n\ta) the child concerned has a parent with parental responsibility for him; and \n\tb) subsection (7)(b) does not apply, the appointment shall take effect when the child no longer has a parent who has parental responsibility for him. \n9) Subsections (1) and (7) do not apply if the child arrangements order referred to in paragraph (b) of those subsections also named a surviving parent of the child as a person with whom the child was to live . \n10) Nothing in this section shall be taken to prevent an appointment under subsection (3) or (4) being made by two or more persons acting jointly. \n11) Subject to any provision made by rules of court, no court shall exercise the High Court’s inherent jurisdiction to appoint a guardian of the estate of any child. \n12) Where rules of court are made under subsection (11) they may prescribe the circumstances in which, and conditions subject to which, an appointment of such a guardian may be made. \n13) A guardian of a child may only be appointed in accordance with the provisions of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/5",
    "legislation_id": "ukpga/1989/41",
    "title": "Appointment of guardians.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.165156Z",
    "text": "Section 23) **Provision of accommodation and maintenance by local authority for children whom they are looking after.**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23",
    "legislation_id": "ukpga/1989/41",
    "title": "Provision of accommodation and maintenance by local authority for children whom they are looking after.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.442338Z",
    "text": "Section 48) **Powers to assist in discovery of children who may be in need of emergency protection.**\n\n1) Where it appears to a court making an emergency protection order that adequate information as to the child’s whereabouts— \n\ta) is not available to the applicant for the order; but \n\tb) is available to another person, it may include in the order a provision requiring that other person to disclose, if asked to do so by the applicant, any information that he may have as to the child’s whereabouts. \n2) No person shall be excused from complying with such a requirement on the ground that complying might incriminate him or his spouse or civil partner of an offence; but a statement or admission made in complying shall not be admissible in evidence against either of them in proceedings for any offence other than perjury. \n3) An emergency protection order may authorise the applicant to enter premises specified by the order and search for the child with respect to whom the order is made. \n4) Where the court is satisfied that there is reasonable cause to believe that there may be another child on those premises with respect to whom an emergency protection order ought to be made, it may make an order authorising the applicant to search for that other child on those premises. \n5) Where— \n\ta) an order has been made under subsection (4); \n\tb) the child concerned has been found on the premises; and \n\tc) the applicant is satisfied that the grounds for making an emergency protection order exist with respect to him, the order shall have effect as if it were an emergency protection order. \n6) Where an order has been made under subsection (4), the applicant shall notify the court of its effect. \n7) A person shall be guilty of an offence if he intentionally obstructs any person exercising the power of entry and search under subsection (3) or (4). \n8) A person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n9) Where, on an application made by any person for a warrant under this section, it appears to the court— \n\ta) that a person attempting to exercise powers under an emergency protection order has been prevented from doing so by being refused entry to the premises concerned or access to the child concerned; or \n\tb) that any such person is likely to be so prevented from exercising any such powers, it may issue a warrant authorising any constable to assist the person mentioned in paragraph (a) or (b) in the exercise of those powers using reasonable force if necessary. \n10) Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if— \n\ta) that person so desires; and \n\tb) the court by whom the warrant is issued does not direct otherwise. \n11) A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses. \n11A) The reference in subsection (11) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001. \n12) An application for a warrant under this section shall be made in the manner and form prescribed by rules of court. \n13) Wherever it is reasonably practicable to do so, an order under subsection (4), an application for a warrant under this section and any such warrant shall name the child; and where it does not name him it shall describe him as clearly as possible. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/48",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/48",
    "legislation_id": "ukpga/1989/41",
    "title": "Powers to assist in discovery of children who may be in need of emergency protection.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 48,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.306673Z",
    "text": "Section 31A) **Care orders: care plans**\n\n1) Where an application is made on which a care order might be made with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan (“a care plan”) for the future care of the child. \n2) While the application is pending, the authority must keep any care plan prepared by them under review and, if they are of the opinion some change is required, revise the plan, or make a new plan, accordingly. \n3) A care plan must give any prescribed information and do so in the prescribed manner. \n4) For the purposes of this section, the appropriate local authority, in relation to a child in respect of whom a care order might be made, is the local authority proposed to be designated in the order. \n5) In section 31(3A) and this section, references to a care order do not include an interim care order. \n6) A plan prepared, or treated as prepared, under this section is referred to in this Act as a “section 31A plan”. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/31A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/31A",
    "legislation_id": "ukpga/1989/41",
    "title": "Care orders: care plans",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.185264Z",
    "text": "Section 23ZA) **Duty of local authority to ensure visits to, and contact with, looked after children and others**\n\n1) This section applies to— \n\ta) a child looked after by a local authority; \n\tb) a child who was looked after by a local authority but who has ceased to be looked after by them as a result of prescribed circumstances. \n2) It is the duty of the local authority— \n\ta) to ensure that a person to whom this section applies is visited by a representative of the authority (“a representative”); \n\tb) to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies who seeks it from them. \n3) The duties imposed by subsection (2)— \n\ta) are to be discharged in accordance with any regulations made for the purposes of this section by the Secretary of State ; \n\tb) are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is accommodated. \n4) Regulations under this section for the purposes of subsection (3)(a) may make provision about— \n\ta) the frequency of visits; \n\tb) circumstances in which a person to whom this section applies must be visited by a representative; and \n\tc) the functions of a representative. \n5) In choosing a representative a local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a representative. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23ZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23ZA",
    "legislation_id": "ukpga/1989/41",
    "title": "Duty of local authority to ensure visits to, and contact with, looked after children and others",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.520605Z",
    "text": "Section 66) **Privately fostered children.**\n\n1) In this Part— \n\ta) “a privately fostered child” means a child who is under the age of sixteen and who is cared for, and provided with accommodation in their own home by, someone other than— \n\t\ti) a parent of his; \n\t\tii) a person who is not a parent of his but who has parental responsibility for him; or \n\t\tiii) a relative of his; and \n\tb) “to foster a child privately” means to look after the child in circumstances in which he is a privately fostered child as defined by this section. \n2) A child is not privately fostered child if the person caring for and accommodating him— \n\ta) has done so for a period a period of less than 28 days; and \n\tb) does not intend to do so for any longer period. \n3) Subsection (1) is subject to — \n\ta) the provisions of section 63; and \n\tb) the exceptions made by paragraph 1 to 5 of Schedule 8. \n4) In the case of a child who is disabled, subsection (1)(a) shall have effect as if for “sixteen”there were substituted “eighteen”. \n4A) The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person’s own home. \n5) Schedule 8 shall have effect for the purposes of supplementing the provision made by this Part. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/66",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/66",
    "legislation_id": "ukpga/1989/41",
    "title": "Privately fostered children.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 66,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.211281Z",
    "text": "Section 23CZB) **England: further advice and support**\n\n1) This section applies to a former relevant child if— \n\ta) he or she has reached the age of 21 but not the age of 25, and \n\tb) a local authority in England had duties towards him or her under section 23C (whether or not some of those duties continue to subsist by virtue of subsection (7) of that section). \n2) If the former relevant child informs the local authority that he or she wishes to receive advice and support under this section, the local authority has the duties provided for in subsections (3) to (6). \n3) The local authority must provide the former relevant child with a personal adviser until the former relevant child— \n\ta) reaches the age of 25, or \n\tb) if earlier, informs the local authority that he or she no longer wants a personal adviser. \n4) The local authority must— \n\ta) carry out an assessment in relation to the former relevant child under subsection (5), and \n\tb) prepare a pathway plan for the former relevant child. \n5) An assessment under this subsection is an assessment of the needs of the former relevant child with a view to determining— \n\ta) whether any services offered by the local authority (under this Act or otherwise) may assist in meeting his or her needs, and \n\tb) if so, what advice and support it would be appropriate for the local authority to provide for the purpose of helping the former relevant child to obtain those services. \n6) The local authority must provide the former relevant child with advice and support that it would be appropriate to provide as mentioned in subsection (5)(b). \n7) Where a former relevant child to whom this section applies is not receiving advice and support under this section, the local authority must offer such advice and support— \n\ta) as soon as possible after he or she reaches the age of 21, and \n\tb) at least once in every 12 months. \n8) In this section  “former relevant child” has the meaning given by section 23C(1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23CZB",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23CZB",
    "legislation_id": "ukpga/1989/41",
    "title": "England: further advice and support",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.567503Z",
    "text": "Section 79H) **Suspension of registration.**\n\n1) Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by the Assembly in prescribed circumstances. \n2) Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the First-tier Tribunal against suspension. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended. \n5) A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended. \n6) If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79H",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79H",
    "legislation_id": "ukpga/1989/41",
    "title": "Suspension of registration.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.197004Z",
    "text": "Section 23B) **Additional functions of the responsible authority in respect of relevant children.**\n\n1) It is the duty of each local authority to take reasonable steps to keep in touch with a relevant child for whom they are the responsible authority, whether he is within their area or not. \n2) It is the duty of each local authority to appoint a personal adviser for each relevant child (if they have not already done so under paragraph 19C of Schedule 2). \n3) It is the duty of each local authority, in relation to any relevant child who does not already have a pathway plan prepared for the purposes of paragraph 19B of Schedule 2— \n\ta) to carry out an assessment of his needs with a view to determining what advice, assistance and support it would be appropriate for them to provide him under this Part; and \n\tb) to prepare a pathway plan for him. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) The responsible local authority shall safeguard and promote the child’s welfare and, unless they are satisfied that his welfare does not require it, support him by— \n\ta) maintaining him; \n\tb) providing him with or maintaining him in suitable accommodation; and \n\tc) providing support of such other descriptions as may be prescribed. \n9) Support under subsection (8) may be in cash. \n10) The Secretary of State may by regulations make provision about the meaning of “suitable accommodation” and in particular about the suitability of landlords or other providers of accommodation. \n11) If the local authority have lost touch with a relevant child, despite taking reasonable steps to keep in touch, they must without delay— \n\ta) consider how to re-establish contact; and \n\tb) take reasonable steps to do so, and while the child is still a relevant child must continue to take such steps until they succeed. \n12) Subsections (7) to (9) of section 17 apply in relation to support given under this section as they apply in relation to assistance given under that section. \n13) Subsections (4) and (5) of section 22 apply in relation to any decision by a local authority for the purposes of this section as they apply in relation to the decisions referred to in that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23B",
    "legislation_id": "ukpga/1989/41",
    "title": "Additional functions of the responsible authority in respect of relevant children.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.352391Z",
    "text": "Section 38A) **Power to include exclusion requirement in interim care order.**\n\n1) Where— \n\ta) on being satisfied that there are reasonable grounds for believing that the circumstances with respect to a child are as mentioned in section 31(2)(a) and (b)(i), the court makes an interim care order with respect to a child, and \n\tb) the conditions mentioned in subsection (2) are satisfied, the court may include an exclusion requirement in the interim care order. \n2) The conditions are— \n\ta) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, the child will cease to suffer, or cease to be likely to suffer, significant harm, and \n\tb) that another person living in the dwelling-house (whether a parent of the child or some other person)— \n\t\ti) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and \n\t\tii) consents to the inclusion of the exclusion requirement. \n3) For the purposes of this section an exclusion requirement is any one or more of the following— \n\ta) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child, \n\tb) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and \n\tc) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated. \n4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the interim care order. \n5) Where the court makes an interim care order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement. \n6) Where the court attaches a power of arrest to an exclusion requirement of an interim care order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement. \n7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the interim care order. \n8) Where a power of arrest is attached to an exclusion requirement of an interim care order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement. \n9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act. \n10) If, while an interim care order containing an exclusion requirement is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the interim care order shall cease to have effect in so far as it imposes the exclusion requirement. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/38A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/38A",
    "legislation_id": "ukpga/1989/41",
    "title": "Power to include exclusion requirement in interim care order.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.189587Z",
    "text": "Section 23ZB) **Independent visitors for children looked after by a local authority**\n\n1) A local authority looking after a child must appoint an independent person to be the child's visitor if— \n\ta) the child falls within a description prescribed in regulations made by the Secretary of State ; or \n\tb) in any other case, it appears to them that it would be in the child's interests to do so. \n2) A person appointed under this section must visit, befriend and advise the child. \n3) A person appointed under this section is entitled to recover from the appointing authority any reasonable expenses incurred by that person for the purposes of that person's functions under this section. \n4) A person's appointment as a visitor in pursuance of this section comes to an end if— \n\ta) the child ceases to be looked after by the local authority; \n\tb) the person resigns the appointment by giving notice in writing to the appointing authority; or \n\tc) the authority give him notice in writing that they have terminated it. \n5) The ending of such an appointment does not affect any duty under this section to make a further appointment. \n6) Where a local authority propose to appoint a visitor for a child under this section, the appointment shall not be made if— \n\ta) the child objects to it; and \n\tb) the authority are satisfied that the child has sufficient understanding to make an informed decision. \n7) Where a visitor has been appointed for a child under this section, the local authority shall terminate the appointment if— \n\ta) the child objects to its continuing; and \n\tb) the authority are satisfied that the child has sufficient understanding to make an informed decision. \n8) If the local authority give effect to a child's objection under subsection (6) or (7) and the objection is to having anyone as the child's visitor, the authority does not have to propose to appoint another person under subsection (1) until the objection is withdrawn. \n9) The Secretary of State may make regulations as to the circumstances in which a person is to be regarded for the purposes of this section as independent of the appointing authority. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23ZB",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23ZB",
    "legislation_id": "ukpga/1989/41",
    "title": "Independent visitors for children looked after by a local authority",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.061327Z",
    "text": "Section 14F) **Special guardianship support services**\n\n1) Each local authority must make arrangements for the provision within their area of special guardianship support services, which means— \n\ta) counselling, advice and information; and \n\tb) such other services as are prescribed, in relation to special guardianship. \n2) The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support. \n3) At the request of any of the following persons— \n\ta) a child with respect to whom a special guardianship order is in force; \n\tb) a special guardian; \n\tc) a parent; \n\td) any other person who falls within a prescribed description, a local authority may carry out an assessment of that person’s needs for special guardianship support services (but, if the Secretary of State so provides in regulations, they must do so if he is a person of a prescribed description, or if his case falls within a prescribed description, or if both he and his case fall within prescribed descriptions). \n4) A local authority may, at the request of any other person, carry out an assessment of that person’s needs for special guardianship support services. \n5) Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person. \n6) If— \n\ta) a local authority decide to provide any special guardianship support services to a person, and \n\tb) the circumstances fall within a prescribed description, the local authority must prepare a plan in accordance with which special guardianship support services are to be provided to him, and keep the plan under review. \n7) The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services. \n8) The regulations may in particular make provision— \n\ta) about the type of assessment which is to be carried out, or the way in which an assessment is to be carried out; \n\tb) about the way in which a plan is to be prepared; \n\tc) about the way in which, and the time at which, a plan or the provision of special guardianship support services is to be reviewed; \n\td) about the considerations to which a local authority are to have regard in carrying out an assessment or review or preparing a plan; \n\te) as to the circumstances in which a local authority may provide special guardianship support services subject to conditions (including conditions as to payment for the support or the repayment of financial support); \n\tf) as to the consequences of conditions imposed by virtue of paragraph (e) not being met (including the recovery of any financial support provided); \n\tg) as to the circumstances in which this section may apply to a local authority in respect of persons who are outside that local authority’s area; \n\th) as to the circumstances in which a local authority may recover from another local authority the expenses of providing special guardianship support services to any person. \n9) A local authority may provide special guardianship support services (or any part of them) by securing their provision by— \n\ta) another local authority; or \n\tb) a person within a description prescribed in regulations of persons who may provide special guardianship support services, and may also arrange with any such authority or person for that other authority or that person to carry out the local authority’s functions in relation to assessments under this section. \n10) A local authority may carry out an assessment of the needs of any person for the purposes of this section at the same time as an assessment of his needs is made under any other provision of this Act or under any other enactment. \n11) Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority in England under this section as it applies in relation to the exercise of functions of a local authority under Part 3 and see sections 164 and 164A of the Social Services and Well-being (Wales) Act 2014 for provision about co-operation between local authorities in Wales and other bodies. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14F",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14F",
    "legislation_id": "ukpga/1989/41",
    "title": "Special guardianship support services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.378270Z",
    "text": "Section 42) **Right of officer of the Service to have access to local authority records**\n\n1) Where an officer of the Service or Welsh family proceedings officer has been appointed under section 41 he shall have the right at all reasonable times to examine and take copies of— \n\ta) any records of, or held by, a local authority or an authorised person which were compiled in connection with the making, or proposed making, by any person of any application under this Act with respect to the child concerned;  . . . \n\tb) any  . . . records of, or held by, a local authority which were compiled in connection with any functions which are social services functions within the meaning of the  Local Authority Social Services Act 1970 or for the purposes of the Social Services and Well-being (Wales) Act 2014 , so far as those records relate to that child. ; or \n\tc) any records of, or held by, an authorised person which were compiled in connection with the activities of that person, so far as those records relate to that child. \n2) Where an officer of the Service or Welsh family proceedings officer takes a copy of any record which he is entitled to examine under this section, that copy or any part of it shall be admissible as evidence of any matter referred to in any— \n\ta) report which he makes to the court in the proceedings in question; or \n\tb) evidence which he gives in those proceedings. \n3) Subsection (2) has effect regardless of any enactment or rule of law which would otherwise prevent the record in question being admissible in evidence. \n4) In this section “authorised person” has the same meaning as in section 31. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/42",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/42",
    "legislation_id": "ukpga/1989/41",
    "title": "Right of officer of the Service to have access to local authority records",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 42,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.700665Z",
    "text": "Section 102) **Power of constable to assist in exercise of certain powers to search for children or inspect premises.**\n\n1) Where, on an application made by any person for a warrant under this section, it appears to the court— \n\ta) that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or \n\tb) that any such person is likely to be so prevented from exercising any such powers, it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary. \n2) Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if— \n\ta) that person so desires; and \n\tb) the court by whom the warrant is issued does not direct otherwise. \n3) A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or registered midwife if he so chooses. \n3A) The reference in subsection (3) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001. \n4) An application for a warrant under this section shall be made in the manner and form prescribed by rules of court. \n5) Where— \n\ta) an application for a warrant under this section relates to a particular child; and \n\tb) it is reasonably practicable to do so, the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible. \n6) The enactments are— \n\ta) sections 62, 64, 67, 76, 79U, 80, 86 and 87; \n\tb) paragraph 8(1)(b) and (2)(b) of Schedule 3; \n\tc)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/102",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/102",
    "legislation_id": "ukpga/1989/41",
    "title": "Power of constable to assist in exercise of certain powers to search for children or inspect premises.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 102,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.515377Z",
    "text": "Section 65) **2 Persons disqualified from carrying on, or being employed in children’s homes.**\n\nA1) A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless— \n\ta) P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and \n\tb) P has obtained the appropriate authority's written consent. \nA2) A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless— \n\ta) E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and \n\tb) E has obtained the appropriate authority's written consent. \n1) A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home in Wales unless he has— \n\ta) disclosed to the appropriate authority the fact that he is so disqualified; and \n\tb) obtained its written consent. \n2) No person shall employ a person who is so disqualified in a children’s home in Wales unless he has— \n\ta) disclosed to the appropriate authority the fact that that person is so disqualified; and \n\tb) obtained its written consent. \n3) Where the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states— \n\ta) the reason for the refusal; \n\tb) the applicant’s right to appeal under section 65A against the refusal to the First-tier Tribunal \n\tc) the time within which he may do so. \n4) Any person who contravenes subsection (A1), (A2), (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both. \n5) Where a person contravenes subsection (A2) or (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68. \n6) In this section and section 65A “appropriate authority” means— \n\ta) in relation to England, the Her Majesty's Chief Inspector of Education, Children's Services and Skills ; and \n\tb) in relation to Wales, the National Assembly for Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/65",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/65",
    "legislation_id": "ukpga/1989/41",
    "title": "2 Persons disqualified from carrying on, or being employed in children’s homes.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 65,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.208571Z",
    "text": "Section 23CZA) **Arrangements for certain former relevant children to continue to live with former foster parents**\n\n1) Each local authority  ... have the duties provided for in subsection (3) in relation to a staying put arrangement. \n2) A  “staying put arrangement” is an arrangement under which— \n\ta) a person who is a former relevant child by virtue of section 23C(1)(b), and \n\tb) a person (a  “former foster parent”) who was the former relevant child's local authority foster parent immediately before the former relevant child ceased to be looked after by the local authority, continue to live together after the former relevant child has ceased to be looked after. \n3) It is the duty of the local authority (in discharging the duties in section 23C(3) and by other means)— \n\ta) to monitor the staying put arrangement, and \n\tb) to provide advice, assistance and support to the former relevant child and the former foster parent with a view to maintaining the staying put arrangement. \n4) Support provided to the former foster parent under subsection (3)(b) must include financial support. \n5) Subsection (3)(b) does not apply if the local authority consider that the staying put arrangement is not consistent with the welfare of the former relevant child. \n6) The duties set out in subsection (3) subsist until the former relevant child reaches the age of 21. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23CZA",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23CZA",
    "legislation_id": "ukpga/1989/41",
    "title": "Arrangements for certain former relevant children to continue to live with former foster parents",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.607467Z",
    "text": "Section 82) **Financial support by Secretary of State.**\n\n1) The Secretary of State may (with the consent of the Treasury) defray or contribute towards— \n\ta) any fees or expenses incurred by any person undergoing approved child care training; \n\tb) any fees charged, or expenses incurred, by any person providing approved child care training or preparing material for use in connection with such training; or \n\tc) the cost of maintaining any person undergoing such training. \n2) The Secretary of State may make grants to local authorities in respect of expenditure incurred by them in providing secure accommodation in community homes other than assisted community homes. \n3) Where— \n\ta) a grant has been made under subsection (2) with respect to any secure accommodation; but \n\tb) the grant is not used for the purpose for which it was made or the accommodation is not used as, or ceases to be used as, secure accommodation, the Secretary of State may (with the consent of the Treasury) require the authority concerned to repay the grant, in whole or in part. \n4) The Secretary of State may make grants to voluntary organisations towards— \n\ta) expenditure incurred by them in connection with the establishment, maintenance or improvement of voluntary homes which, at the time when the expenditure was incurred— \n\t\ti) were assisted community homes; or \n\t\tii) were designated as such; or \n\tb) expenses incurred in respect of the borrowing of money to defray any such expenditure. \n5) The Secretary of State may arrange for the provision, equipment and maintenance of homes for the accommodation of children who are in need of particular facilities and services which— \n\ta) are or will be provided in those homes; and \n\tb) in the opinion of the Secretary of State, are unlikely to be readily available in community homes. \n6) In this Part— \n\t- “child care training” means training undergone by any person with a view to, or in the course of—\n\ta) his employment for the purposes of any of the functions mentioned in section 83(9) or in connection with the adoption of children or with the accommodation of children in a care home or independent hospital ; or \n\tb) his employment by a voluntary organisation for similar purposes; \n\t- “approved child care training” means child care training which is approved by the Secretary of State; and\n\t- “secure accommodation” means accommodation provided for the purpose of restricting the liberty of children.\n7) Any grant made under this section shall be of such amount, and shall be subject to such conditions, as the Secretary of State may (with the consent of the Treasury) determine. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/82",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/82",
    "legislation_id": "ukpga/1989/41",
    "title": "Financial support by Secretary of State.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 82,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.136777Z",
    "text": "Section 17B) **Vouchers for persons with parental responsibility for disabled children : Wales.**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17B",
    "legislation_id": "ukpga/1989/41",
    "title": "Vouchers for persons with parental responsibility for disabled children : Wales.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.360814Z",
    "text": "Section 39) **Discharge and variation etc. of care orders and supervision orders.**\n\n1) A care order may be discharged by the court on the application of— \n\ta) any person who has parental responsibility for the child; \n\tb) the child himself; or \n\tc) the local authority designated by the order. \n2) A supervision order may be varied or discharged by the court on the application of— \n\ta) any person who has parental responsibility for the child; \n\tb) the child himself; or \n\tc) the supervisor. \n3) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person with whom the child is living, a supervision order may be varied by the court in so far as it imposes a requirement which affects that person. \n3A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an interim care order may be varied or discharged by the court in so far as it imposes the exclusion requirement. \n3B) Where a power of arrest has been attached to an exclusion requirement of an interim care order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order). \n4) Where a care order is in force with respect to a child the court may, on the application of any person entitled to apply for the order to be discharged, substitute a supervision order for the care order.  \n5) When a court is considering whether to substitute one order for another under subsection (4) any provision of this Act which would otherwise require section 31(2) to be satisfied at the time when the proposed order is substituted or made shall be disregarded. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/39",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/39",
    "legislation_id": "ukpga/1989/41",
    "title": "Discharge and variation etc. of care orders and supervision orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 39,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.558480Z",
    "text": "Section 79D) **Requirement to register.**\n\n1) No person shall act as a child minder in Wales unless he is registered under this Part for child minding by the Assembly. \n2) Where it appears to the Assembly that a person has contravened subsection (1), the Assembly may serve a notice (“an enforcement notice”) on him. \n3) An enforcement notice shall have effect for a period of one year beginning with the date on which it is served. \n4) If a person in respect of whom an enforcement notice has effect contravenes subsection (1) without reasonable excuse  . . . , he shall be guilty of an offence. \n5) No person shall provide day care on any premises unless he is registered under this Part for providing day care on those premises in Wales by the Assembly . \n6) If any person contravenes subsection (5) without reasonable excuse, he shall be guilty of an offence. \n7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79D",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79D",
    "legislation_id": "ukpga/1989/41",
    "title": "Requirement to register.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.463747Z",
    "text": "Section 52) **Rules and regulations.**\n\n1) Without prejudice to section 93 or any other power to make such rules, rules of court may be made with respect to the procedure to be followed in connection with proceedings under this Part. \n2) The rules may, in particular make provision— \n\ta) as to the form in which any application is to be made or direction is to be given; \n\tb) prescribing the persons who are to be notified of— \n\t\ti) the making, or extension, of an emergency protection order; or \n\t\tii) the making of an application under section 45(4) or (8) or 46(7); and \n\tc) as to the content of any such notification and the manner in which, and person by whom, it is to be given. \n3) The Secretary of State may by regulations provide that, where— \n\ta) an emergency protection order has been made with respect to a child; \n\tb) the applicant for the order was not the local authority within whose area the child is ordinarily resident; and \n\tc) that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them, that authority shall (subject to their having complied with any requirements imposed by the regulations) be treated, for the purposes of this Act, as though they and not the original applicant had applied for, and been granted, the order. \n4) Regulations made under subsection (3) may, in particular, make provision as to— \n\ta) the considerations to which the local authority shall have regard in forming an opinion as mentioned in subsection (3)(c); and \n\tb) the time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/52",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/52",
    "legislation_id": "ukpga/1989/41",
    "title": "Rules and regulations.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 52,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.935299Z",
    "text": "Section 6) **Guardians: revocation and disclaimer.**\n\n1) An appointment under section 5(3) or (4) revokes an earlier such appointment (including one made in an unrevoked will or codicil) made by the same person in respect of the same child, unless it is clear (whether as the result of an express provision in the later appointment or by any necessary implication) that the purpose of the later appointment is to appoint an additional guardian. \n2) An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person who made the appointment revokes it by a written and dated instrument which is signed— \n\ta) by him; or \n\tb) at his direction, in his presence and in the presence of two witnesses who each attest the signature. \n3) An appointment under section 5(3) or (4) (other than one made in a will or codicil) is revoked if, with the intention of revoking the appointment, the person who made it— \n\ta) destroys the instrument by which it was made; or \n\tb) has some other person destroy that instrument in his presence. \n3A) An appointment under section 5(3) or (4) (including one made in an unrevoked will or codicil) is revoked if the person appointed is the spouse of the person who made the appointment and either— \n\ta)  ... a court of civil jurisdiction in England and Wales dissolves or annuls the marriage, or \n\tb) the marriage is dissolved or annulled and the divorce or annulment is entitled to recognition in England and Wales by virtue of Part II of the Family Law Act 1986, unless a contrary intention appears by the appointment. \n3B) An appointment under section 5(3) or (4)(including one made in an unrevoked will or codicil) is revoked if the person appointed is the civil partner of the person who made the appointment and either— \n\ta) an order of a court of civil jurisdiction in England and Wales dissolves or annuls the civil partnership, or \n\tb) the civil partnership is dissolved or annulled and the dissolution or annulment is entitled to recognition in England and Wales by virtue of Chapter 3 of Part 5 of the Civil Partnership Act 2004, unless a contrary intention appears by the appointment. \n4) For the avoidance of doubt, an appointment under section 5(3) or (4) made in a will or codicil is revoked if the will or codicil is revoked. \n5) A person who is appointed as a guardian under section 5(3) or (4) may disclaim his appointment by an instrument in writing signed by him and made within a reasonable time of his first knowing that the appointment has taken effect. \n6) Where regulations are made by the Lord Chancellor prescribing the manner in which such disclaimers must be recorded, no such disclaimer shall have effect unless it is recorded in the prescribed manner. \n7) Any appointment of a guardian under section 5 may be brought to an end at any time by order of the court— \n\ta) on the application of any person who has parental responsibility for the child; \n\tb) on the application of the child concerned, with leave of the court; or \n\tc) in any family proceedings, if the court considers that it should be brought to an end even though no application has been made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/6",
    "legislation_id": "ukpga/1989/41",
    "title": "Guardians: revocation and disclaimer.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.293898Z",
    "text": "Section 30) **Miscellaneous.**\n\n1) Nothing in this Part shall affect any duty imposed on a local authority by or under any other enactment. \n2) Any question arising under section 20(2), 21(3) or 29(7) to (9) as to the ordinary residence of a child shall be determined by agreement between the local authorities concerned or, in default of agreement, by the Secretary of State but see subsection (2C) . \n2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2C) Any question arising as to whether a child is ordinarily resident— \n\ta) in the area of a local authority under section 20(2), 21(3) or 29(7) to (9), or \n\tb) in the area of a local authority in Wales under section 76(2), 77(4) or (5), or 193(3) to (6) of the Social Services and Well-being (Wales) Act 2014, shall be determined by the local authority and local authority in Wales concerned, or in default of agreement, by the Secretary of State. \n2D) The Secretary of State must consult the Welsh Ministers before making a determination under subsection (2C). \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) The Secretary of State may make regulations for determining, as respects any education functions specified in the regulations, whether a child who is being looked after by a local authority is to be treated, for purposes so specified, as a child of parents of sufficient resources or as a child of parents without resources. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/30",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/30",
    "legislation_id": "ukpga/1989/41",
    "title": "Miscellaneous.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 30,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.279655Z",
    "text": "Section 26A) **Advocacy services**\n\n1) Every local authority shall make arrangements for the provision of assistance to— \n\ta) persons who make or intend to make representations under section 24D; and \n\tb) children who make or intend to make representations under section 26. \n2) The assistance provided under the arrangements shall include assistance by way of representation. \n2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) The arrangements— \n\ta) shall secure that a person may not provide assistance if he is a person who is prevented from doing so by regulations made by the Secretary of State ; and \n\tb) shall comply with any other provision made by the regulations in relation to the arrangements. \n4) The Secretary of State may make regulations requiring local authorities to monitor the steps that they have taken with a view to ensuring that they comply with regulations made for the purposes of subsection (3). \n5) Every local authority shall give such publicity to their arrangements for the provision of assistance under this section as they consider appropriate. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/26A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/26A",
    "legislation_id": "ukpga/1989/41",
    "title": "Advocacy services",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.123036Z",
    "text": "Section 17A) **Direct payments**\n\n1) The Secretary of State may by regulations make provision for and in connection with requiring or authorising the responsible authority in the case of a person of a prescribed description who falls within subsection (2) to make, with that person’s consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the service mentioned in that subsection. \n2) A person falls within this subsection if he is— \n\ta) a person with parental responsibility for a disabled child, \n\tb) a disabled person with parental responsibility for a child, or \n\tc) a disabled child aged 16 or 17, and a local authority (“the responsible authority”) have decided for the purposes of section 17 that the child’s needs (or, if he is such a disabled child, his needs) call for the provision by them of a service in exercise of functions conferred on them under that section. \n3) Regulations under this section may, in particular, make provision— \n\ta) specifying circumstances in which the responsible authority are not required or authorised to make any payments under the regulations to a person, whether those circumstances relate to the person in question or to the particular service mentioned in subsection (2); \n\tb) for any payments required or authorised by the regulations to be made to a person by the responsible authority (“direct payments”) to be made to that person (“the payee”) as gross payments or alternatively as net payments; \n\tc) for the responsible authority to make for the purposes of subsection (3A) or (3B) such determination as to— \n\t\ti) the payee’s means, and \n\t\tii) the amount (if any) which it would be reasonably practicable for the payee to pay to the authority by way of reimbursement or contribution, as may be prescribed; \n\td) as to the conditions falling to be complied with by the payee which must or may be imposed by the responsible authority in relation to the direct payments (and any conditions which may not be so imposed); \n\te) specifying circumstances in which the responsible authority— \n\t\ti) may or must terminate the making of direct payments, \n\t\tii) may require repayment (whether by the payee or otherwise) of the whole or part of the direct payments; \n\tf) for any sum falling to be paid or repaid to the responsible authority by virtue of any condition or other requirement imposed in pursuance of the regulations to be recoverable as a debt due to the authority; \n\tg) displacing functions or obligations of the responsible authority with respect to the provision of the service mentioned in subsection (2) only to such extent, and subject to such conditions, as may be prescribed; \n\th) authorising direct payments to be made to any prescribed person on behalf of the payee; \n\tj) as to matters to which the responsible authority must, or may, have regard when making a decision for the purposes of a provision of the regulations; \n\tk) as to steps which the responsible authority must, or may, take before, or after, the authority makes a decision for the purposes of a provision of the regulations; \n\tl) specifying circumstances in which a person who has fallen within subsection (3D) but no longer does so (whether because of fluctuating capacity, or regaining or gaining of capacity) is to be treated, or may be treated, as falling within subsection (3D) for purposes of this section or for purposes of regulations under this section. \n3A) For the purposes of subsection (3)(b) “gross payments” means payments— \n\ta) which are made at such a rate as the authority estimate to be equivalent to the reasonable cost of securing the provision of the service concerned; but \n\tb) which may be made subject to the condition that the payee pays to the responsible authority, by way of reimbursement, an amount or amounts determined under the regulations. \n3B) For the purposes of subsection (3)(b) “net payments” means payments— \n\ta) which are made on the basis that the payee will pay an amount or amounts determined under the regulations by way of contribution towards the cost of securing the provision of the service concerned; and \n\tb) which are accordingly made at such a rate below that mentioned in subsection (3A)(a) as reflects any such contribution by the payee. \n3C) Regulations made for the purposes of subsection (3)(a) may provide that direct payments shall not be made in respect of the provision of residential accommodation for any person for a period in excess of a prescribed period. \n3D) A person falls within this subsection if the person lacks capacity, within the meaning of the Mental Capacity Act 2005, to consent to the making of direct payments. \n4) Regulations under this section shall provide that, where payments are made under the regulations to a person falling within subsection (5)— \n\ta) the payments shall be made at the rate mentioned in subsection (3A)(a) ; and \n\tb) subsection (3A)(b) shall not apply. \n5) A person falls within this subsection if he is— \n\ta) a person falling within subsection (2)(a) or (b) and the child in question is aged 16 or 17, or \n\tb) a person who is in receipt of of universal credit (except in such circumstances as may be prescribed), income support  ...     under Part 7 of the Social Security Contributions and Benefits Act 1992 (c. 4) ,  of any element of child tax credit other than the family element, of working tax credit , of an income-based jobseeker's allowance or of an income-related employment and support allowance . \n6) In this section— \n\t- ...\n\t- “disabled” in relation to an adult has the same meaning as that given by section 17(11) in relation to a child;\n\t- “prescribed” means specified in or determined in accordance with regulations under this section  ...",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17A",
    "legislation_id": "ukpga/1989/41",
    "title": "Direct payments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.973762Z",
    "text": "SCHEDULE 9A Child Minding and Day Care for Young Children in Wales *Exemption of certain schools*\n\n\nSection 1) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exemption for other establishments*\n\n\nSection 2) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\nSection 2A) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exemption for occasional facilities*\n\n\nSection 3) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Disqualification for registration*\n\n\nSection 4) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\nSection 5) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Provision of day care: unincorporated associations*\n\n\nSection 5A) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Certificates of registration*\n\n\nSection 6) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *...  Fees*\n\n\nSection 7) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Co-operation between authorities*\n\n\nSection 8) ****\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/9A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/9A",
    "legislation_id": "ukpga/1989/41",
    "title": "Child Minding and Day Care for Young Children in Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.201645Z",
    "text": "Section 23C) **Continuing functions in respect of former relevant children.**\n\n1) Each local authority shall have the duties provided for in this section towards— \n\ta) a person who has been a relevant child for the purposes of section 23A (and would be one if he were under eighteen), and in relation to whom they were the last responsible authority; and \n\tb) a person who was being looked after by them when he attained the age of eighteen, and immediately before ceasing to be looked after was an eligible child, and in this section such a person is referred to as a “former relevant child”. \n2) It is the duty of the local authority to take reasonable steps— \n\ta) to keep in touch with a former relevant child whether he is within their area or not; and \n\tb) if they lose touch with him, to re-establish contact. \n3) It is the duty of the local authority— \n\ta) to continue the appointment of a personal adviser for a former relevant child; and \n\tb) to continue to keep his pathway plan under regular review. \n4) It is the duty of the local authority to give a former relevant child— \n\ta) assistance of the kind referred to in section 24B(1), to the extent that his welfare requires it; \n\tb) assistance of the kind referred to in section 24B(2), to the extent that his welfare and his educational or training needs require it; \n\tc) other assistance, to the extent that his welfare requires it. \n5) The assistance given under subsection (4)(c) may be in kind or, in exceptional circumstances, in cash. \n5A) It is the duty of the local authority to pay the relevant amount to a former relevant child who pursues higher education in accordance with a pathway plan prepared for that person. \n5B) The Secretary of State may by regulations— \n\ta) prescribe the relevant amount for the purposes of subsection (5A); \n\tb) prescribe the meaning of  “higher education” for those purposes; \n\tc) make provision as to the payment of the relevant amount; \n\td) make provision as to the circumstances in which the relevant amount (or any part of it) may be recovered by the local authority from a former relevant child to whom a payment has been made. \n5C) The duty set out in subsection (5A) is without prejudice to that set out in subsection (4)(b). \n6) Subject to subsection (7), the duties set out in subsections (2), (3) and (4) subsist until the former relevant child reaches the age of twenty-one. \n7) If the former relevant child’s pathway plan sets out a programme of education or training which extends beyond his twenty-first birthday— \n\ta) the duty set out in subsection (4)(b) continues to subsist for so long as the former relevant child continues to pursue that programme; and \n\tb) the duties set out in subsections (2) and (3) continue to subsist concurrently with that duty. \n8) For the purposes of subsection (7)(a) there shall be disregarded any interruption in a former relevant child’s pursuance of a programme of education or training if the local authority are satisfied that he will resume it as soon as is reasonably practicable. \n9) Section 24B(5) applies in relation to a person being given assistance under subsection (4)(b) or who is in receipt of a payment under subsection (5A) as it applies in relation to a person to whom section 24B(3) applies. \n10) Subsections (7) to (9) of section 17 apply in relation to assistance given under this section as they apply in relation to assistance given under that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23C",
    "legislation_id": "ukpga/1989/41",
    "title": "Continuing functions in respect of former relevant children.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.241612Z",
    "text": "Section 24C) **Information.**\n\n1) Where it appears to a local authority that a person— \n\ta) with whom they are under a duty to keep in touch under section 23B, 23C or 24; or \n\tb) whom they have been advising and befriending under section 24A; or \n\tc) to whom they have been giving assistance under section 24B, proposes to live, or is living, in the area of another local authority , or in the area of a local authority in Wales , they must inform that other authority. \n2) Where a child who is accommodated in England— \n\ta) by a voluntary organisation or in a private children’s home; \n\tb) by or on behalf of any Local Health Board or Special Health Authority; \n\tc) by or on behalf of an integrated care board or NHS England ; \n\td) by or on behalf of a local authority in the exercise of education functions; \n\te) by or on behalf of a local authority in Wales in the exercise of education functions; \n\tf) in any care home or independent hospital; or \n\tg) in any accommodation provided by or on behalf of a National Health Service trust or by or on behalf of an NHS Foundation Trust, ceases to be so accommodated after reaching the age of 16, the person by whom or on whose behalf the child was accommodated or who carries on or manages the home or hospital (as the case may be) must inform the local authority or local authority in Wales within whose area the child proposes to live. \n3) Subsection (2) only applies, by virtue of any of paragraphs (b) to (g) , if the accommodation has been provided for a consecutive period of at least three months. \n4) In a case where a child was accommodated by or on behalf of a local authority, or a local authority in Wales, in the exercise of education functions, subsection (2) applies only if the authority who accommodated the child is different from the authority within whose area the child proposes to live. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/24C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/24C",
    "legislation_id": "ukpga/1989/41",
    "title": "Information.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.579951Z",
    "text": "Section 79T) **Inspection: Wales.**\n\n1) The Assembly may at any time require any registered person to provide it with any information connected with the person’s activities as a child minder or provision of day care which the Assembly considers it necessary to have for the purposes of its functions under this Part. \n2) The Assembly may by regulations make provision— \n\ta) for the inspection of  . . .   child minding provided in Wales by registered persons and of day care provided by registered persons on premises in Wales; \n\tb) for the publication of reports of the inspections in such manner as the Assembly considers appropriate. \n3) The regulations may provide for the inspections to be organised by— \n\ta) the Assembly; or \n\tb) Her Majesty’s Chief Inspector of Education and Training in Wales, or any other person, under arrangements made with the Assembly. \n4) The regulations may provide for subsections (2) to (4) of section 29 of the Education Act 2005 to apply with modifications in relation to the publication of reports under the regulations. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79T",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79T",
    "legislation_id": "ukpga/1989/41",
    "title": "Inspection: Wales.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.944204Z",
    "text": "SCHEDULE 6 Private Children’s Homes Section 63(11). ## Part I\n## Registration\n\n*Application for registration*\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Conditions imposed on registration*\n\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Annual review of registration*\n\n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Cancellation of registration*\n\n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Procedure*\n\n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Right to make representations*\n\n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Decision of local authority*\n\n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Appeals*\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Prohibition on further applications*\n\n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part II\n## Regulations\n\n\n10) \n1) The Secretary of State may make regulations— \n\ta) as to the placing of children in private children’s homes; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) The regulations may in particular— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\th) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\ti) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tjj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tl) make provision similar to that made by regulations under section 26. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/6",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/6",
    "legislation_id": "ukpga/1989/41",
    "title": "Private Children’s Homes",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.404649Z",
    "text": "Section 44A) **Power to include exclusion requirement in emergency protection order.**\n\n1) Where— \n\ta) on being satisfied as mentioned in section 44(1)(a), (b) or (c), the court makes an emergency protection order with respect to a child, and \n\tb) the conditions mentioned in subsection (2) are satisfied, the court may include an exclusion requirement in the emergency protection order. \n2) The conditions are— \n\ta) that there is reasonable cause to believe that, if a person (“the relevant person”) is excluded from a dwelling-house in which the child lives, then— \n\t\ti) in the case of an order made on the ground mentioned in section 44(1)(a), the child will not be likely to suffer significant harm, even though the child is not removed as mentioned in section 44(1)(a)(i) or does not remain as mentioned in section 44(1)(a)(ii), or \n\t\tii) in the case of an order made on the ground mentioned in paragraph (b) or (c) of section 44(1), the enquiries referred to in that paragraph will cease to be frustrated, and \n\tb) that another person living in the dwelling-house (whether a parent of the child or some other person)— \n\t\ti) is able and willing to give to the child the care which it would be reasonable to expect a parent to give him, and \n\t\tii) consents to the inclusion of the exclusion requirement. \n3) For the purposes of this section an exclusion requirement is any one or more of the following— \n\ta) a provision requiring the relevant person to leave a dwelling-house in which he is living with the child, \n\tb) a provision prohibiting the relevant person from entering a dwelling-house in which the child lives, and \n\tc) a provision excluding the relevant person from a defined area in which a dwelling-house in which the child lives is situated. \n4) The court may provide that the exclusion requirement is to have effect for a shorter period than the other provisions of the order. \n5) Where the court makes an emergency protection order containing an exclusion requirement, the court may attach a power of arrest to the exclusion requirement. \n6) Where the court attaches a power of arrest to an exclusion requirement of an emergency protection order, it may provide that the power of arrest is to have effect for a shorter period than the exclusion requirement. \n7) Any period specified for the purposes of subsection (4) or (6) may be extended by the court (on one or more occasions) on an application to vary or discharge the emergency protection order. \n8) Where a power of arrest is attached to an exclusion requirement of an emergency protection order by virtue of subsection (5), a constable may arrest without warrant any person whom he has reasonable cause to believe to be in breach of the requirement. \n9) Sections 47(7), (11) and (12) and 48 of, and Schedule 5 to, the Family Law Act 1996 shall have effect in relation to a person arrested under subsection (8) of this section as they have effect in relation to a person arrested under section 47(6) of that Act. \n10) If, while an emergency protection order containing an exclusion requirement is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours, the order shall cease to have effect in so far as it imposes the exclusion requirement. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/44A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/44A",
    "legislation_id": "ukpga/1989/41",
    "title": "Power to include exclusion requirement in emergency protection order.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.539140Z",
    "text": "Section 70) **Offences.**\n\n1) A person shall be guilty of an offence if— \n\ta) being required, under any provision made by or under this Part, to give any notice or information— \n\t\ti) he fails without reasonable excuse to give the notice within the time specified in that provision; or \n\t\tii) he fails without reasonable excuse to give the information within a reasonable time; or \n\t\tiii) he makes, or causes or procures another person to make, any statement in the notice or information which he knows to be false or misleading in a material particular; \n\tb) he refuses to allow a privately fostered child to be visited by a duly authorised officer of a local authority; \n\tc) he intentionally obstructs another in the exercise of the power conferred by section 67(3); \n\td) he contravenes section 68; \n\te) he fails without reasonable excuse to comply with any requirement imposed by a local authority under this Part; \n\tf) he accommodates a privately fostered child in any premises in contravention of a prohibition imposed by a local authority under this Part; \n\tg) he knowingly causes to be published, or publishes, an advertisement which he knows contravenes paragraph 10 of Schedule 8. \n2) Where a person contravenes section 68(3), he shall not be guilty of an offence under this section if he proves that he did not know, and had no reasonable ground for believing, that any person to whom section 68(1) applied was living or employed in the premises in question. \n3) A person guilty of an offence under subsection (1)(a) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. \n4) A person guilty of an offence under subsection (1)(b), (c) or (g) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. \n5) A person guilty of an offence under subsection (1)(d) or (f) shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both. \n6) A person guilty of an offence under subsection (1)(e) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. \n7) If any person who is required, under any provision of this Part, to give a notice fails to give the notice within the time specified in that provision, proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority. \n8) Subsection (7) is not affected by anything in section 127(1) of the  Magistrates’ Courts Act 1980 (time limit for proceedings). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/70",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/70",
    "legislation_id": "ukpga/1989/41",
    "title": "Offences.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 70,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.561996Z",
    "text": "Section 79F) **Grant or refusal of registration.**\n\n1) If, on an application under section 79E by a person for registration for child minding— \n\ta) the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for child minding (so far as the conditions of section 79B(3) are applicable);  . . . \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Assembly shall grant the application; otherwise, it shall refuse it. \n2) If, on an application under section 79E by any person for registration for providing day care on any premises— \n\ta) the Assembly is of the opinion that the applicant is, and will continue to be, qualified for registration for providing day care on those premises (so far as the conditions of section 79B(4) are applicable);  . . . \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Assembly shall grant the application; otherwise, it shall refuse it. \n3) An application may, as well as being granted subject to any conditions the Assembly thinks necessary or expedient for the purpose of giving effect to regulations under section 79C, be granted subject to any other conditions the Assembly thinks fit to impose. \n4) The Assembly may as it thinks fit vary or remove any condition to which the registration is subject or impose a new condition. \n5) Any register kept by the Assembly of persons who act as child minders or provide day care shall be open to inspection by any person at all reasonable times. \n6) A registered person who without reasonable excuse contravenes, or otherwise fails to comply with, any condition imposed on his registration shall be guilty of an offence. \n7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79F",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79F",
    "legislation_id": "ukpga/1989/41",
    "title": "Grant or refusal of registration.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.570601Z",
    "text": "Section 79J) **Resignation of registration.**\n\n1) A person who is registered for acting as a child minder or providing day care may by notice in writing to the Assembly resign his registration. \n2) But a person may not give a notice under subsection (1)— \n\ta) if the Assembly has sent him a notice under section 79L(1) of its intention to cancel the registration, unless the Assembly has decided not to take that step; or \n\tb) if the Assembly has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79J",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79J",
    "legislation_id": "ukpga/1989/41",
    "title": "Resignation of registration.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.659333Z",
    "text": "Section 87C) **Boarding schools: national minimum standards.**\n\n1) The Secretary of State may prepare and publish statements of national minimum standards for safeguarding and promoting the welfare of children for whom accommodation is provided by a school or college. \n2) The Secretary of State shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so. \n3) Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate. \n4) The standards shall be taken into account— \n\ta) in the making by the appropriate authority of any determination under section 87(4) or (4A); \n\tb) in the making by a person appointed under section 87A(1) of any determination under section 87B(2); and \n\tc) in any proceedings under any other enactment in which it is alleged that the person has failed to comply with section 87(1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/87C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/87C",
    "legislation_id": "ukpga/1989/41",
    "title": "Boarding schools: national minimum standards.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.943135Z",
    "text": "SCHEDULE 5 Voluntary Homes and Voluntary Organisations Section 60(4). ## Part I\n## Registration of Voluntary Homes\n\n*General*\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Procedure*\n\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Right to make representations*\n\n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Decision of Secretary of State*\n\n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Appeals*\n\n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Notification of particulars with respect to voluntary homes*\n\n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part II\n## Regulations as to Voluntary Homes\n\n*Regulations as to conduct of voluntary homes*\n\n7) \n1) The appropriate national authority may make regulations— \n\ta) as to the placing of children in voluntary homes; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Disqualification*\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/5",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/5",
    "legislation_id": "ukpga/1989/41",
    "title": "Voluntary Homes and Voluntary Organisations",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.258226Z",
    "text": "Section 25B) **Functions of the independent reviewing officer**\n\n1) The independent reviewing officer must— \n\ta) monitor the performance by the local authority of their functions in relation to the child's case; \n\tb) participate, in accordance with regulations made by the Secretary of State , in any review of the child's case; \n\tc) ensure that any ascertained wishes and feelings of the child concerning the case are given due consideration by the local authority; \n\td) perform any other function which is prescribed in regulations made by the Secretary of State . \n2) An independent reviewing officer's functions must be performed— \n\ta) in such manner (if any) as may be prescribed in regulations made by the Secretary of State ; and \n\tb) having regard to such guidance as that authority may issue in relation to the discharge of those functions. \n3) If the independent reviewing officer considers it appropriate to do so, the child's case may be referred by that officer to— \n\ta) an officer of the Children and Family Court Advisory and Support Service;  ... \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) If the independent reviewing officer is not an officer of the local authority, it is the duty of the authority— \n\ta) to co-operate with that individual; and \n\tb) to take all such reasonable steps as that individual may require of them to enable that individual's functions under this section to be performed satisfactorily. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/25B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/25B",
    "legislation_id": "ukpga/1989/41",
    "title": "Functions of the independent reviewing officer",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.748936Z",
    "text": "SCHEDULE A1 Enforcement orders ## PART 1\n## Unpaid work requirement\n\n*The responsible officer etc*\n\n1) \n1) For the purposes of this Part of this Schedule— \n\t- “the responsible officer”, in relation to a relevant person, means the person who is for the time being responsible for discharging the functions conferred by this Part of this Schedule on the responsible officer in accordance with arrangements made by the Secretary of State;\n\t- “relevant person”, in relation to an enforcement order, means a person subject to the order.\n2) The responsible officer must be an officer of a provider of probation services. *Obligations of responsible officer*\n\n2) \n1) This paragraph applies where an enforcement order is in force. \n2) The responsible officer must— \n\ta) make any arrangements that are necessary in connection with the requirements imposed by the order, and \n\tb) promote the relevant person's compliance with those requirements. \n3) Sub-paragraph (4) applies where— \n\ta) an enforcement order is in force, and \n\tb) an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer (as defined in section 35 of the Children Act 2004) is required under section 11M to report on matters relating to the order. \n4) The officer of the Service or the Welsh family proceedings officer (“the family officer”) may request the responsible officer to report to the family officer on such matters relating to the order as the family officer may require for the purpose of making a report under section 11M(1)(c) or (d); and it shall be the duty of the responsible officer to comply with such a request. *Enforcement order to specify relevant person's home local justice area*\n\n3) \n1) An enforcement order must specify which local justice area is the relevant person's home local justice area. \n2) The area specified must be the local justice area in which the relevant person resides or will reside. *Requirement and obligation of relevant person*\n\n3A) \n1) In this Part of this Schedule  “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to— \n\ta) the work to be performed, and \n\tb) the times, during a period of 12 months, at which the person is to perform it. \n2) Sub-paragraph (1)(b) is subject to paragraphs 7 and 9. \n3) But the period of 12 months is not to run while the enforcement order is suspended under section 11J(9). *Number of hours of unpaid work to be specified in order*\n\n3B) \n1) The number of hours which a person may be required to work under an unpaid work requirement— \n\ta) must be specified in the relevant order, and \n\tb) must, in aggregate, be— \n\t\ti) not less than 40, and \n\t\tii) not more than 200. \n2) Sub-paragraph (3) applies where on the same occasion and in relation to the same person the court makes more than one enforcement order imposing an unpaid work requirement. \n3) The court may direct that the hours of work specified in any of those requirements is to be— \n\ta) concurrent with, or \n\tb) additional to, those specified in any other of those orders. But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)). \n4) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in sub-paragraph (1)(b). *Duty to keep in touch with responsible officer*\n\n3C) \n1) This paragraph applies where an enforcement order is in force. \n2) The relevant person— \n\ta) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the relevant person from time to time, and \n\tb) must notify the responsible officer of any change of address. \n3) An obligation imposed by sub-paragraph (2) is enforceable as if it were a requirement of the enforcement order. *Rules relating to enforcement orders*\n\n3D) The power of the Secretary of State to make rules under section 394 of the Sentencing Code in relation to persons subject to community orders or suspended sentence orders may also be exercised in relation to persons subject to enforcement orders. ## Part 2\n## Revocation, amendment or breach of enforcement order\n\n*Power to revoke*\n\n4) \n1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force. \n2) The court may revoke the enforcement order if it appears to the court that— \n\ta) in all the circumstances no enforcement order should have been made, \n\tb) having regard to circumstances which have arisen since the enforcement order was made, it would be appropriate for the enforcement order to be revoked, or \n\tc) having regard to the person's satisfactory compliance with the child arrangements order or any child arrangements order that has effect in its place, it would be appropriate for the enforcement order to be revoked. \n3) The enforcement order may be revoked by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order. \n4) In deciding whether to revoke the enforcement order under sub-paragraph (2)(b), the court is to take into account— \n\ta) the extent to which the person subject to the enforcement order has complied with it, and \n\tb) the likelihood that the person will comply with the child arrangements order or any contact order that has effect in its place in the absence of an enforcement order. \n5) In deciding whether to revoke the enforcement order under sub-paragraph (2)(c), the court is to take into account the likelihood that the person will comply with the child arrangements order or any child arrangements order that has effect in its place in the absence of an enforcement order. *Amendment by reason of change of residence*\n\n5) \n1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force. \n2) If the court is satisfied that the person has changed, or proposes to change, his residence from the local justice area specified in the order to another local justice area, the court may amend the order by substituting the other area for the area specified. \n3) The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order. *Amendment of hours specified under unpaid work requirement*\n\n6) \n1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force. \n2) If it appears to the court that, having regard to circumstances that have arisen since the enforcement order was made, it would be appropriate to do so, the court may reduce the number of hours specified in the order (but not below the minimum specified in paragraph 3B(1)(b)(i) ). \n3) In amending the enforcement order under sub-paragraph (2), the court must be satisfied that the effect on the person of the enforcement order as proposed to be amended is no more than is required to secure his compliance with the child arrangements order or any child arrangements order that has effect in its place. \n4) The enforcement order may be amended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order. *Amendment to extend unpaid work requirement*\n\n7) \n1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order and the enforcement order is in force. \n2) If it appears to the court that, having regard to circumstances that have arisen since the enforcement order was made, it would be appropriate to do so, the court may, in relation to the order, extend the period of twelve months specified in paragraph 3A(1)(b) . \n3) The period may be extended by the court under sub-paragraph (2) of its own motion or on an application by the person subject to the enforcement order. *Warning and report following breach*\n\n8) \n1) This paragraph applies where a court has made an enforcement order in respect of a person's failure to comply with a provision of a child arrangements order. \n2) If the responsible officer is of the opinion that the person has failed without reasonable excuse to comply with the unpaid work requirement imposed by the enforcement order, the officer must give the person a warning under this paragraph unless— \n\ta) the person has within the previous twelve months been given a warning under this paragraph in relation to a failure to comply with the unpaid work requirement, or \n\tb) the responsible officer reports the failure to the appropriate person. \n3) A warning under this paragraph must— \n\ta) describe the circumstances of the failure, \n\tb) state that the failure is unacceptable, and \n\tc) inform the person that, if within the next twelve months he again fails to comply with the unpaid work requirement, the warning and the subsequent failure will be reported to the appropriate person. \n4) The responsible officer must, as soon as practicable after the warning has been given, record that fact. \n5) If— \n\ta) the responsible officer has given a warning under this paragraph to a person subject to an enforcement order, and \n\tb) at any time within the twelve months beginning with the date on which the warning was given, the responsible officer is of the opinion that the person has since that date failed without reasonable excuse to comply with the unpaid work requirement imposed by the enforcement order, the officer must report the failure to the appropriate person. \n6) A report under sub-paragraph (5) must include a report of the warning given to the person subject to the enforcement order. \n7) The appropriate person, in relation to an enforcement order, is the officer of the Service or the Welsh family proceedings officer who is required under section 11M to report on matters relating to the enforcement order. \n8) “Responsible officer”, in relation to a person subject to an enforcement order, has the meaning given by paragraph 1 . *Breach of an enforcement order*\n\n9) \n1) This paragraph applies where a court has made an enforcement order (“the first order”) in respect of a person's failure to comply with a provision of a child arrangements order. \n2) If the court is satisfied beyond reasonable doubt that the person has failed to comply with the unpaid work requirement imposed by the first order, the court may— \n\ta) amend the first order so as to make the requirement more onerous, or \n\tb) make an enforcement order (“the second order”) in relation to the person and (if the first order is still in force) provide for the second order to have effect either in addition to or in substitution for the first order. \n3) But the court may not exercise its powers under sub-paragraph (2) if it is satisfied that the person had a reasonable excuse for failing to comply with the unpaid work requirement imposed by the first order. \n4) The burden of proof as to the matter mentioned in sub-paragraph (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities. \n5) The court may exercise its powers under sub-paragraph (2) in relation to the first order only on the application of a person who would be able to apply under section 11J for an enforcement order if the failure to comply with the first order were a failure to comply with a provision of the child arrangements order to which the first order relates. \n6) Where the person proposing to apply to the court is the child with respect to whom the child arrangements order was made, subsections (6) and (7) of section 11J have effect in relation to the application as they have effect in relation to an application for an enforcement order. \n7) An application to the court to exercise its powers under sub-paragraph (2) may only be made while the first order is in force. \n8) The court may not exercise its powers under sub-paragraph (2) in respect of a failure by the person to comply with the unpaid work requirement imposed by the first order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of, a notice under section 11N relating to the first order. \n9) In dealing with the person under sub-paragraph (2)(a), the court may— \n\ta) increase the number of hours specified in the first order (but not above the maximum specified in paragraph 3B(1)(b)(ii) ); \n\tb) in relation to the order, extend the period of twelve months specified in paragraph 3A(1)(b) . \n10) In exercising its powers under sub-paragraph (2), the court must be satisfied that, taking into account the extent to which the person has complied with the unpaid work requirement imposed by the first order, the effect on the person of the proposed exercise of those powers— \n\ta) is no more than is required to secure his compliance with the child arrangements order or any child arrangements order that has effect in its place, and \n\tb) is no more than is proportionate to the seriousness of his failures to comply with the provisions of the child arrangements order and with the first order. \n11) Where the court exercises its powers under sub-paragraph (2) by making an enforcement order in relation to a person who has failed to comply with another enforcement order— \n\ta) sections 11K(4), 11L(2) to (7), 11M and 11N have effect as regards the making of the order in relation to the person as they have effect as regards the making of an enforcement order in relation to a person who has failed to comply with a provision of a child arrangements order; \n\tb) this Part of this Schedule has effect in relation to the order so made as if it were an enforcement order made in respect of the failure for which the other order was made. \n12) Sub-paragraph (2) is without prejudice to section 63(3) of the Magistrates' Courts Act 1980 as it applies in relation to enforcement orders. *Provision relating to amendment of enforcement orders*\n\n10) Sections 11L(2) to (7) and 11M have effect in relation to the making of an order under paragraph 6(2), 7(2) or 9(2)(a) amending an enforcement order as they have effect in relation to the making of an enforcement order; and references in sections 11L(2) to (7) and 11M to an enforcement order are to be read accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/A1",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/A1",
    "legislation_id": "ukpga/1989/41",
    "title": "Enforcement orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.121512Z",
    "text": "Section 17ZI) **Section 17 services: provision after EHC plan no longer maintained**\n\n1) This section applies where a local authority  ... providing services for a person in the exercise, by virtue of section 17ZG, of functions conferred by section 17 are required to carry out a needs assessment in that person's case. \n2) If the EHC plan for the person ceases to be maintained before the local authority reach a conclusion in the person's case, they must continue to comply with section 17 until they do reach a conclusion in his case. \n3) The references to the local authority reaching a conclusion in a person's case are to be read with section 17ZH(7). \n4) In this section,  “needs assessment” has the same meaning as in Part 1 of the Care Act 2014. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZI",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZI",
    "legislation_id": "ukpga/1989/41",
    "title": "Section 17 services: provision after EHC plan no longer maintained",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.337299Z",
    "text": "Section 37) **Powers of court in certain family proceedings.**\n\n1) Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court that it may be appropriate for a care or supervision order to be made with respect to him, the court may direct the appropriate authority to undertake an investigation of the child’s circumstances. \n2) Where the court gives a direction under this section the local authority concerned shall, when undertaking the investigation, consider whether they should— \n\ta) apply for a care order or for a supervision order with respect to the child; \n\tb) provide services or assistance for the child or his family; or \n\tc) take any other action with respect to the child. \n3) Where a local authority undertake an investigation under this section, and decide not to apply for a care order or supervision order with respect to the child concerned, they shall inform the court of— \n\ta) their reasons for so deciding; \n\tb) any service or assistance which they have provided, or intend to provide, for the child and his family; and \n\tc) any other action which they have taken, or propose to take, with respect to the child. \n4) The information shall be given to the court before the end of the period of eight weeks beginning with the date of the direction, unless the court otherwise directs. \n5) The local authority named in a direction under subsection (1) must be— \n\ta) the authority in whose area the child is ordinarily resident; or \n\tb) where the child is not ordinarily resident in the area of a local authority, the authority within whose area any circumstances arose in consequence of which the direction is being given. \n6) If, on the conclusion of any investigation or review under this section, the authority decide not to apply for a care order or supervision order with respect to the child— \n\ta) they shall consider whether it would be appropriate to review the case at a later date; and \n\tb) if they decide that it would be, they shall determine the date on which that review is to begin. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/37",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/37",
    "legislation_id": "ukpga/1989/41",
    "title": "Powers of court in certain family proceedings.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 37,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.951511Z",
    "text": "Section 10) **Power of court to make section 8 orders.**\n\n1) In any family proceedings in which a question arises with respect to the welfare of any child, the court may make a section 8 order with respect to the child if— \n\ta) an application for the order has been made by a person who— \n\t\ti) is entitled to apply for a section 8 order with respect to the child; or \n\t\tii) has obtained the leave of the court to make the application; or \n\tb) the court considers that the order should be made even though no such application has been made. \n2) The court may also make a section 8 order with respect to any child on the application of a person who— \n\ta) is entitled to apply for a section 8 order with respect to the child; or \n\tb) has obtained the leave of the court to make the application. \n3) This section is subject to the restrictions imposed by section 9. \n4) The following persons are entitled to apply to the court for any section 8 order with respect to a child— \n\ta) any parent , guardian or special guardian of the child; \n\taa) any person who by virtue of section 4A has parental responsibility for the child; \n\tb) any person who is named, in a child arrangements order that is in force with respect to the child, as a person with whom the child is to live. \n5) The following persons are entitled to apply for a child arrangements order with respect to a child— \n\ta) any party to a marriage (whether or not subsisting) in relation to whom the child is a child of the family; \n\taa) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child is a child of the family; \n\tb) any person with whom the child has lived for a period of at least three years; \n\tc) any person who— \n\t\ti) in any case where a child arrangements order in force with respect to the child regulates arrangements relating to with whom the child is to live or when the child is to live with any person, has the consent of each of the persons named in the order as a person with whom the child is to live; \n\t\tii) in any case where the child is in the care of a local authority, has the consent of that authority; or \n\t\tiii) in any other case, has the consent of each of those (if any) who have parental responsibility for the child. \n\td) any person who has parental responsibility for the child by virtue of provision made under section 12(2A). \n5A) A local authority foster parent is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to a child if the child has lived with him for a period of at least one year immediately preceding the application. \n5B) A relative of a child is entitled to apply for a child arrangements order to which subsection (5C) applies with respect to the child if the child has lived with the relative for a period of at least one year immediately preceding the application. \n5C) This subsection applies to a child arrangements order if the arrangements regulated by the order relate only to either or both of the following— \n\ta) with whom the child concerned is to live, and \n\tb) when the child is to live with any person. \n6) A person who would not otherwise be entitled (under the previous provisions of this section) to apply for the variation or discharge of a section 8 order shall be entitled to do so if— \n\ta) the order was made on his application; or \n\tb) in the case of a child arrangements order, he is named in provisions of the order regulating arrangements relating to— \n\t\ti) with whom the child concerned is to spend time or otherwise have contact, or \n\t\tii) when the child is to spend time or otherwise have contact with any person. \n7) Any person who falls within a category of person prescribed by rules of court is entitled to apply for any such section 8 order as may be prescribed in relation to that category of person. \n7A) If a special guardianship order is in force with respect to a child, an application for a child arrangements order to which subsection (7B) applies may only be made with respect to him, if apart from this subsection the leave of the court is not required, with such leave. \n7B) This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— \n\ta) with whom the child concerned is to live, and \n\tb) when the child is to live with any person. \n8) Where the person applying for leave to make an application for a section 8 order is the child concerned, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application for the section 8 order. \n9) Where the person applying for leave to make an application for a section 8 order is not the child concerned, the court shall, in deciding whether or not to grant leave, have particular regard to— \n\ta) the nature of the proposed application for the section 8 order; \n\tb) the applicant’s connection with the child; \n\tc) any risk there might be of that proposed application disrupting the child’s life to such an extent that he would be harmed by it; and \n\td) where the child is being looked after by a local authority— \n\t\ti) the authority’s plans for the child’s future; and \n\t\tii) the wishes and feelings of the child’s parents. \n10) The period of three years mentioned in subsection (5)(b) need not be continuous but must not have begun more than five years before, or ended more than three months before, the making of the application. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/10",
    "legislation_id": "ukpga/1989/41",
    "title": "Power of court to make section 8 orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.930154Z",
    "text": "SCHEDULE 4 Management and Conduct of Community Homes Section 53(6). ## Part I\n## Instruments of Management\n\n*Instruments of management for controlled and assisted community homes*\n\n1) \n1) The Secretary of State may by order make an instrument of management providing for the constitution of a body of managers for any  . . . home which is designated as a controlled or assisted community home. \n2) Sub-paragraph (3) applies where two or more  . . . homes are designated as controlled community homes or as assisted community homes. \n3) If— \n\ta) those homes are, or are to be, provided by the same voluntary organisation; and \n\tb) the same local authority is to be represented on the body of managers for those homes, a single instrument of management may be made by the Secretary of State under this paragraph constituting one body of managers for those homes or for any two or more of them. \n4) The number of persons who, in accordance with an instrument of management, constitute the body of managers for a  . . . home shall be such number (which must be a multiple of three) as may be specified in the instrument. \n5) The instrument shall provide that the local authority specified in the instrument shall appoint— \n\ta) in the case of a  . . . home which is designated as a controlled community home, two-thirds of the managers; and \n\tb) in the case of a  . . . home which is designated as an assisted community home, one-third of them. \n6) An instrument of management shall provide that the foundation managers shall be appointed, in such manner and by such persons as may be specified in the instrument— \n\ta) so as to represent the interests of the voluntary organisation by which the home is, or is to be, provided; and \n\tb) for the purpose of securing that— \n\t\ti) so far as is practicable, the character of the home  . . . will be preserved; and \n\t\tii) subject to paragraph 2(3), the terms of any trust deed relating to the home are observed. \n7) An instrument of management shall come into force on such date as it may specify. \n8) If an instrument of management is in force in relation to a  . . . home the home shall be (and be known as) a controlled community home or an assisted community home, according to its designation. \n9) In this paragraph— \n\t- “foundation managers”, in relation to a  . . . home, means those of the managers of the home who are not appointed by a local authority in accordance with sub-paragraph (5); and\n\t- “designated” means designated in accordance with section 53.\n2) \n1) An instrument of management shall contain such provisions as the Secretary of State considers appropriate. \n2) Nothing in the instrument of management shall affect the purposes for which the premises comprising the home are held. \n3) Without prejudice to the generality of sub-paragraph (1), an instrument of management may contain provisions— \n\ta) specifying the nature and purpose of the home (or each of the homes) to which it relates; \n\tb) requiring a specified number or proportion of the places in that home (or those homes) to be made available to local authorities and to any other body specified in the instrument; and \n\tc) relating to the management of that home (or those homes) and the charging of fees with respect to— \n\t\ti) children placed there; or \n\t\tii) places made available to any local authority or other body. \n4) Subject to sub-paragraphs (1) and (2), in the event of any inconsistency between the provisions of any trust deed and an instrument of management, the instrument of management shall prevail over the provisions of the trust deed in so far as they relate to the home concerned. \n5) After consultation with the voluntary organisation concerned and with the local authority specified in its instrument of management, the Secretary of State may by order vary or revoke any provisions of the instrument. ## Part II\n## Management of Controlled and Assisted Community Homes\n\n\n3) \n1) The management, equipment and maintenance of a controlled community home shall be the responsibility of the local authority specified in its instrument of management. \n2) The management, equipment and maintenance of an assisted community home shall be the responsibility of the voluntary organisation by which the home is provided. \n3) In this paragraph— \n\t- “home” means a controlled community home or (as the case may be) assisted community home; and\n\t- “the managers”, in relation to a home, means the managers constituted by its instrument of management; and\n\t- “the responsible body”, in relation to a home, means the local authority or (as the case may be) voluntary organisation responsible for its management, equipment and maintenance.\n4) The functions of a home’s responsible body shall be exercised through the managers , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person. . \n5) Anything done, liability incurred or property acquired by a home’s managers shall be done, incurred or acquired by them as agents of the responsible body ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed . \n6) In so far as any matter is reserved for the decision of a home’s responsible body by— \n\ta) sub-paragraph (8); \n\tb) the instrument of management; \n\tc) the service by the body on the managers, or any of them, of a notice reserving any matter, that matter shall be dealt with by the body and not by the managers. \n7) In dealing with any matter so reserved, the responsible body shall have regard to any representations made to the body by the managers. \n8) The employment of persons at a home shall be a matter reserved for the decision of the responsible body. \n9) Where the instrument of management of a controlled community home so provides, the responsible body may enter into arrangements with the voluntary organisation by which that home is provided whereby, in accordance with such terms as may be agreed between them and the voluntary organisation, persons who are not in the employment of the responsible body shall undertake duties at that home. \n10) Subject to sub-paragraph (11)— \n\ta) where the responsible body for an assisted community home proposes to engage any person to work at that home or to terminate without notice the employment of any person at that home, it shall consult the local authority specified in the instrument of management and, if that authority so direct, the responsible body shall not carry out its proposal without their consent; and \n\tb) that local authority may, after consultation with the responsible body, require that body to terminate the employment of any person at that home. \n11) Paragraphs (a) and (b) of sub-paragraph (10) shall not apply— \n\ta) in such cases or circumstances as may be specified by notice in writing given by the local authority to the responsible body; and \n\tb) in relation to the employment of any persons or class of persons specified in the home’s instrument of management. \n12) The accounting year of the managers of a home shall be such as may be specified by the responsible body. \n13) Before such date in each accounting year as may be so specified, the managers of a home shall submit to the responsible body estimates, in such form as the body may require, of expenditure and receipts in respect of the next accounting year. \n14) Any expenses incurred by the managers of a home with the approval of the responsible body shall be defrayed by that body. \n15) The managers of a home shall keep— \n\ta) proper accounts with respect to the home; and \n\tb) proper records in relation to the accounts. \n16) Where an instrument of management relates to more than one home, one set of accounts and records may be kept in respect of all the homes to which it relates. ## Part III\n## Regulations\n\n\n4) \n1) The Secretary of State may make regulations— \n\ta) as to the placing of children in community homes; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/4",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/4",
    "legislation_id": "ukpga/1989/41",
    "title": "Management and Conduct of Community Homes",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.619375Z",
    "text": "Section 84) **Local authority failure to comply with statutory duty: default power of Secretary of State.**\n\n1) If the Secretary of State is satisfied that any local authority has failed, without reasonable excuse, to comply with any of the duties imposed on them by or under this Act he may make an order declaring that authority to be in default with respect to that duty. \n2) An order under subsection (1) shall give the Secretary of State’s reasons for making it. \n3) An order under subsection (1) may contain such directions for the purpose of ensuring that the duty is complied with, within such period as may be specified in the order, as appear to the Secretary of State to be necessary. \n4) Any such direction shall, on the application of the Secretary of State, be enforceable by mandamus. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/84",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/84",
    "legislation_id": "ukpga/1989/41",
    "title": "Local authority failure to comply with statutory duty: default power of Secretary of State.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 84,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.680546Z",
    "text": "Section 95) **Attendance of child at hearing under Part IV or V.**\n\n1) In any proceedings in which a court is hearing an application for an order under Part IV or V, or is considering whether to make any such order, the court may order the child concerned to attend such stage or stages of the proceedings as may be specified in the order. \n2) The power conferred by subsection (1) shall be exercised in accordance with rules of court. \n3) Subsections (4) to (6) apply where— \n\ta) an order under subsection (1) has not been complied with; or \n\tb) the court has reasonable cause to believe that it will not be complied with. \n4) The court may make an order authorising a constable, or such person as may be specified in the order— \n\ta) to take charge of the child and to bring him to the court; and \n\tb) to enter and search any premises specified in the order if he has reasonable cause to believe that the child may be found on the premises. \n5) The court may order any person who is in a position to do so to bring the child to the court. \n6) Where the court has reason to believe that a person has information about the whereabouts of the child it may order him to disclose it to the court. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/95",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/95",
    "legislation_id": "ukpga/1989/41",
    "title": "Attendance of child at hearing under Part IV or V.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 95,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.705406Z",
    "text": "Section 103) **Offences by bodies corporate.**\n\n1) This section applies where any offence under this Act is committed by a body corporate. \n2) 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 any director, manager, secretary or other similar officer of the body corporate, or 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 liable to be proceeded against and punished accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/103",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/103",
    "legislation_id": "ukpga/1989/41",
    "title": "Offences by bodies corporate.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 103,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.731662Z",
    "text": "Section 106) **Financial provisions.**\n\n1) Any— \n\ta) grants made by the Secretary of State under this Act; and \n\tb) any other expenses incurred by the Secretary of State under this Act, shall be payable out of money provided by Parliament. \n2) Any sums received by the Secretary of State under section 58, or by way of the repayment of any grant made under section 82(2) or (4) shall be paid into the Consolidated Fund. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/106",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/106",
    "legislation_id": "ukpga/1989/41",
    "title": "Financial provisions.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 106,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.073310Z",
    "text": "Section 16) **Family assistance orders.**\n\n1) Where, in any family proceedings, the court has power to make an order under this Part with respect to any child, it may (whether or not it makes such an order) make an order requiring— \n\ta) an officer of the Service or a Welsh family proceedings officer to be made available; or \n\tb) a local authority to make an officer of the authority available, to advise, assist and (where appropriate) befriend any person named in the order. \n2) The persons who may be named in an order under this section (“a family assistance order”) are— \n\ta) any parent , guardian or special guardian of the child; \n\tb) any person with whom the child is living or who is named in a child arrangements order as a person with whom the child is to live, spend time or otherwise have contact\n                  ; \n\tc) the child himself. \n3) No court may make a family assistance order unless— \n\ta)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) it has obtained the consent of every person to be named in the order other than the child. \n4) A family assistance order may direct— \n\ta) the person named in the order; or \n\tb) such of the persons named in the order as may be specified in the order, to take such steps as may be so specified with a view to enabling the officer concerned to be kept informed of the address of any person named in the order and to be allowed to visit any such person. \n4A) If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a contact provision contained in a child arrangements order made with respect to the child, the family assistance order may direct the officer concerned to give advice and assistance as regards establishing, improving and maintaining contact to such of the persons named in the order as may be specified in the order. \n4B) In subsection (4A)  “contact provision” means provision which regulates arrangements relating to— \n\ta) with whom a child is to spend time or otherwise have contact, or \n\tb) when a child is to spend time or otherwise have contact with any person. \n5) Unless it specifies a shorter period, a family assistance order shall have effect for a period of twelve months beginning with the day on which it is made. \n6) If the court makes a family assistance order with respect to a child and the order is to be in force at the same time as a section 8 order made with respect to the child, the family assistance order may direct the officer concerned to report to the court on such matters relating to the section 8 order as the court may require (including the question whether the section 8 order ought to be varied or discharged). \n7) A family assistance order shall not be made so as to require a local authority to make an officer of theirs available unless— \n\ta) the authority agree; or \n\tb) the child concerned lives or will live within their area. \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/16",
    "legislation_id": "ukpga/1989/41",
    "title": "Family assistance orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.732358Z",
    "text": "Section 107) **Application to Channel Islands.**\nHer Majesty may by Order in Council direct that any of the provisions of this Act shall extend to any of the Channel Islands with such exceptions and modifications as may be specified in the Order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/107",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/107",
    "legislation_id": "ukpga/1989/41",
    "title": "Application to Channel Islands.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 107,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.986130Z",
    "text": "Section 11E) **...Activity directions and conditions: making**\n\n1) Before making an activity direction (or imposing an activity condition by means of a child arrangements order ), the court must satisfy itself as to the matters falling within subsections (2) to (4). \n2) The first matter is that the activity proposed to be specified is appropriate in the circumstances of the case. \n3) The second matter is that the person proposed to be specified as the provider of the activity is suitable to provide the activity. \n4) The third matter is that the activity proposed to be specified is provided in a place to which the individual who would be subject to the direction (or the condition) can reasonably be expected to travel. \n5) Before making such a direction (or such an order), the court must obtain and consider information about the individual who would be subject to the direction (or the condition) and the likely effect of the direction (or the condition) on him. \n6) Information about the likely effect of the direction (or the condition) may, in particular, include information as to— \n\ta) any conflict with the individual's religious beliefs; \n\tb) any interference with the times (if any) at which he normally works or attends an educational establishment. \n7) The court may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) to (5); and it shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any such request. \n8) In this section  “specified” means specified in an activity direction (or in an activity condition). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11E",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11E",
    "legislation_id": "ukpga/1989/41",
    "title": "...Activity directions and conditions: making",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.535285Z",
    "text": "Section 69) **Power to prohibit private fostering.**\n\n1) This section applies where a person— \n\ta) proposes to foster a child privately; or \n\tb) is fostering a child privately. \n2) Where the local authority for the area within which the child is proposed to be, or is being, fostered are of the opinion that— \n\ta) he is not a suitable person to foster a child; \n\tb) the premises in which the child will be, or is being, accommodated are not suitable; or \n\tc) it would be prejudicial to the welfare of the child for him to be, or continue to be accommodated by that person in those premises, the authority may impose a prohibition on him under subsection (3). \n3) A prohibition imposed on any person under this subsection may prohibit him from fostering privately— \n\ta) any child in any premises within the area of the local authority; or \n\tb) any child in premises specified in the prohibition. \n\tc) a child identified in the prohibition, in premises specified in the prohibition. \n4) A local authority who have imposed a prohibition on any person under subsection (3) may, if they think fit, cancel the prohibition— \n\ta) of their own motion; or \n\tb) on an application made by that person, if they are satisfied that the prohibition is no longer justified. \n5) Where a local authority impose a requirement on any person under paragraph 6 of Schedule 8, they may also impose a prohibition on him under subsection (3). \n6) Any prohibition imposed by virtue of subsection (5) shall not have effect unless— \n\ta) the time specified for compliance with the requirement has expired; and \n\tb) the requirement has not been compiled with. \n7) A prohibition imposed under this section shall be imposed by notice in writing addressed to the person on whom it is imposed and informing him of— \n\ta) the reason for imposing the prohibition; \n\tb) his right under paragraph 8 of Schedule 8 to appeal against the prohibition; and \n\tc) the time within which he may do so. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/69",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/69",
    "legislation_id": "ukpga/1989/41",
    "title": "Power to prohibit private fostering.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 69,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.706739Z",
    "text": "Section 104) **Regulations and orders.**\n\n1) Any power of the Lord Chancellor , the Treasury , the Secretary of State or the National Assembly for Wales under this Act to make an order, regulations, or rules, except an order under section 54(2) , 56(4)(a), 57(3), 84 or 97(4) or paragraph 1(1) of Schedule 4, shall be exercisable by statutory instrument. \n2) Any such statutory instrument, except one made under section 4(1B), 4ZA(3), 17(4), 107 or 108(2) or one containing regulations which fall within subsection (3AA), (3AB), (3B) , (3BA) or (3C) , shall be subject to annulment in pursuance of a resolution of either House of Parliament. \n2A) Subsection (2) does not apply to a statutory instrument made solely by the National Assembly for Wales. \n3) An order under section 4(1B) , 4ZA(3)  . . .   shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament. \n3A) An order under section 4(1B) , 4ZA(3) or 17(4) or regulations which fall within subsection (3AA), (3AB), (3B) , (3BA) , (3BB) or (3C) shall not be made by the Secretary of State unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament. \n3AA) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZB(9). \n3AB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 17ZE(5). \n3B) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by section 23C(5B)(b). \n3BA) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by section 31(3C) or 32(9). \n3BB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1. \n3C) Regulations fall within this subsection if they are the first regulations to be made by the Secretary of State in the exercise of the power conferred by paragraph 6(2) of Schedule 2. \n4) Any statutory instrument made under this Act may— \n\ta) make different provision for different cases; \n\tb) provide for exemptions from any of its provisions; and \n\tc) contain  . . .  incidental, supplemental and transitional provisions  . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/104",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/104",
    "legislation_id": "ukpga/1989/41",
    "title": "Regulations and orders.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 104,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.961761Z",
    "text": "Section 11) **General principles and supplementary provisions.**\n\n1) In proceedings in which any question of making a section 8 order, or any other question with respect to such an order, arises, the court shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) — \n\ta) draw up a timetable with a view to determining the question without delay; and \n\tb) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to. \n2) Rules of court may— \n\ta) specify periods within which specified steps must be taken in relation to proceedings in which such questions arise; and \n\tb) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that such questions are determined without delay. \n3) Where a court has power to make a section 8 order, it may do so at any time during the course of the proceedings in question even though it is not in a position to dispose finally of those proceedings. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) Where— \n\ta) a child arrangements order has been made with respect to a child; and \n\tb) the child has two parents who each have parental responsibility for him, the order, so far as it has the result that there are times when the child lives or is to live with one of the parents, shall cease to have effect if the parents live together for a continuous period of more than six months. \n6) A child arrangements order made with respect to a child, so far as it provides for the child to spend time or otherwise have contact with one of the child's parents at times when the child is living with the child's other parent, shall cease to have effect if the parents live together for a continuous period of more than six months. \n7) A section 8 order may— \n\ta) contain directions about how it is to be carried into effect; \n\tb) impose conditions which must be complied with by any person— \n\t\ti) who is named in the order as a person with whom the child concerned is to live, spend time or otherwise have contact; \n\t\tii) who is a parent of the child  ...; \n\t\tiii) who is not a parent of his but who has parental responsibility for him; or \n\t\tiv) with whom the child is living, and to whom the conditions are expressed to apply; \n\tc) be made to have effect for a specified period, or contain provisions which are to have effect for a specified period; \n\td) make such incidental, supplemental or consequential provision as the court thinks fit. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11",
    "legislation_id": "ukpga/1989/41",
    "title": "General principles and supplementary provisions.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.980692Z",
    "text": "Section 11C) **... Activity conditions**\n\n1) This section applies if in any family proceedings the court makes— \n\ta) a child arrangements order containing— \n\t\ti) provision for a child to live with different persons at different times, \n\t\tii) provision regulating arrangements relating to with whom a child is to spend time or otherwise have contact, or \n\t\tiii) provision regulating arrangements relating to when a child is to spend time or otherwise have contact with any person; or \n\tb) an order varying a child arrangements order so as to add, vary or omit provision of a kind mentioned in paragraph (a)(i), (ii) or (iii). \n2) The child arrangements order may impose, or the child arrangements order may be varied so as to impose, a condition (an  “activity condition”) requiring an individual falling within subsection (3) to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of— \n\ta) that individual, or \n\tb) another individual who is a party to the proceedings. \n3) An individual falls within this subsection if he is— \n\ta) for the purposes of the child arrangements order so made or varied, a person with whom the child concerned lives or is to live; \n\tb) a person whose contact with the child concerned is provided for in that order; or \n\tc) a person upon whom that order imposes a condition under section 11(7)(b). \n4) The condition is to specify the activity and the person providing the activity. \n5) Subsections (5) and (6) of section 11A have effect as regards the activities that may be required by an activity condition as they have effect as regards the activities that may be required by an activity direction. \n6) Subsection (2) has effect subject to the restrictions in sections 11D and 11E. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11C",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11C",
    "legislation_id": "ukpga/1989/41",
    "title": "... Activity conditions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.330579Z",
    "text": "Section 35) **Supervision orders.**\n\n1) While a supervision order is in force it shall be the duty of the supervisor— \n\ta) to advise, assist and befriend the supervised child; \n\tb) to take such steps as are reasonably necessary to give effect to the order; and \n\tc) where— \n\t\ti) the order is not wholly complied with; or \n\t\tii) the supervisor considers that the order may no longer be necessary, to consider whether or not to apply to the court for its variation or discharge. \n2) Parts I and II of Schedule 3 make further provision with respect to supervision orders. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/35",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/35",
    "legislation_id": "ukpga/1989/41",
    "title": "Supervision orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 35,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.097393Z",
    "text": "Section 17ZB) **Young carers' needs assessments: supplementary**\n\n1) This section applies for the purposes of section 17ZA. \n2) “Parent”, in relation to a young carer, includes— \n\ta) a parent of the young carer who does not have parental responsibility for the young carer, and \n\tb) a person who is not a parent of the young carer but who has parental responsibility for the young carer. \n3) A person is not a young carer if the person provides or intends to provide care— \n\ta) under or by virtue of a contract, or \n\tb) as voluntary work. \n4) But in a case where the local authority consider that the relationship between the person cared for and the person under 18 providing or intending to provide care is such that it would be appropriate for the person under 18 to be regarded as a young carer, that person is to be regarded as such (and subsection (3) is therefore to be ignored in that case). \n5) The references in section 17ZA and this section to providing care include a reference to providing practical or emotional support. \n6) Where a local authority— \n\ta) are required to carry out a young carer's needs assessment, and \n\tb) are required or have decided to carry out some other assessment of the young carer or of the person cared for; the local authority may, subject to subsection (7), combine the assessments. \n7) A young carer's needs assessment may be combined with an assessment of the person cared for only if the young carer and the person cared for agree. \n8) The Secretary of State may by regulations make further provision about carrying out a young carer's needs assessment; the regulations may, in particular— \n\ta) specify matters to which a local authority is to have regard in carrying out a young carer's needs assessment; \n\tb) specify matters which a local authority is to determine in carrying out a young carer's needs assessment; \n\tc) make provision about the manner in which a young carer's needs assessment is to be carried out; \n\td) make provision about the form a young carer's needs assessment is to take. \n9) The Secretary of State may by regulations amend the list in section 17ZA(6)(b) so as to— \n\ta) add an entry, \n\tb) remove an entry, or \n\tc) vary an entry. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZB",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZB",
    "legislation_id": "ukpga/1989/41",
    "title": "Young carers' needs assessments: supplementary",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.579012Z",
    "text": "Section 79Q) **Inspection of provision of child minding and day care in England.**\n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79Q",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79Q",
    "legislation_id": "ukpga/1989/41",
    "title": "Inspection of provision of child minding and day care in England.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.079413Z",
    "text": "Section 16A) **Risk assessments**\n\n1) This section applies to the following functions of officers of the Service or Welsh family proceedings officers— \n\ta) any function in connection with family proceedings in which the court has power to make an order under this Part with respect to a child or in which a question with respect to such an order arises; \n\tb) any function in connection with an order made by the court in such proceedings. \n2) If, in carrying out any function to which this section applies, an officer of the Service or a Welsh family proceedings officer is given cause to suspect that the child concerned is at risk of harm, he must— \n\ta) make a risk assessment in relation to the child, and \n\tb) provide the risk assessment to the court. \n3) A risk assessment, in relation to a child who is at risk of suffering harm of a particular sort, is an assessment of the risk of that harm being suffered by the child. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/16A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/16A",
    "legislation_id": "ukpga/1989/41",
    "title": "Risk assessments",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.006656Z",
    "text": "Section 11I) **Child arrangements\n                   orders: warning notices**\nWhere the court makes (or varies) a child arrangements order, it is to attach to the child arrangements order (or the order varying the contact order) a notice warning of the consequences of failing to comply with the child arrangements order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11I",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11I",
    "legislation_id": "ukpga/1989/41",
    "title": "Child arrangements orders: warning notices",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.926253Z",
    "text": "Section 4A) **Acquisition of parental responsibility by step-parent**\n\n1) Where a child’s parent (“parent A”) who has parental responsibility for the child is married to , or a civil partner of, a person who is not the child’s parent (“the step-parent”)— \n\ta) parent A or, if the other parent of the child also has parental responsibility for the child, both parents may by agreement with the step-parent provide for the step-parent to have parental responsibility for the child; or \n\tb) the court may, on the application of the step-parent, order that the step-parent shall have parental responsibility for the child. \n2) An agreement under subsection (1)(a) is also a “parental responsibility agreement”, and section 4(2) applies in relation to such agreements as it applies in relation to parental responsibility agreements under section 4. \n3) A parental responsibility agreement under subsection (1)(a), or an order under subsection (1)(b), may only be brought to an end by an order of the court made on the application— \n\ta) of any person who has parental responsibility for the child; or \n\tb) with the leave of the court, of the child himself. \n4) The court may only grant leave under subsection (3)(b) if it is satisfied that the child has sufficient understanding to make the proposed application. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/4A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/4A",
    "legislation_id": "ukpga/1989/41",
    "title": "Acquisition of parental responsibility by step-parent",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.966964Z",
    "text": "Section 11A) **... Activity directions**\n\n1) Subsection (2) applies in proceedings in which the court is considering whether to make provision about one or more of the matters mentioned in subsection (1A) by making— \n\ta) a child arrangements order with respect to the child concerned, or \n\tb) an order varying or discharging a child arrangements order with respect to the child concerned. \n1A) The matters mentioned in this subsection are— \n\ta) with whom a child is to live, \n\tb) when a child is to live with any person, \n\tc) with whom a child is to spend time or otherwise have contact, and \n\td) when a child is to spend time or otherwise have contact with any person. \n2) The court may make an activity direction in connection with the provision that the court is considering whether to make. \n2A) Subsection (2B) applies in proceedings in which subsection (2) does not apply and in which the court is considering— \n\ta) whether a person has failed to comply with a provision of a child arrangements order, or \n\tb) what steps to take in consequence of a person's failure to comply with a provision of a child arrangements order. \n2B) The court may make an activity direction in connection with that provision of the child arrangements order. \n3) An activity direction is a direction requiring an individual who is a party to the proceedings concerned to take part in an activity that would, in the court's opinion, help to establish, maintain or improve the involvement in the life of the child concerned of— \n\ta) that individual, or \n\tb) another individual who is a party to the proceedings. \n4) The direction is to specify the activity and the person providing the activity. \n5) The activities that may be so required include, in particular— \n\ta) programmes, classes and counselling or guidance sessions of a kind that— \n\t\ti) may assist a person as regards establishing, maintaining or improving involvement in a child's life ; \n\t\tii) may, by addressing a person's violent behaviour, enable or facilitate involvement in a child's life ; \n\tb) sessions in which information or advice is given as regards making or operating arrangements for involvement in a child's life , including making arrangements by means of mediation. \n6) No individual may be required by an activity direction— \n\ta) to undergo medical or psychiatric examination, assessment or treatment; \n\tb) to take part in mediation. \n7) A court may not on the same occasion— \n\ta) make an activity direction under subsection (2) , and \n\tb) dispose finally of the proceedings as they relate to the matters mentioned in subsection (1A) in connection with which the activity direction is made . \n8) Each of subsections (2) and (2B) has effect subject to the restrictions in sections 11B and 11E. \n9) In considering whether to make an activity direction, the welfare of the child concerned is to be the court's paramount consideration. \n7A) A court may not on the same occasion— \n\ta) make an activity direction under subsection (2B), and \n\tb) dispose finally of the proceedings as they relate to failure to comply with the provision in connection with which the activity direction is made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11A",
    "legislation_id": "ukpga/1989/41",
    "title": "... Activity directions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.999143Z",
    "text": "Section 11H) **Monitoring contact and shared residence**\n\n1) This section applies if in any family proceedings the court makes— \n\ta) a child arrangements order containing provision of a kind mentioned in section 11C(1)(a)(i), (ii) or (iii), or \n\tb) an order varying a child arrangements order so as to add, vary or omit provision of any of those kinds. \n2) The court may ask an officer of the Service or a Welsh family proceedings officer— \n\ta) to monitor whether an individual falling within subsection (3) complies with each provision of any of those kinds that is contained in the child arrangements order (or in the child arrangements order as varied); \n\tb) to report to the court on such matters relating to the individual's compliance as the court may specify in the request. \n3) An individual falls within this subsection if the child arrangements order so made (or the child arrangements order as so varied)— \n\tza) provides for the child concerned to live with different persons at different times and names the individual as one of those persons; \n\ta) imposes requirements on the individual with regard to the child concerned spending time or otherwise having contact with some other person; \n\tb) names the individual as a person with whom the child concerned is to spend time or otherwise have contact; or \n4) If the child arrangements order (or the child arrangements order as varied) includes an activity condition, a request under subsection (2) is to be treated as relating to the provisions of the order other than the activity condition. \n5) The court may make a request under subsection (2)— \n\ta) on making the child arrangements order (or the order varying the child arrangements order ), or \n\tb) at any time during the subsequent course of the proceedings as they relate to contact with the child concerned or to the child's living arrangements . \n6) In making a request under subsection (2), the court is to specify the period for which the officer of the Service or Welsh family proceedings officer is to monitor compliance with the order; and the period specified may not exceed twelve months. \n7) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2). \n8) The court may order any individual falling within subsection (3) to take such steps as may be specified in the order with a view to enabling the officer of the Service or Welsh family proceedings officer to comply with the court's request under subsection (2). \n9) But the court may not make an order under subsection (8) with respect to an individual who is a child unless he is a parent of the child with respect to whom the order falling within subsection (1) was made. \n10) A court may not make a request under subsection (2) in relation to a child arrangements order that is an excepted order (within the meaning given by section 11B(4)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11H",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11H",
    "legislation_id": "ukpga/1989/41",
    "title": "Monitoring contact and shared residence",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.984296Z",
    "text": "Section 11D) **... Activity conditions: further provision**\n\n1) A child arrangements order may not impose an activity condition on an individual who is a child unless the individual is a parent of the child concerned. \n2) If a child arrangements order is an excepted order (within the meaning given by section 11B(4)), it may not impose (and it may not be varied so as to impose) a an activity condition. \n3) A child arrangements order may not impose an activity condition on an individual unless the individual is habitually resident in England and Wales; and a condition ceases to have effect if the individual subject to the condition ceases to be habitually resident in England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11D",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11D",
    "legislation_id": "ukpga/1989/41",
    "title": "... Activity conditions: further provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.412930Z",
    "text": "Section 45) **Duration of emergency protection orders and other supplemental provisions.**\n\n1) An emergency protection order shall have effect for such period, not exceeding eight days, as may be specified in the order. \n2) Where— \n\ta) the court making an emergency protection order would, but for this subsection, specify a period of eight days as the period for which the order is to have effect; but \n\tb) the last of those eight days is a public holiday (that is to say, Christmas Day, Good Friday, a bank holiday or a Sunday), the court may specify a period which ends at noon on the first later day which is not such a holiday. \n3) Where an emergency protection order is made on an application under section 46(7), the period of eight days mentioned in subsection (1) shall begin with the first day on which the child was taken into police protection under section 46. \n4) Any person who— \n\ta) has parental responsibility for a child as the result of an emergency protection order; and \n\tb) is entitled to apply for a care order with respect to the child, may apply to the court for the period during which the emergency protection order is to have effect to be extended. \n5) On an application under subsection (4) the court may extend the period during which the order is to have effect by such period, not exceeding seven days, as it thinks fit, but may do so only if it has reasonable cause to believe that the child concerned is likely to suffer significant harm if the order is not extended. \n6) An emergency protection order may only be extended once. \n7) Regardless of any enactment or rule of law which would otherwise prevent it from doing so, a court hearing an application for, or with respect to, an emergency protection order may take account of— \n\ta) any statement contained in any report made to the court in the course of, or in connection with, the hearing; or \n\tb) any evidence given during the hearing, which is, in the opinion of the court, relevant to the application. \n8) Any of the following may apply to the court for an emergency protection order to be discharged— \n\ta) the child; \n\tb) a parent of his; \n\tc) any person who is not a parent of his but who has parental responsibility for him; or \n\td) any person with whom he was living immediately before the making of the order. \n8A) On the application of a person who is not entitled to apply for the order to be discharged, but who is a person to whom an exclusion requirement contained in the order applies, an emergency protection order may be varied or discharged by the court in so far as it imposes the exclusion requirement. \n8B) Where a power of arrest has been attached to an exclusion requirement of an emergency protection order, the court may, on the application of any person entitled to apply for the discharge of the order so far as it imposes the exclusion requirement, vary or discharge the order in so far as it confers a power of arrest (whether or not any application has been made to vary or discharge any other provision of the order). \n9)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) No appeal may be made against— \n\ta) the making of, or refusal to make, an emergency protection order; \n\tb) the extension of, or refusal to extend, the period during which such an order is to have effect; \n\tc) the discharge of, or refusal to discharge, such an order; or \n\td) the giving of, or refusal to give, any direction in connection with such an order. \n11) Subsection (8) does not apply— \n\ta) where the person who would otherwise be entitled to apply for the emergency protection order to be discharged— \n\t\ti) was given notice (in accordance with rules of court) of the hearing at which the order was made; and \n\t\tii) was present at that hearing; or \n\tb) to any emergency protection order the effective period of which has been extended under subsection (5). \n12) A court making an emergency protection order may direct that the applicant may, in exercising any powers which he has by virtue of the order, be accompanied by a registered medical practitioner, registered nurse or registered midwife , if he so chooses. \n13) The reference in subsection (12) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/45",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/45",
    "legislation_id": "ukpga/1989/41",
    "title": "Duration of emergency protection orders and other supplemental provisions.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 45,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.341543Z",
    "text": "Section 38) **Interim orders.**\n\n1) Where— \n\ta) in any proceedings on an application for a care order or supervision order, the proceedings are adjourned; or \n\tb) the court gives a direction under section 37(1), the court may make an interim care order or an interim supervision order with respect to the child concerned. \n2) A court shall not make an interim care order or interim supervision order under this section unless it is satisfied that there are reasonable grounds for believing that the circumstances with respect to the child are as mentioned in section 31(2). \n3) Where, in any proceedings on an application for a care order or supervision order, a court makes a child arrangements order with respect to the living arrangements of the child concerned, it shall also make an interim supervision order with respect to him unless satisfied that his welfare will be satisfactorily safeguarded without an interim order being made. \n3A) For the purposes of subsection (3), a child arrangements order is one made with respect to the living arrangements of the child concerned if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— \n\ta) with whom the child is to live, and \n\tb) when the child is to live with any person. \n4) An interim order made under or by virtue of this section shall have effect for such period as may be specified in the order, but shall in any event cease to have effect on whichever of the following events first occurs— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) in a case which falls within subsection (1)(a), the disposal of the application; \n\td) in a case which falls within subsection (1)(b), the disposal of an application for a care order or supervision order made by the authority with respect to the child; \n\tda) in a case which falls within subsection (1)(b) and in which— \n\t\ti) no direction has been given under section 37(4), and \n\t\tii) no application for a care order or supervision order has been made with respect to the child, the expiry of the period of eight weeks beginning with the date on which the order is made; \n\te) in a case which falls within subsection (1)(b) and in which— \n\t\ti) the court has given a direction under section 37(4), but \n\t\tii) no application for a care order or supervision order has been made with respect to the child, the expiry of the period fixed by that direction. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) Where the court makes an interim care order, or interim supervision order, it may give such directions (if any) as it considers appropriate with regard to the medical or psychiatric examination or other assessment of the child; but if the child is of sufficient understanding to make an informed decision he may refuse to submit to the examination or other assessment. \n7) A direction under subsection (6) may be to the effect that there is to be— \n\ta) no such examination or assessment; or \n\tb) no such examination or assessment unless the court directs otherwise. \n7A) A direction under subsection (6) to the effect that there is to be a medical or psychiatric examination or other assessment of the child may be given only if the court is of the opinion that the examination or other assessment is necessary to assist the court to resolve the proceedings justly. \n7B) When deciding whether to give a direction under subsection (6) to that effect the court is to have regard in particular to— \n\ta) any impact which any examination or other assessment would be likely to have on the welfare of the child, and any other impact which giving the direction would be likely to have on the welfare of the child, \n\tb) the issues with which the examination or other assessment would assist the court, \n\tc) the questions which the examination or other assessment would enable the court to answer, \n\td) the evidence otherwise available, \n\te) the impact which the direction would be likely to have on the timetable, duration and conduct of the proceedings, \n\tf) the cost of the examination or other assessment, and \n\tg) any matters prescribed by Family Procedure Rules. \n8) A direction under subsection (6) may be— \n\ta) given when the interim order is made or at any time while it is in force; and \n\tb) varied at any time on the application of any person falling within any class of person prescribed by rules of court for the purposes of this subsection. \n9) Paragraphs 4 and 5 of Schedule 3 shall not apply in relation to an interim supervision order. \n10) Where a court makes an order under or by virtue of this section it shall, in determining the period for which the order is to be in force, consider whether any party who was, or might have been, opposed to the making of the order was in a position to argue his case against the order in full. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/38",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/38",
    "legislation_id": "ukpga/1989/41",
    "title": "Interim orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 38,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.257111Z",
    "text": "Section 25A) **Appointment of independent reviewing officer**\n\n1) If a local authority are looking after a child, they must appoint an individual as the independent reviewing officer for that child's case. \n2) The initial appointment under subsection (1) must be made before the child's case is first reviewed in accordance with regulations made under section 26. \n3) If a vacancy arises in respect of a child's case, the local authority must make another appointment under subsection (1) as soon as is practicable. \n4) An appointee must be of a description prescribed in regulations made by the Secretary of State . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/25A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/25A",
    "legislation_id": "ukpga/1989/41",
    "title": "Appointment of independent reviewing officer",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.047706Z",
    "text": "Section 14B) **Special guardianship orders: making**\n\n1) Before making a special guardianship order, the court must consider whether, if the order were made— \n\ta) a child arrangements order containing contact provision should also be made with respect to the child,  . . . \n\tb) any section 8 order in force with respect to the child should be varied or discharged. \n\tc) where a provision contained in a child arrangements order made with respect to the child is not discharged, any enforcement order relating to that provision should be revoked, and \n\td) where an activity direction has been made— \n\t\ti) in proceedings for the making, variation or discharge of a child arrangements order with respect to the child, or \n\t\tii) in other proceedings that relate to such an order, that direction should be discharged. \n1A) In subsection (1)  “contact provision” means provision which regulates arrangements relating to— \n\ta) with whom a child is to spend time or otherwise have contact, or \n\tb) when a child is to spend time or otherwise have contact with any person; but in paragraphs (a) and (b) a reference to spending time or otherwise having contact with a person is to doing that otherwise than as a result of living with the person. \n2) On making a special guardianship order, the court may also— \n\ta) give leave for the child to be known by a new surname; \n\tb) grant the leave required by section 14C(3)(b), either generally or for specified purposes. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14B",
    "legislation_id": "ukpga/1989/41",
    "title": "Special guardianship orders: making",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.038131Z",
    "text": "Section 13) **Change of child’s name or removal from jurisdiction.**\n\n1) Where a child arrangements order to which subsection (4) applies is in force with respect to a child, no person may— \n\ta) cause the child to be known by a new surname; or \n\tb) remove him from the United Kingdom; without either the written consent of every person who has parental responsibility for the child or the leave of the court. \n2) Subsection (1)(b) does not prevent the removal of a child, for a period of less than one month, by a person named in the child arrangements order as a person with whom the child is to live . \n3) In making a child arrangements order to which subsection (4) applies, the court may grant the leave required by subsection (1)(b), either generally or for specified purposes. \n4) This subsection applies to a child arrangements order if the arrangements regulated by the order consist of, or include, arrangements which relate to either or both of the following— \n\ta) with whom the child concerned is to live, and \n\tb) when the child is to live with any person. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/13",
    "legislation_id": "ukpga/1989/41",
    "title": "Change of child’s name or removal from jurisdiction.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.989743Z",
    "text": "Section 11F) **... Activity directions and conditions: financial assistance**\n\n1) The Secretary of State may by regulations make provision authorising him to make payments to assist individuals falling within subsection (2) in paying relevant charges or fees. \n2) An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child, not being a child ordinarily resident in Wales. \n3) The National Assembly for Wales may by regulations make provision authorising it to make payments to assist individuals falling within subsection (4) in paying relevant charges or fees. \n4) An individual falls within this subsection if he is required by an activity direction or condition to take part in an activity that is expected to help to establish, maintain or improve the involvement of that or another individual in the life of a child who is ordinarily resident in Wales. \n5) A relevant charge or fee, in relation to an activity required by an activity direction or condition, is a charge or fee in respect of the activity payable to the person providing the activity. \n6) Regulations under this section may provide that no assistance is available to an individual unless— \n\ta) the individual satisfies such conditions as regards his financial resources as may be set out in the regulations; \n\tb) the activity in which the individual is required by an activity direction or condition to take part is provided to him in England or Wales; \n\tc) where the activity in which the individual is required to take part is provided to him in England, it is provided by a person who is for the time being approved by the Secretary of State as a provider of activities required by an activity direction or condition; \n\td) where the activity in which the individual is required to take part is provided to him in Wales, it is provided by a person who is for the time being approved by the National Assembly for Wales as a provider of activities required by a an activity direction or condition. \n7) Regulations under this section may make provision— \n\ta) as to the maximum amount of assistance that may be paid to or in respect of an individual as regards an activity in which he is required by a an activity direction or condition to take part; \n\tb) where the amount may vary according to an individual's financial resources, as to the method by which the amount is to be determined; \n\tc) authorising payments by way of assistance to be made directly to persons providing activities required by an activity direction or condition. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11F",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11F",
    "legislation_id": "ukpga/1989/41",
    "title": "... Activity directions and conditions: financial assistance",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:04.997374Z",
    "text": "Section 11G) **... Activity directions and conditions: monitoring**\n\n1) This section applies if in any family proceedings the court— \n\ta) makes an activity direction in relation to an individual, or \n\tb) makes a child arrangements order that imposes, or varies a child arrangements order so as to impose, an activity condition on an individual. \n2) The court may on making the direction (or imposing the condition by means of a child arrangements order ) ask an officer of the Service or a Welsh family proceedings officer— \n\ta) to monitor, or arrange for the monitoring of, the individual's compliance with the direction (or the condition); \n\tb) to report to the court on any failure by the individual to comply with the direction (or the condition). \n3) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under subsection (2). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11G",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11G",
    "legislation_id": "ukpga/1989/41",
    "title": "... Activity directions and conditions: monitoring",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.308156Z",
    "text": "Section 32) **Period within which application for order under this Part must be disposed of.**\n\n1) A court in which an application for an order under this Part is proceeding shall (in the light of any provision in rules of court that is of the kind mentioned in subsection (2)(a) or (b)) — \n\ta) draw up a timetable with a view to disposing of the application— \n\t\ti) without delay, and \n\t\tii) in any event within twenty-six weeks beginning with the day on which the application was issued; and \n\tb) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that that timetable is adhered to. \n2) Rules of court may— \n\ta) specify periods within which specified steps must be taken in relation to such proceedings; and \n\tb) make other provision with respect to such proceedings for the purpose of ensuring, so far as is reasonably practicable, that they are disposed of without delay. \n3) A court, when drawing up a timetable under subsection (1)(a), must in particular have regard to— \n\ta) the impact which the timetable would have on the welfare of the child to whom the application relates; and \n\tb) the impact which the timetable would have on the conduct of the proceedings. \n4) A court, when revising a timetable drawn up under subsection (1)(a) or when making any decision which may give rise to a need to revise such a timetable (which does not include a decision under subsection (5)), must in particular have regard to— \n\ta) the impact which any revision would have on the welfare of the child to whom the application relates; and \n\tb) the impact which any revision would have on the duration and conduct of the proceedings. \n5) A court in which an application under this Part is proceeding may extend the period that is for the time being allowed under subsection (1)(a)(ii) in the case of the application, but may do so only if the court considers that the extension is necessary to enable the court to resolve the proceedings justly. \n6) When deciding whether to grant an extension under subsection (5), a court must in particular have regard to— \n\ta) the impact which any ensuing timetable revision would have on the welfare of the child to whom the application relates, and \n\tb) the impact which any ensuing timetable revision would have on the duration and conduct of the proceedings; and here  “ensuing timetable revision” means any revision, of the timetable under subsection (1)(a) for the proceedings, which the court considers may ensue from the extension. \n7) When deciding whether to grant an extension under subsection (5), a court is to take account of the following guidance: extensions are not to be granted routinely and are to be seen as requiring specific justification. \n8) Each separate extension under subsection (5) is to end no more than eight weeks after the later of— \n\ta) the end of the period being extended; and \n\tb) the end of the day on which the extension is granted. \n9) The Lord Chancellor may by regulations amend subsection (1)(a)(ii), or the opening words of subsection (8), for the purpose of varying the period for the time being specified in that provision. \n10) Rules of court may provide that a court— \n\ta) when deciding whether to exercise the power under subsection (5), or \n\tb) when deciding how to exercise that power, must, or may or may not, have regard to matters specified in the rules, or must take account of any guidance set out in the rules. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/32",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/32",
    "legislation_id": "ukpga/1989/41",
    "title": "Period within which application for order under this Part must be disposed of.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 32,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.110139Z",
    "text": "Section 17ZE) **Parent carers' needs assessments: supplementary**\n\n1) This section applies for the purposes of section 17ZD. \n2) The references in section 17ZD to providing care include a reference to providing practical or emotional support. \n3) Where a local authority— \n\ta) are required to carry out a parent carer's needs assessment, and \n\tb) are required or have decided to carry out some other assessment of the parent carer or of the disabled child cared for, the local authority may combine the assessments. \n4) The Secretary of State may by regulations make further provision about carrying out a parent carer's needs assessment; the regulations may, in particular— \n\ta) specify matters to which a local authority is to have regard in carrying out a parent carer's needs assessment; \n\tb) specify matters which a local authority is to determine in carrying out a parent carer's needs assessment; \n\tc) make provision about the manner in which a parent carer's needs assessment is to be carried out; \n\td) make provision about the form a parent carer's needs assessment is to take. \n5) The Secretary of State may by regulations amend the list in section 17ZD(8)(b) so as to— \n\ta) add an entry, \n\tb) remove an entry, or \n\tc) vary an entry. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZE",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZE",
    "legislation_id": "ukpga/1989/41",
    "title": "Parent carers' needs assessments: supplementary",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.215562Z",
    "text": "Section 23CA) **Further assistance to pursue education or training**\n\n1) This section applies to a person if— \n\ta) he is under the age of twenty-five or of such lesser age as may be prescribed by the Secretary of State ; \n\tb) he is a former relevant child (within the meaning of section 23C) towards whom the duties imposed by subsections (2), (3) and (4) of that section no longer subsist; and \n\tc) he has informed the responsible local authority that he is pursuing, or wishes to pursue, a programme of education or training. \n2) It is the duty of the responsible local authority to provide a personal adviser for a person to whom this section applies. \n3) It is the duty of the responsible local authority— \n\ta) to carry out an assessment of the needs of a person to whom this section applies with a view to determining what assistance (if any) it would be appropriate for them to provide to him under this section; and \n\tb) to prepare a pathway plan for him. \n4) It is the duty of the responsible local authority to give assistance of a kind referred to subsection (5) to a person to whom this section applies to the extent that his educational or training needs require it. \n5) The kinds of assistance are— \n\ta) contributing to expenses incurred by him in living near the place where he is, or will be, receiving education or training; or \n\tb) making a grant to enable him to meet expenses connected with his education and training. \n6) If a person to whom this section applies pursues a programme of education or training in accordance with the pathway plan prepared for him, the duties of the local authority under this section (and under any provision applicable to the pathway plan prepared under this section for that person) subsist for as long as he continues to pursue that programme. \n7) For the purposes of subsection (6), the local authority may disregard any interruption in the person's pursuance of a programme of education or training if they are satisfied that he will resume it as soon as is reasonably practicable. \n8) Subsections (7) to (9) of section 17 apply to assistance given to a person under this section as they apply to assistance given to or in respect of a child under that section, but with the omission in subsection (8) of the words  “and of each of his parents”. \n9) Subsection (5) of section 24B applies to a person to whom this section applies as it applies to a person to whom subsection (3) of that section applies. \n10) Nothing in this section affects the duty imposed by subsection (5A) of section 23C to the extent that it subsists in relation to a person to whom this section applies; but the duty to make a payment under that subsection may be taken into account in the assessment of the person's needs under subsection (3)(a). \n11) In this section  “the responsible local authority” means, in relation to a person to whom this section applies, the local authority which had the duties provided for in section 23C towards him. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/23CA",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/23CA",
    "legislation_id": "ukpga/1989/41",
    "title": "Further assistance to pursue education or training",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.112891Z",
    "text": "Section 17ZF) **Consideration of parent carers' needs assessments**\nA local authority that carry out a parent carer's needs assessment must consider the assessment and decide— \n\ta) whether the parent carer has needs for support in relation to the care which he or she provides or intends to provide; \n\tb) whether the disabled child cared for has needs for support; \n\tc) if paragraph (a) or (b) applies, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and \n\td) if they could be so satisfied, whether or not to provide any such services in relation to the parent carer or the disabled child cared for. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZF",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZF",
    "legislation_id": "ukpga/1989/41",
    "title": "Consideration of parent carers' needs assessments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.364102Z",
    "text": "Section 40) **Orders pending appeals in cases about care or supervision orders.**\n\n1) Where— \n\ta) a court dismisses an application for a care order; and \n\tb) at the time when the court dismisses the application, the child concerned is the subject of an interim care order, the court may make a care order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order. \n2) Where— \n\ta) a court dismisses an application for a care order, or an application for a supervision order; and \n\tb) at the time when the court dismisses the application, the child concerned is the subject of an interim supervision order, the court may make a supervision order with respect to the child to have effect subject to such directions (if any) as the court may see fit to include in the order. \n3) Where a court grants an application to discharge a care order or supervision order, it may order that— \n\ta) its decision is not to have effect; or \n\tb) the care order, or supervision order, is to continue to have effect but subject to such directions as the court sees fit to include in the order. \n4) An order made under this section shall only have effect for such period, not exceeding the appeal period, as may be specified in the order. \n5) Where— \n\ta) an appeal is made against any decision of a court under this section; or \n\tb) any application is made to the appellate court in connection with a proposed appeal against that decision, the appellate court may extend the period for which the order in question is to have effect, but not so as to extend it beyond the end of the appeal period. \n6) In this section “the appeal period” means— \n\ta) where an appeal is made against the decision in question, the period between the making of that decision and the determination of the appeal; and \n\tb) otherwise, the period during which an appeal may be made against the decision. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/40",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/40",
    "legislation_id": "ukpga/1989/41",
    "title": "Orders pending appeals in cases about care or supervision orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 40,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.175386Z",
    "text": "Section 22D) **Review of child's case before making alternative arrangements for accommodation**\n\n1) Where a local authority are providing accommodation for a child (“C”) other than by arrangements under section 22C(6)(d), they must not make such arrangements for C unless they have decided to do so in consequence of a review of C's case carried out in accordance with regulations made under section 26. \n2) But subsection (1) does not prevent a local authority making arrangements for C under section 22C(6)(d) if they are satisfied that in order to safeguard C's welfare it is necessary— \n\ta) to make such arrangements; and \n\tb) to do so as a matter of urgency. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/22D",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/22D",
    "legislation_id": "ukpga/1989/41",
    "title": "Review of child's case before making alternative arrangements for accommodation",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.059375Z",
    "text": "Section 14E) **Special guardianship orders: supplementary**\n\n1) In proceedings in which any question of making, varying or discharging a special guardianship order arises, the court shall (in the light of any provision in rules of court that is of the kind mentioned in section 11(2)(a) or (b)) — \n\ta) draw up a timetable with a view to determining the question without delay; and \n\tb) give such directions as it considers appropriate for the purpose of ensuring, so far as is reasonably practicable, that the timetable is adhered to. \n2) Subsection (1) applies also in relation to proceedings in which any other question with respect to a special guardianship order arises. \n3) The power to make rules in subsection (2) of section 11 applies for the purposes of this section as it applies for the purposes of that. \n4) A special guardianship order, or an order varying one, may contain provisions which are to have effect for a specified period. \n5) Section 11(7) (apart from paragraph (c)) applies in relation to special guardianship orders and orders varying them as it applies in relation to section 8 orders. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14E",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14E",
    "legislation_id": "ukpga/1989/41",
    "title": "Special guardianship orders: supplementary",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.011898Z",
    "text": "Section 11K) **Enforcement orders: further provision**\n\n1) A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order unless it is satisfied that before the failure occurred the person had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of— \n\ta) in the case of a failure to comply with a provision of a child arrangements order where the order was varied before the failure occurred, a notice under section 11I relating to the order varying the child arrangements order or, where more than one such order has been made, the last order preceding the failure in question; \n\tb) in any other case, a notice under section 11I relating to the child arrangements order. \n2) A court may not make an enforcement order against a person in respect of any failure to comply with a provision of a child arrangements order occurring before the person attained the age of 18. \n3) A court may not make an enforcement order against a person in respect of a failure to comply with a provision of a child arrangements order where the child arrangements order is an excepted order (within the meaning given by section 11B(4)). \n4) A court may not make an enforcement order against a person unless the person is habitually resident in England and Wales; and an enforcement order ceases to have effect if the person subject to the order ceases to be habitually resident in England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11K",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11K",
    "legislation_id": "ukpga/1989/41",
    "title": "Enforcement orders: further provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.102506Z",
    "text": "Section 17ZC) **Consideration of young carers' needs assessments**\nA local authority that carry out a young carer's needs assessment must consider the assessment and decide— \n\ta) whether the young carer has needs for support in relation to the care which he or she provides or intends to provide; \n\tb) if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and \n\tc) if they could be so satisfied, whether or not to provide any such services in relation to the young carer. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/17ZC",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/17ZC",
    "legislation_id": "ukpga/1989/41",
    "title": "Consideration of young carers' needs assessments",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.662889Z",
    "text": "Section 88) **Amendments of adoption legislation.**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/88",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/88",
    "legislation_id": "ukpga/1989/41",
    "title": "Amendments of adoption legislation.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 88,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.358860Z",
    "text": "Section 38B) **Undertakings relating to interim care orders.**\n\n1) In any case where the court has power to include an exclusion requirement in an interim care order, the court may accept an undertaking from the relevant person. \n2) No power of arrest may be attached to any undertaking given under subsection (1). \n3) An undertaking given to a court under subsection (1)— \n\ta) shall be enforceable as if it were an order of the court, and \n\tb) shall cease to have effect if, while it is in force, the local authority have removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours. \n4) This section has effect without prejudice to the powers of the High Court and family court apart from this section. \n5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 38A. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/38B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/38B",
    "legislation_id": "ukpga/1989/41",
    "title": "Undertakings relating to interim care orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.028037Z",
    "text": "Section 11P) **Orders under section 11O(2): further provision**\n\n1) A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order unless it is satisfied that before the failure occurred the individual had been given (in accordance with rules of court) a copy of, or otherwise informed of the terms of— \n\ta) in the case of a failure to comply with a provision of a child arrangements order where the order was varied before the failure occurred, a notice under section 11I relating to the order varying the child arrangements order or, where more than one such order has been made, the last order preceding the failure in question; \n\tb) in any other case, a notice under section 11I relating to the child arrangements order. \n2) A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the failure occurred before the individual attained the age of 18. \n3) A court may not make an order under section 11O(2) requiring an individual to pay compensation in respect of a failure by him to comply with a provision of a child arrangements order where the child arrangements order is an excepted order (within the meaning given by section 11B(4)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11P",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11P",
    "legislation_id": "ukpga/1989/41",
    "title": "Orders under section 11O(2): further provision",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.055384Z",
    "text": "Section 14D) **Special guardianship orders: variation and discharge**\n\n1) The court may vary or discharge a special guardianship order on the application of— \n\ta) the special guardian (or any of them, if there are more than one); \n\tb) any parent or guardian of the child concerned; \n\tc) any individual who is named in a child arrangements order as a person with whom the child is to live; \n\td) any individual not falling within any of paragraphs (a) to (c) who has, or immediately before the making of the special guardianship order had, parental responsibility for the child; \n\te) the child himself; or \n\tf) a local authority designated in a care order with respect to the child. \n2) In any family proceedings in which a question arises with respect to the welfare of a child with respect to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no application has been made under subsection (1). \n3) The following must obtain the leave of the court before making an application under subsection (1)— \n\ta) the child; \n\tb) any parent or guardian of his; \n\tc) any step-parent of his who has acquired, and has not lost, parental responsibility for him by virtue of section 4A; \n\td) any individual falling within subsection (1)(d) who immediately before the making of the special guardianship order had, but no longer has, parental responsibility for him. \n4) Where the person applying for leave to make an application under subsection (1) is the child, the court may only grant leave if it is satisfied that he has sufficient understanding to make the proposed application under subsection (1). \n5) The court may not grant leave to a person falling within subsection (3)(b)(c) or (d) unless it is satisfied that there has been a significant change in circumstances since the making of the special guardianship order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14D",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14D",
    "legislation_id": "ukpga/1989/41",
    "title": "Special guardianship orders: variation and discharge",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.007052Z",
    "text": "Section 11J) **Enforcement orders**\n\n1) This section applies if a child arrangements with respect to a child has been made. \n2) If the court is satisfied beyond reasonable doubt that a person has failed to comply with a provision of the child arrangements order, it may make an order (an  “enforcement order”) imposing on the person an unpaid work requirement. \n3) But the court may not make an enforcement order if it is satisfied that the person had a reasonable excuse for failing to comply with the provision . \n4) The burden of proof as to the matter mentioned in subsection (3) lies on the person claiming to have had a reasonable excuse, and the standard of proof is the balance of probabilities. \n5) The court may make an enforcement order in relation to the child arrangements order only on the application of— \n\ta) a person who is, for the purposes of the child arrangements order , the person with whom the child concerned lives or is to live; \n\tb) a person whose contact with the child concerned is provided for in the child arrangements order ; \n\tc) any individual subject to a condition under section 11(7)(b) or an activity condition imposed by the child arrangements order ; or \n\td) the child concerned. \n6) Where the person proposing to apply for an enforcement order in relation to a child arrangements order is the child concerned, the child must obtain the leave of the court before making such an application. \n7) The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application. \n8) Subsection (2) has effect subject to the restrictions in sections 11K and 11L. \n9) The court may suspend an enforcement order for such period as it thinks fit. \n10) Nothing in this section prevents a court from making more than one enforcement order in relation to the same person on the same occasion. \n11) Proceedings in which any question of making an enforcement order, or any other question with respect to such an order, arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order. \n12) In Schedule A1— \n\ta) Part 1 makes provision as regards an unpaid work requirement; \n\tb) Part 2 makes provision in relation to the revocation and amendment of enforcement orders and failure to comply with such orders. \n13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11J",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11J",
    "legislation_id": "ukpga/1989/41",
    "title": "Enforcement orders",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.015535Z",
    "text": "Section 11L) **Enforcement orders: making**\n\n1) Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must be satisfied that— \n\ta) making the enforcement order proposed is necessary to secure the person's compliance with the child arrangements order or any child arrangements order that has effect in its place; \n\tb) the likely effect on the person of the enforcement order proposed to be made is proportionate to the seriousness of the breach  .... \n2) Before making an enforcement order, the court must satisfy itself that provision for the person to work under an unpaid work requirement imposed by an enforcement order can be made in the local justice area in which the person in breach resides or will reside. \n3) Before making an enforcement order as regards a person in breach of a provision of a child arrangements order, the court must obtain and consider information about the person and the likely effect of the enforcement order on him. \n4) Information about the likely effect of the enforcement order may, in particular, include information as to— \n\ta) any conflict with the person's religious beliefs; \n\tb) any interference with the times (if any) at which he normally works or attends an educational establishment. \n5) A court that proposes to make an enforcement order may ask an officer of the Service or a Welsh family proceedings officer to provide the court with information as to the matters in subsections (2) and (3). \n6) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section. \n7) In making an enforcement order in relation to a child arrangements order, a court must take into account the welfare of the child who is the subject of the contact order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11L",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11L",
    "legislation_id": "ukpga/1989/41",
    "title": "Enforcement orders: making",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.578937Z",
    "text": "Section 79P) **Early years child care inspectorate.**\n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79P",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79P",
    "legislation_id": "ukpga/1989/41",
    "title": "Early years child care inspectorate.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.588363Z",
    "text": "Section 79V) **Function of local authorities.**\nEach local authority in Wales shall, in accordance with regulations, secure the provision— \n\ta) of information and advice about child minding and day care; and \n\tb) of training for persons who provide or assist in providing child minding or day care. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79V",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79V",
    "legislation_id": "ukpga/1989/41",
    "title": "Function of local authorities.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.234615Z",
    "text": "Section 24A) **Advice and assistance.**\n\n1) The relevant authority shall consider whether the conditions in subsection (2) are satisfied in relation to a person qualifying for advice and assistance. \n2) The conditions are that— \n\ta) he needs help of a kind which they can give under this section or section 24B; and \n\tb) in the case of a person to whom section 24(1A) applies, or to whom section 24(1B) applies and who was not being looked after by any local authority or local authority in Wales , they are satisfied that the person by whom he was being looked after does not have the necessary facilities for advising or befriending him. \n3) If the conditions are satisfied— \n\ta) they shall advise and befriend him if he is a person to whom section 24(1A) applies, or he is a person to whom section 24(1B) applies and he was being looked after by a local authority (without subsequently being looked after by a local authority in Wales) or was accommodated by or on behalf of a voluntary organisation; and \n\tb) in any other case they may do so. \n4) Where as a result of this section a local authority are under a duty, or are empowered, to advise and befriend a person, they may also give him assistance. \n5) The assistance may be in kind and, in exceptional circumstances, assistance may be given— \n\ta) by providing accommodation, if in the circumstances assistance may not be given in respect of the accommodation under section 24B, or \n\tb) in cash . \n6) Subsections (7) to (9) of section 17 apply in relation to assistance given under this section or section 24B as they apply in relation to assistance given under that section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/24A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/24A",
    "legislation_id": "ukpga/1989/41",
    "title": "Advice and assistance.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.023311Z",
    "text": "Section 11O) **Compensation for financial loss**\n\n1) This section applies if a child arrangements order with respect to a child has been made. \n2) If the court is satisfied that— \n\ta) an individual has failed to comply with a provision of the child arrangements order, and \n\tb) a person falling within subsection (6) has suffered financial loss by reason of the breach, it may make an order requiring the individual in breach to pay the person compensation in respect of his financial loss. \n3) But the court may not make an order under subsection (2) if it is satisfied that the individual in breach had a reasonable excuse for failing to comply with the particular provision of the child arrangements order. \n4) The burden of proof as to the matter mentioned in subsection (3) lies on the individual claiming to have had a reasonable excuse. \n5) An order under subsection (2) may be made only on an application by the person who claims to have suffered financial loss. \n6) A person falls within this subsection if he is— \n\ta) a person who is, for the purposes of the child arrangements order , a person with whom the child concerned lives or is to live; \n\tb) a person whose contact with the child concerned is provided for in the child arrangements order ; \n\tc) an individual subject to a condition under section 11(7)(b) or an activity condition imposed by the contact order; or \n\td) the child concerned. \n7) Where the person proposing to apply for an order under subsection (2) is the child concerned, the child must obtain the leave of the court before making such an application. \n8) The court may grant leave to the child concerned only if it is satisfied that he has sufficient understanding to make the proposed application. \n9) The amount of compensation is to be determined by the court, but may not exceed the amount of the applicant's financial loss. \n10) In determining the amount of compensation payable by the individual in breach, the court must take into account the individual's financial circumstances. \n11) An amount ordered to be paid as compensation may be recovered by the applicant as a civil debt due to him. \n12) Subsection (2) has effect subject to the restrictions in section 11P. \n13) Proceedings in which any question of making an order under subsection (2) arises are to be regarded for the purposes of section 11(1) and (2) as proceedings in which a question arises with respect to a section 8 order. \n14) In exercising its powers under this section, a court is to take into account the welfare of the child concerned. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11O",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11O",
    "legislation_id": "ukpga/1989/41",
    "title": "Compensation for financial loss",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.245135Z",
    "text": "Section 24D) **Representations: sections 23A to 24B.**\n\n1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by— \n\ta) a relevant child for the purposes of section 23A or a young person falling within section 23C; \n\tb) a person qualifying for advice and assistance; or \n\tc) a person falling within section 24B(2), about the discharge of their functions under this Part in relation to him. \n1A) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1). \n2) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/24D",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/24D",
    "legislation_id": "ukpga/1989/41",
    "title": "Representations: sections 23A to 24B.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.654137Z",
    "text": "Section 87B) **Duties of inspectors under section 87A.**\n\n1) The Secretary of State may impose on a person appointed under section 87A(1) (“an authorised inspector”) such requirements relating to, or in connection with, the carrying out under substitution agreements of the function mentioned in section 87A(2)(b) as the Secretary of State thinks fit. \n2) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that there has been a failure to comply with section 87(1) in the case of a child provided with accommodation by the school or college to which the agreement relates, the inspector shall give notice of that fact \n\ta) in the case of a school other than an independent school , an alternative provision Academy that is not an independent school or a special school, to the local authority for the area in which the school is situated; \n\tb) in the case of a special school which is maintained by a local authority , to that authority; \n\tc) in any other case, to the Secretary of State . \n3) Where, in the course of carrying out under a substitution agreement the function mentioned in section 87A(2)(b), it appears to an authorised inspector that a child provided with accommodation by the school or college to which the agreement relates is suffering, or is likely to suffer, significant harm, the inspector shall— \n\ta) give notice of that fact to the local authority in whose area the school or college is situated, and \n\tb) where the inspector is required to make inspection reports to the Secretary of State, supply that local authority with a copy of the latest inspection report to have been made by the inspector to the Secretary of State in relation to the school or college . \n4) In this section “substitution agreement” means an agreement by virtue of which the duty of the appropriate authority under section 87(3) in relation to a school or college is suspended. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/87B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/87B",
    "legislation_id": "ukpga/1989/41",
    "title": "Duties of inspectors under section 87A.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.974659Z",
    "text": "SCHEDULE 10 Amendments of Adoption Legislation Section 88. ## Part I\n## Amendments of Adoption Act 1976 (c. 36)\n\n\n1)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n12)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n13)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n14)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n15)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n16)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n17)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n18)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n19)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n20)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n21)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n22)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n23)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n24)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n25)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n26)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n27)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n28)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n30)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n31)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part II\n## Amendments of Adoption (Scotland) Act 1978 (c. 28)\n\n\n32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n33) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n34) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n36) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n38) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n39) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n41) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n43) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n45) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n46) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/10",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/10",
    "legislation_id": "ukpga/1989/41",
    "title": "Amendments of Adoption Legislation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.472646Z",
    "text": "Section 55) **Determination of disputes relating to controlled and assisted community homes.**\n\n1) Where any dispute relating to a controlled community home arises between the local authority specified in the home’s instrument of management and— \n\ta) the voluntary organisation by which the home is provided; or \n\tb) any other local authority who have placed, or desire or are required to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination. \n2) Where any dispute relating to an assisted community home arises between the voluntary organisation by which the home is provided and any local authority who have placed, or desire to place, in the home a child who is looked after by them, the dispute may be referred by either party to the Secretary of State for his determination. \n3) Where a dispute is referred to the Secretary of State under this section he may, in order to give effect to his determination of the dispute, give such directions as he thinks fit to the local authority or voluntary organisation concerned. \n4) This section applies even though the matter in dispute may be one which, under or by virtue of Part II of Schedule 4, is reserved for the decision, or is the responsibility, of— \n\ta) the local authority specified in the home’s instrument of management; or \n\tb) (as the case may be) the voluntary organisation by which the home is provided. \n5) Where any trust deed relating to a controlled or assisted community home contains provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide questions relating to religious instruction given in the home, no dispute which is capable of being dealt with in accordance with that provision shall be referred to the Secretary of State under this section. \n6) In this Part “trust deed”, in relation to a voluntary home, means any instrument (other than an instrument of management) regulating— \n\ta) the maintenance, management or conduct of the home; or \n\tb) the constitution of a body of managers or trustees of the home. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/55",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/55",
    "legislation_id": "ukpga/1989/41",
    "title": "Determination of disputes relating to controlled and assisted community homes.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 55,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.071210Z",
    "text": "Section 14G) **Special guardianship support services: representations**\n \n1) Every local authority shall establish a procedure for considering representations (including complaints) made to them by any person to whom they may provide special guardianship support services about the discharge of their functions under section 14F in relation to him. \n2) Regulations may be made by the Secretary of State imposing time limits on the making of representations under subsection (1). \n3) In considering representations under subsection (1), a local authority shall comply with regulations (if any) made by the Secretary of State for the purposes of this subsection. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14G",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14G",
    "legislation_id": "ukpga/1989/41",
    "title": "Special guardianship support services: representations",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.560330Z",
    "text": "Section 79E) **Applications for registration.**\n\n1) A person who wishes to be registered under this Part shall make an application to the Assembly . \n2) The application shall— \n\ta) give prescribed information about prescribed matters; \n\tb) give any other information which the Assembly reasonably requires the applicant to give. \n\tc) be accompanied by the prescribed fee. \n3) Where a person provides, or proposes to provide, day care on different premises, he shall make a separate application in respect of each of them. \n4) Where the Assembly has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the Assembly . \n5) A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79E",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79E",
    "legislation_id": "ukpga/1989/41",
    "title": "Applications for registration.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.410859Z",
    "text": "Section 44B) **Undertakings relating to emergency protection orders.**\n\n1) In any case where the court has power to include an exclusion requirement in an emergency protection order, the court may accept an undertaking from the relevant person. \n2) No power of arrest may be attached to any undertaking given under subsection (1). \n3) An undertaking given to a court under subsection (1)— \n\ta) shall be enforceable as if it were an order of the court, and \n\tb) shall cease to have effect if, while it is in force, the applicant has removed the child from the dwelling-house from which the relevant person is excluded to other accommodation for a continuous period of more than 24 hours. \n4) This section has effect without prejudice to the powers of the High Court and family court apart from this section. \n5) In this section “exclusion requirement” and “relevant person” have the same meaning as in section 44A. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/44B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/44B",
    "legislation_id": "ukpga/1989/41",
    "title": "Undertakings relating to emergency protection orders.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.021066Z",
    "text": "Section 11M) **Enforcement orders: monitoring**\n\n1) On making an enforcement order in relation to a person, the court is to ask an officer of the Service or a Welsh family proceedings officer— \n\ta) to monitor, or arrange for the monitoring of, the person's compliance with the unpaid work requirement imposed by the order; \n\tb) to report to the court if a report under paragraph 8 of Schedule A1 is made in relation to the person; \n\tc) to report to the court on such other matters relating to the person's compliance as may be specified in the request; \n\td) to report to the court if the person is, or becomes, unsuitable to perform work under the requirement. \n2) It shall be the duty of the officer of the Service or Welsh family proceedings officer to comply with any request under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/11M",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/11M",
    "legislation_id": "ukpga/1989/41",
    "title": "Enforcement orders: monitoring",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.039973Z",
    "text": "Section 14) **Enforcement of residence orders.**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/14",
    "legislation_id": "ukpga/1989/41",
    "title": "Enforcement of residence orders.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.564837Z",
    "text": "Section 79G) **Cancellation of registration.**\n\n1) the Assembly may cancel the registration of any person if— \n\ta) in the case of a person registered for child minding, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for child minding; \n\tb) in the case of a person registered for providing day care on any premises, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises, or if a fee which is due from the person has not been paid. \n2) Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person  . . .  , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if— \n\ta) the time set for complying with the requirements has not expired; and \n\tb) it is shown that the defect or insufficiency is due to the changes or additions not having been made. \n3) Any cancellation under this section must be in writing. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79G",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79G",
    "legislation_id": "ukpga/1989/41",
    "title": "Cancellation of registration.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.579197Z",
    "text": "Section 79S) **General functions of the Assembly.**\n\n1) The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care, or intend to do so. \n2) In relation to child minding and day care provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly;  . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/79S",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/79S",
    "legislation_id": "ukpga/1989/41",
    "title": "General functions of the Assembly.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.282804Z",
    "text": "Section 27) **Co-operation between authorities.**\n\n1) Where it appears to a local authority that any authority  ... mentioned in subsection (3) could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that other authority  ... specifying the action in question. \n2) An authority whose help is so requested shall comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their functions. \n3) The authorities are— \n\ta) any local authority; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) any local housing authority; \n\tca) NHS England ; \n\td) any integrated care board, Local Health Board , Special Health Authority  ... , National Health Service trust or NHS foundation trust ; \n\tda) any local authority in Wales ; and \n\te) any person authorised by the Secretary of State for the purposes of this section. \n3A) The Secretary of State must not authorise the Welsh Ministers under subsection (3)(e) without their consent. \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/27",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/27",
    "legislation_id": "ukpga/1989/41",
    "title": "Co-operation between authorities.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 27,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.971831Z",
    "text": "SCHEDULE 9 Section 71(16). *Applications for registration*\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Disqualification from registration*\n\n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exemption of certain schools*\n\n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exemption for other establishments*\n\n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Exemption for occasional facilities*\n\n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Certificates of registration*\n\n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Fees for annual inspection of premises*\n\n7) \n1) Where— \n\ta) a person is registered under section 71, and \n\tb) the local authority concerned make an annual inspection of the premises in question under section 76, they shall serve on that person a notice informing him that the inspection is to be carried out and requiring him to pay to them such fee as may be prescribed. \n2) It shall be a condition of the continued registration of that person under section 71 that the fee is so paid before the expiry of the period of twenty-eight days beginning with the date on which the inspection is carried out. *Co-operation between authorities*\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/schedule/9",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/schedule/9",
    "legislation_id": "ukpga/1989/41",
    "title": "Applications for registration",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.238118Z",
    "text": "Section 24B) **Employment, education and training.**\n\n1) The relevant local authority may give assistance to any person who qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a) by contributing to expenses incurred by him in living near the place where he is, or will be, employed or seeking employment. \n2) The relevant local authority may give assistance to a person to whom subsection (3) applies by— \n\ta) contributing to expenses incurred by the person in question in living near the place where he is, or will be, receiving education or training; or \n\tb) making a grant to enable him to meet expenses connected with his education or training. \n3) This subsection applies to any person who— \n\ta) is under twenty-five ; and \n\tb) qualifies for advice and assistance by virtue of section 24(1A) or section 24(2)(a), or would have done so if he were under twenty-one. \n4) Where a local authority are assisting a person under subsection (2) they may disregard any interruption in his attendance on the course if he resumes it as soon as is reasonably practicable. \n5) Where the local authority are satisfied that a person to whom subsection (3) applies who is in full-time further or higher education needs accommodation during a vacation because his term-time accommodation is not available to him then, they shall give him assistance by— \n\ta) providing him with suitable accommodation during the vacation; or \n\tb) paying him enough to enable him to secure such accommodation himself. \n6) The Secretary of State may prescribe the meaning of “full-time”, “further education”, “higher education” and “vacation” for the purposes of subsection (5). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/24B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/24B",
    "legislation_id": "ukpga/1989/41",
    "title": "Employment, education and training.",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.482066Z",
    "text": "Section 57) **Closure by local authority of controlled or assisted community home.**\n\n1) The local authority specified in the instrument of management for a controlled or assisted community home may give— \n\ta) the Secretary of State; and \n\tb) the voluntary organisation by which the home is provided, not less than two years’ notice in writing of their intention to withdraw their designation of the home as a controlled or assisted community home. \n2) A notice under subsection (1) shall specify the date (“the specified date”) on which the designation is to be withdrawn. \n3) Where— \n\ta) a notice is given under subsection (1) in respect of a controlled or assisted community home; \n\tb) the home’s managers give notice in writing to the Secretary of State that they are unable or unwilling to continue as managers until the specified date; and \n\tc) the managers’ notice is not withdrawn, the Secretary of State may by order revoke the home’s instrument of management from such date earlier than the specified date as may be specified in the order. \n4) Before making an order under subsection (3), the Secretary of State shall consult the local authority and the voluntary organisation. \n5) Where a notice has been given under subsection (1) and is not withdrawn, the home’s instrument of management shall cease to have effect on— \n\ta) the specified date; or \n\tb) where an earlier date has been specified under subsection (3), that earlier date, and the home shall then cease to be a community home. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/57",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/57",
    "legislation_id": "ukpga/1989/41",
    "title": "Closure by local authority of controlled or assisted community home.",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 57,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.081749Z",
    "text": "Section 16B) **Application to local authorities in England**\n\n1) This Part applies in relation to local authorities in England. \n2) Accordingly, unless the contrary intention appears, a reference in this Part to a local authority means a local authority in England. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/16B",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/16B",
    "legislation_id": "ukpga/1989/41",
    "title": "Application to local authorities in England",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.663095Z",
    "text": "Section 89) **. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .**\n ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/89",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/89",
    "legislation_id": "ukpga/1989/41",
    "title": ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 89,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2025-10-18T05:25:05.296049Z",
    "text": "Section 30A) **Meaning of appropriate national authority**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/1989/41/section/30A",
    "uri": "http://www.legislation.gov.uk/ukpga/1989/41/section/30A",
    "legislation_id": "ukpga/1989/41",
    "title": "Meaning of appropriate national authority",
    "extent": [
      "England",
      "Wales",
      "Scotland"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 1989,
    "legislation_number": 41,
    "act_name": "Children Act 1989"
  },
  {
    "created_at": "2026-01-29T04:47:56.169081Z",
    "text": "Section 69) **Short title**\nThis Act may be cited as the Children Act 2004. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/69",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/69",
    "legislation_id": "ukpga/2004/31",
    "title": "Short title",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 69,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169145Z",
    "text": "SCHEDULE 3 Advisory and support services for family proceedings Section 40 *Domestic Proceedings and Magistrates' Courts Act 1978 (c. 22)*\n\n1) In section 26 of the Domestic Proceedings and Magistrates' Courts Act 1978 (reconciliation), in subsection (2), after  “Criminal Justice and Court Services Act 2000)” insert “\n                , a Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004)\n         ” . *Child Abduction and Custody Act 1985 (c. 60)*\n\n2) The Child Abduction and Custody Act 1985 is amended as follows. \n3) In sections 6(a) and 21(a)\n\n\t\t\t(reports), after  “an officer of the Service” insert “\n                or a Welsh family proceedings officer\n         ” . \n4) In section 27 (interpretation), after subsection (5) insert— \n5A) In this Act  “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004 . *Children Act 1989 (c. 41)*\n\n5) The Children Act 1989 is amended as follows. \n6) In section 7 (welfare reports), in subsections (1)(a) and (b) and (5), after  “an officer of the Service” insert “\n                or a Welsh family proceedings officer\n         ” . \n7) In section 16 (family assistance orders), in subsection (1), after  “an officer of the Service” insert “\n                or a Welsh family proceedings officer\n         ” . \n8) \n1) Section 26 (review of cases etc) is amended as follows. \n2) In subsection (2A)(c) after  “Service” insert “\n                    or a Welsh family proceedings officer\n           ” . \n3) After subsection (2C) insert— \n2D) The power to make regulations in subsection (2C) is exercisable in relation to functions of Welsh family proceedings officers only with the consent of the National Assembly for Wales. \n9) \n1) Section 41 (representation of child) is amended as follows. \n2) In subsection (1), after  “an officer of the Service” insert “\n                    or a Welsh family proceedings officer\n           ” . \n3) In subsections (2) and (4)(a), after  “officer of the Service” insert “\n                    or Welsh family proceedings officer\n           ” . \n4) In subsection (10)— \n\ta) in paragraphs (a) and (b), after  “officer of the Service” insert “\n                        or Welsh family proceedings officer\n             ” ; \n\tb) in paragraph (c), after  “officers of the Service” insert “\n                        or Welsh family proceedings officers\n             ” . \n5) In subsection (11), after  “an officer of the Service” insert “\n                    or a Welsh family proceedings officer\n           ” . \n10) In section 42 (rights of officers of the Service), in subsections (1) and (2), after  “an officer of the Service” insert “\n                or Welsh family proceedings officer\n         ” . \n11) In section 105(1)\n\n\t\t\t(interpretation), at the end insert— “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004. *Criminal Justice and Court Services Act 2000 (c. 43)*\n\n12) The Criminal Justice and Court Services Act 2000 is amended as follows. \n13) In section 12 (principal functions of CAFCASS), in subsection (1), after  “the welfare of children” insert “\n                other than children ordinarily resident in Wales\n         ” . \n14) In paragraph 1 of Schedule 2 (members of CAFCASS), for  “ten” substitute “\n                nine\n         ” . *Adoption and Children Act 2002 (c. 38)*\n\n15) The Adoption and Children Act 2002 is amended as follows. \n16) \n1) Section 102 (officers of the Service) is amended as follows. \n2) In subsection (1), at the end insert “\n                    or a Welsh family proceedings officer\n           ” . \n3) In subsection (7), after  “officer of the Service” insert “\n                    or a Welsh family proceedings officer\n           ” . \n4) After that subsection insert— \n8) In this section and section 103  “Welsh family proceedings officer” has the meaning given by section 35 of the Children Act 2004. \n17) In section 103 (rights of officers of the Service), in subsections (1) and (2), after  “officer of the Service” insert “\n                or a Welsh family proceedings officer\n         ” . *Sexual Offences Act 2003 (c. 42)*\n\n18) In section 21 of the Sexual Offences Act 2003 (positions of trust), in subsection (12)(a), after  “officer of the Service” insert “\n                or Welsh family proceedings officer (within the meaning given by section 35 of the Children Act 2004)\n         ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/schedule/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/schedule/3",
    "legislation_id": "ukpga/2004/31",
    "title": "Advisory and support services for family proceedings",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169011Z",
    "text": "Section 49) **Payments to foster parents**\n\n1) The appropriate person may by order make provision as to the payments to be made— \n\ta) by a local authority in England or Wales or a person exercising functions on its behalf to a local authority foster parent with whom any child is placed by that authority or person under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014 ; \n\tb) by a voluntary organisation to any person with whom any child is placed by that organisation under section 59(1)(a) of the Children Act 1989 . \n2) In subsection (1)— \n\t- “appropriate person” means— the Secretary of State, in relation to a  local authority in England;the Assembly, in relation to a  local authority in Wales;\n\t- ...\n\t- “local authority foster parent” has the same meaning as in section 105(1) of the Children Act 1989;\n\t- “voluntary organisation” has the same meaning as in the Children Act 1989.\n3) In section 23(2)(a) of the Children Act 1989, at the end insert . “\n                    (subject to section 49 of the Children Act 2004)\n             ” \n4) In section 59(1)(a) of that Act, at the end insert “\n                    (subject to section 49 of the Children Act 2004)\n             ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/49",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/49",
    "legislation_id": "ukpga/2004/31",
    "title": "Payments to foster parents",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 49,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169141Z",
    "text": "SCHEDULE 2 Director of children’s services: consequential amendments Section 18 *Children and Young Persons Act 1933 (c. 12)*\n\n1) In section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities), in subsection (8), for  “or the chief education officer of the authority” substitute “\n                of the authority, the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales)\n         ” . *Local Authority Social Services Act 1970 (c. 42)*\n\n2) \n1) The Local Authority Social Services Act 1970 is amended as follows. \n2) In section 6 (director of social services)— \n\ta) before subsection (1) insert— \n\tA1) A local authority in England shall appoint an officer, to be known as the director of adult social services, for the purposes of their social services functions, other than those for which the authority’s director of children’s services is responsible under section 18 of the Children Act 2004. ; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) in subsection (2), after  “director of”, in both places, insert “\n                        adult social services or (as the case may be)\n             ” ; \n\td) in subsection (6), for  “a director of social services” substitute “\n                        a person under this section\n             ” . \n3) In Schedule 1, in the entry for  “Sections 6 and 7B of this Act”, after the words  “Appointment of” insert “\n                    director of adult social services or\n           ” . *Local Government and Housing Act 1989 (c. 42)*\n\n3) In section 2 of the Local Government and Housing Act 1989 (politically restricted posts), in subsection (6)— \n\ta) after  “means—” insert— \n\t\tza) the director of children’s services appointed under section 18 of the Children Act 2004 and the director of adult social services appointed under section 6(A1) of the Local Authority Social Services Act 1970 (in the case of a local authority in England); ; \n\tb) in paragraph (a), at the end insert “\n                    (in the case of a local authority in Wales)\n           ” ; \n\tc) in paragraph (c) after  “director of social services” insert “\n                    (in the case of a local authority in Wales)\n           ” . *Education Act 1996 (c. 56)*\n\n4) \n1) The Education Act 1996 is amended as follows. \n2) In section 532 (appointment of chief education officer), for  “A local authority’s duties” substitute “\n                    The duties of a local education authority in Wales\n           ” . \n3) In section 566 (evidence: documents), in subsection (1)(a), for  “chief education officer of that authority” substitute “\n                    director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales)\n           ” . *Crime and Disorder Act 1998 (c. 37)*\n\n5) \n1) The Crime and Disorder Act 1998 is amended as follows. \n2) In section 8 (responsible officers in relation to parenting orders), in subsection (8)(bb), after  “nominated by” insert “\n                    a person appointed as director of children’s services under section 18 of the Children Act 2004 or by\n           ” . \n3) In section 39 (youth offending teams), in subsection (5)— \n\ta) after paragraph (a) insert— \n\t\taa) where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004; ; \n\tb) in paragraph (b) for  “a social worker of a” substitute “\n                        where the local authority is in Wales, a social worker of the\n             ” ; \n\tc) after paragraph (d) insert— \n\t\tda) where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004; ; \n\td) in paragraph (e) insert at the beginning “\n                        where the local authority is in Wales,\n             ” . *Protection of Children Act 1999 (c. 14)*\n\n6) In section 4C of the Protection of Children Act 1999 (restoration to the list) in subsection (1), for  “director of social services of a local authority” substitute “\n                director of children’s services of a local authority in England or a director of social services of a local authority in Wales\n         ” . *Criminal Justice and Court Services Act 2000 (c. 43)*\n\n7) \n1) The Criminal Justice and Court Services Act 2000 is amended as follows. \n2) In section 34 (restoration of disqualification order), in subsection (1), for  “a director of social services of a local authority” substitute “\n                    a director of children’s services of a local authority in England or a director of social services of a local authority in Wales\n           ” . \n3) In section 36 (meaning of  “regulated position”), in subsection (6)— \n\ta) after paragraph (b) insert— \n\t\tba) director of children’s services and director of adult social services of a local authority in England, ; \n\tb) in paragraph (c) at the end insert “\n                        in Wales\n             ” ; \n\tc) in paragraph (d) at the end insert “\n                        in Wales\n             ” . *Criminal Justice Act 2003 (c. 44)*\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/schedule/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/schedule/2",
    "legislation_id": "ukpga/2004/31",
    "title": "Director of children’s services: consequential amendments",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168974Z",
    "text": "Section 39) **Protection of children**\n\n1) The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as if the Assembly, in performing its functions under sections 35 and 36, were a child care organisation within the meaning of that Act. \n2) Arrangements which the Assembly makes with an organisation under section 36(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation— \n\ta) must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and \n\tb) if he is included in any of those lists, must not select him for that employment. \n3) Such arrangements must provide that, if at any time the organisation has power to refer an individual who is or has been employed in a child care position under the arrangements to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary actions etc ), the organisation must so refer him. \n4) In this section,  “child care position” and  “employment” have the same meanings as in the 1999 Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/39",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/39",
    "legislation_id": "ukpga/2004/31",
    "title": "Protection of children",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 39,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168762Z",
    "text": "Section 8A) **Children in England living away from home or receiving social care**\n\n1) For the purposes of this Part, a child is within this section if he or she is within any of subsections (2) to (5). \n2) A child is within this subsection if he or she is provided with accommodation by a school or college in England to which section 87(1) of the Children Act 1989 applies. \n3) A child is within this subsection if he or she is accommodated in an establishment (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act. \n4) A child is within this subsection if functions are being exercised in relation to him or her by an agency (within the meaning of the Care Standards Act 2000) in respect of which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under section 5 of that Act. \n5) A child is within this subsection if a local authority in England exercises social services functions (within the meaning of the Local Authority Social Services Act 1970) in relation to him or her. \n6) For the purposes of this Part, a person who is not a child is to be treated as a child who is within this section if— \n\ta) he or she is aged 18 or over and under 25, and \n\tb) a local authority in England has provided services to him or her under any of sections 23C to 24D of the Children Act 1989 at any time after he or she reached the age of 16. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/8A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/8A",
    "legislation_id": "ukpga/2004/31",
    "title": "Children in England living away from home or receiving social care",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169028Z",
    "text": "Section 53) **Ascertaining children’s wishes**\n\n1) In section 17 of the Children Act 1989 (provision of services to children), after subsection (4) insert— \n4A) Before determining what (if any) services to provide for a particular child in need in the exercise of functions conferred on them by this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— \n\ta) ascertain the child’s wishes and feelings regarding the provision of those services; and \n\tb) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain. \n2) In section 20 of that Act (provision of accommodation for children: general), in subsection (6)(a) and (b), after  “wishes” insert “\n                    and feelings\n             ” . \n3) In section 47 of that Act (local authority’s duty to investigate), after subsection (5) insert— \n5A) For the purposes of making a determination under this section as to the action to be taken with respect to a child, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— \n\ta) ascertain the child’s wishes and feelings regarding the action to be taken with respect to him; and \n\tb) give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/53",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/53",
    "legislation_id": "ukpga/2004/31",
    "title": "Ascertaining children’s wishes",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 53,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169031Z",
    "text": "Section 54) **Information about individual children**\nIn section 83 of the Children Act 1989 (c. 41)\n\t\t\t(research and returns of information), after subsection (4) insert— \n4A) Particulars required to be transmitted under subsection (3) or (4) may include particulars relating to and identifying individual children. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/54",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/54",
    "legislation_id": "ukpga/2004/31",
    "title": "Information about individual children",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 54,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169137Z",
    "text": "SCHEDULE 1 Children’s Commissioner Section 1 *Status*\n\n1) \n1) The Children’s Commissioner is to be a corporation sole. \n2) The Children’s Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and his property is not to be regarded as property of, or property held on behalf of, the Crown. *General powers*\n\n2) \n1) The Children’s Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions. \n2) In particular he may— \n\ta) co-operate with other public authorities in the United Kingdom; \n\tb) enter into contracts; and \n\tc) acquire, hold and dispose of any property. *Appointment and tenure of office*\n\n3) \n1) The Children’s Commissioner is to be appointed by the Secretary of State. \n2) The Secretary of State must take reasonable steps to involve children in the appointment of the Children’s Commissioner. \n3) Subject to the provisions of this paragraph, a person shall hold and vacate office as the Children’s Commissioner in accordance with the terms and conditions of his appointment as determined by the Secretary of State. \n4) An appointment as the Children’s Commissioner shall be for a term not exceeding six years . \n5) A person who has held office as the Children’s Commissioner is not eligible for reappointment . \n6) The Children’s Commissioner may at any time resign by notice in writing to the Secretary of State. \n7) The Secretary of State may remove the Children’s Commissioner from office if he is satisfied that he has— \n\ta) become unfit or unable properly to discharge his functions; or \n\tb) behaved in a way that is not compatible with his continuing in office. *Interim appointments*\n\n3A) \n1) Where there is a vacancy in the office of Children's Commissioner, the Secretary of State may appoint a person as interim Children's Commissioner. \n2) Subject to the provisions of this paragraph, a person holds and vacates office as interim Children's Commissioner in accordance with the terms and conditions of the appointment as determined by the Secretary of State. \n3) An appointment as interim Children's Commissioner is for a term ending— \n\ta) with the appointment of a person as the Children's Commissioner under paragraph 3, or \n\tb) if sooner, at the end of the period of six months beginning with the date on which the appointment as interim Children's Commissioner was made. \n4) A person who has held office as interim Children's Commissioner— \n\ta) is eligible for reappointment, and \n\tb) is eligible for appointment as the Children's Commissioner. \n5) An interim Children's Commissioner may at any time resign by notice in writing to the Secretary of State. \n6) The Secretary of State may remove an interim Children's Commissioner from office if satisfied that the interim Commissioner has— \n\ta) become unfit or unable properly to discharge his or her functions; or \n\tb) behaved in a way that is not compatible with continuing in office. *Remuneration*\n\n4) The Secretary of State must— \n\ta) pay the Children’s Commissioner such remuneration and allowances, and \n\tb) pay or make provision for the payment of such pension or gratuities to or in respect of him, as may be provided under the terms of his appointment. *Staff*\n\n5) \n1) The Children’s Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions  .... \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3)  ... Any member of the Children’s Commissioner’s staff may, so far as authorised by him, exercise any of his functions. *Pensions*\n\n6) \n1) In the Superannuation Act 1972 (c. 11), in Schedule 1 (kinds of employment etc to which section 1 of that Act applies)— \n\ta) in the list of  “Other Bodies”, at the end insert “\n                        Employment by the Children’s Commissioner\n             ” ; \n\tb) in the list of  “Offices”, at the appropriate place insert “\n                        Children’s Commissioner\n             ” . \n2) The Secretary of State must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972. *Funding*\n\n7) The Secretary of State may make payments to the Children’s Commissioner of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate. *Accounts*\n\n8) \n1) The Children’s Commissioner must— \n\ta) keep proper accounting records; \n\tb) prepare a statement of accounts for each financial year; and \n\tc) send a copy of each such statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as possible after the end of the financial year to which the statement relates. \n2) The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him under sub-paragraph (1)(c) and must lay copies of the statement and of his report before Parliament. \n3) In this paragraph,  “financial year” means— \n\ta) the period beginning with the date on which the first Children’s Commissioner is appointed and ending with 31st March next following that date; and \n\tb) each successive period of twelve months ending with 31st March. *Evidence*\n\n9) \n1) A document purporting to be duly executed under the seal of the Children’s Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed. \n2) This paragraph does not extend to Scotland. *Protection from defamation actions*\n\n10) For the purposes of the law of defamation— \n\ta) any statement made by the Children’s Commissioner in a report published under this Part has absolute privilege; and \n\tb) any other statement made by the Children’s Commissioner or a member of his staff for the purposes of this Part has qualified privilege. *Regulated position*\n\n11) In the Criminal Justice and Court Services Act 2000 (c. 43), in section 36(6) (meaning of  “regulated position”), after paragraph (f) insert— \n\tfa) Children’s Commissioner and deputy Children’s Commissioner appointed under Part 1 of the Children Act 2004, . *Disqualifications*\n\n12) In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “\n                Children’s Commissioner\n         ” ; “\n                Member of staff of the Children’s Commissioner\n         ” . \n13) In the Northern Ireland Assembly Disqualification Act 1975 (c. 25), in Part 3 of Schedule 1 (certain disqualifying offices), at the appropriate places insert the following entries— “\n                Children’s Commissioner\n         ” ; “\n                Member of staff of the Children’s Commissioner\n         ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/schedule/1",
    "legislation_id": "ukpga/2004/31",
    "title": "Children’s Commissioner",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168993Z",
    "text": "Section 44) **Amendments to notification scheme**\n\n1) Section 67 of the Children Act 1989 (c. 41)\n\t\t\t\t\t(welfare of privately fostered children) is amended as specified in subsections (2) to (6). \n2) In subsection (1)— \n\ta) after  “who are” insert “\n                        or are proposed to be\n               ” ; \n\tb) after  “is being” insert “\n                        or will be\n               ” ; \n\tc) for  “caring for” substitute “\n                        concerned with\n               ” . \n3) After subsection (2) insert— \n2A) Regulations under subsection (2)(b) may impose requirements as to the action to be taken by a local authority for the purposes of discharging their duty under subsection (1) where they have received notification of a proposal that a child be privately fostered. \n4) In subsection (3) for  “to visit privately fostered children” substitute “\n                    for the purpose\n             ” . \n5) In subsection (5)— \n\ta) after  “child who is” insert “\n                        or is proposed to be\n               ” ; \n\tb) after  “is being” insert “\n                        or will be\n               ” . \n6) After subsection (5) insert— \n6) The Secretary of State may make regulations requiring a local authority to monitor the way in which the authority discharge their functions under this Part (and the regulations may in particular require the authority to appoint an officer for that purpose). \n7) In Schedule 8 to that Act (privately fostered children) after paragraph 7 insert— \n\nSection 7A) ****\nEvery local authority must promote public awareness in their area of requirements as to notification for which provision is made under paragraph 7. \n8) The reference to that Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/44",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/44",
    "legislation_id": "ukpga/2004/31",
    "title": "Amendments to notification scheme",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 44,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169149Z",
    "text": "SCHEDULE 4 Child minding and day care Section 48 \n1) Part 10A of the Children Act 1989 (c. 41) is amended as follows. *Amendments relating to child minding and day care*\n *Conditions imposed by justice of the peace or tribunal*\n\n2) \n1) In section 79B(3)(d) and (4)(d), for  “by the registration authority” substitute “\n                    under this Part\n           ” . \n2) In section 79G(2), omit  “under section 79F(3)”. *Application fees*\n\n3) \n1) In section 79E(2), at the end insert— \n\tc) be accompanied by the prescribed fee. \n2) In section 79F(1) and (2)— \n\ta) after  “on an application” insert “\n                        under section 79E\n             ” ; \n\tb) omit paragraph (b) and the preceding  “and”. *Fees payable by registered persons*\n\n4) \n1) In section 79G(1), for  “an annual fee” substitute “\n                    a fee\n           ” . \n2) In Schedule 9A— \n\ta) in the heading before paragraph 7, omit  “Annual”; \n\tb) in paragraph 7, for the words from  “at prescribed times” to the end substitute “\n                        , at or by the prescribed times, fees of the prescribed amounts in respect of the discharge by the registration authority of its functions under Part XA.\n             ” *Waiver of disqualification*\n\n5) In Schedule 9A, in paragraph 4(3A)— \n\ta) after  “disqualified for registration” insert “\n                    (and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5))\n           ” ; \n\tb) in paragraph (b), omit  “to his registration”. *Amendments relating to day care only*\n *Qualification for registration*\n\n6) In section 79B(4)— \n\ta) for paragraphs (a) and (b) substitute— \n\t\ta) he has made adequate arrangements to ensure that— \n\t\t\ti) every person (other than himself and the responsible individual) looking after children on the premises is suitable to look after children under the age of eight; and \n\t\t\tii) every person (other than himself and the responsible individual) living or working on the premises is suitable to be in regular contact with children under the age of eight; \n\t\tb) the responsible individual— \n\t\t\ti) is suitable to look after children under the age of eight, or \n\t\t\tii) if he is not looking after such children, is suitable to be in regular contact with them; ; \n\tb) in subsection (5), for  “(4)(b)” substitute “\n                    (4)(a)\n           ” ; \n\tc) after subsection (5) insert— \n\t5ZA) For the purposes of subsection (4),  “the responsible individual” means— \n\t\ta) in a case of one individual working on the premises in the provision of day care, that person; \n\t\tb) in a case of two or more individuals so working, the individual so working who is in charge. *Hotels etc*\n\n7) In Schedule 9A, after paragraph 2 insert— \n2A) \n1) Part XA does not apply to provision of day care in a hotel, guest house or other similar establishment for children staying in that establishment where— \n\ta) the provision takes place only between 6 pm and 2 am; and \n\tb) the person providing the care is doing so for no more than two different clients at the same time. \n2) For the purposes of sub-paragraph (1)(b), a  “client” is a person at whose request (or persons at whose joint request) day care is provided for a child. *Prohibition in respect of disqualified persons*\n\n8) In Schedule 9A, in paragraph 4(4)— \n\ta) after  “or be” insert “\n                    directly\n           ” ; \n\tb) omit  “, or have any financial interest in,”. *Unincorporated associations*\n\n9) In Schedule 9A, after paragraph 5 insert— *Provision of day care: unincorporated associations*\n\n5A) \n1) References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association. \n2) Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members). \n3) For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate. \n4) In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate. \n5) A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association. \n6) If an offence under Part XA committed by an unincorporated association is shown— \n\ta) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or \n\tb) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/schedule/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/schedule/4",
    "legislation_id": "ukpga/2004/31",
    "title": "Child minding and day care",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169007Z",
    "text": "Section 48) **Child minding and day care**\nSchedule 4 (which makes provision amending Part 10A of the Children Act 1989 (c. 41) in relation to child minding and day care) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/48",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/48",
    "legislation_id": "ukpga/2004/31",
    "title": "Child minding and day care",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 48,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169058Z",
    "text": "Section 62) **Publication of material relating to legal proceedings**\n\n1) In section 97(2) of the Children Act 1989 (c. 41)\n\t\t\t\t\t(privacy for children involved in certain proceedings), after  “publish” insert “\n                    to the public at large or any section of the public\n             ” . \n2) In section 12(4) of the Administration of Justice Act 1960 (c. 65)\n\t\t\t\t\t(publication of information relating to proceedings in private), at the end insert  “(and in particular where the publication is not so punishable by reason of being authorised by rules of court)”. \n3) In section 66 of the Adoption Act 1976 (c. 36)\n\t\t\t\t\t(rules of procedure), after subsection (5) insert— \n5A) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children. \n4) In section 145(1) of the Magistrates' Courts Act 1980 (c. 43)\n\t\t\t\t\t(rules: supplementary), after paragraph (g) insert— \n\tga) authorising, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to proceedings referred to in section 12(1)(a) of the Administration of Justice Act 1960 which are held in private; . \n5) In section 40(4) of the Matrimonial and Family Proceedings Act 1984 (c. 42)\n\t\t\t\t\t(family proceedings rules), in paragraph (a) after  “County Courts Act 1984;” insert— \n\taa) authorise, for the purposes of the law relating to contempt of court, the publication in such circumstances as may be specified of information relating to family proceedings held in private; . \n6) In section 141 of the Adoption and Children Act 2002 (c. 38)\n\t\t\t\t\t(rules of procedure) at the end insert— \n6) Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to proceedings held in private involving children. \n7) In section 76 of the Courts Act 2003 (c. 39)\n\t\t\t\t\t(Family Procedure Rules: further provision) after subsection (2) insert— \n2A) Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/62",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/62",
    "legislation_id": "ukpga/2004/31",
    "title": "Publication of material relating to legal proceedings",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 62,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168894Z",
    "text": "Section 18) **Director of children’s services**\n \n1) A local authority in England may, and with effect from the appointed day must, appoint an officer for the purposes of— \n\ta) the functions conferred on or exercisable by the authority which are specified in subsection (2); and \n\tb) such other functions conferred on or exercisable by the authority as may be prescribed by the Secretary of State by regulations. \n2) The functions referred to in subsection (1)(a) are— \n\ta) education functions conferred on or exercisable by the authority  . . . ; \n\tb) functions conferred on or exercisable by the authority which are social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)), so far as those functions relate to children; \n\tc) the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41)\n\t\t\t\t\t\t\t(so far as not falling within paragraph (b)); \n\td) the functions conferred on the authority under sections 10 to 12 , 12C, 12D and 17A of this Act;  . . . \n\te) any functions exercisable by the authority under section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 on behalf of an NHS body (within the meaning of those sections ), so far as those functions relate to children ;  ... \n\tf) the functions conferred on the authority under Part 1 of the Childcare Act 2006, and \n\tg) any function conferred on the authority under section 2 of the Childcare Act 2016. \n3) Subsection (2)(a) does not include— \n\ta) functions under section 120(3) of the Education Reform Act 1988 (c. 40)\n\t\t\t\t\t\t\t(functions of LEAs with respect to higher and further education); \n\tb) functions under section 85(2) and (3) of the Further and Higher Education Act 1992 (c. 13)\n\t\t\t\t\t\t\t(finance and government of locally funded further and higher education); \n\tc) functions under section 15B of the Education Act 1996 (c. 56)  . . . (education for persons who have attained the age of 19); \n\td) functions under section 22 of the Teaching and Higher Education Act 1998 (c. 30)\n\t\t\t\t\t\t\t(financial support to students); \n\te) such other education functions conferred on or exercisable by a local authority in England  . . .  as the Secretary of State may by regulations prescribe. \n4) An officer appointed by a local authority in England under this section is to be known as their  “director of children’s services”. \n5) The director of children’s services appointed by a local authority in England may also have responsibilities relating to such functions conferred on or exercisable by the authority, in addition to those specified in subsection (1), as the authority consider appropriate. \n6) The functions in relation to which a director of children’s services may have responsibilities by virtue of subsection (5) include those referred to in subsection (3)(a) to (e). \n7) A local authority in England must have regard to any guidance given to them by the Secretary of State for the purposes of this section. \n8) Two or more local authorities in England may for the purposes of this section, if they consider that the same person can efficiently discharge, for both or all of them, the responsibilities of director of children’s services, concur in the appointment of a person as director of children’s services for both or all of them. \n9) The amendments in Schedule 2— \n\ta) have effect, in relation to any authority which appoint a director of children’s services before the appointed day, from the day of his appointment; and \n\tb) on and after the appointed day have effect for all purposes. \n10) In this section— \n\t- “the appointed day” means such day as the Secretary of State may by order appoint;\n\t- “education functions” has the meaning given by section 579(1) of the Education Act 1996.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/18",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/18",
    "legislation_id": "ukpga/2004/31",
    "title": "Director of children’s services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169038Z",
    "text": "Section 56) **Social services functions**\nIn Schedule 1 to the Local Authority Social Services Act 1970 (c. 42)\n\t\t\t(functions which are social services functions), at the end insert—  Children Act 2004Sections 13 to 16 and 31 to 34Functions relating to Local Safeguarding Children Boards. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/56",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/56",
    "legislation_id": "ukpga/2004/31",
    "title": "Social services functions",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 56,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169068Z",
    "text": "Section 65) **Interpretation**\n\n1) In this Act— \n\t- “the Assembly” means the National Assembly for Wales;\n\t- “child” means, subject to section 9, a person under the age of eighteen (and  “children” is to be construed accordingly);\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n\t- “local authority” means— a local authority in England;a local authority in Wales;\n\t- “local authority in England” means— a county council in England;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London Borough council;the Common Council of the City of London (in their capacity as a local authority);the Council of the Isles of Scilly;\n\t- “local authority in Wales” means— a county council in Wales;a county borough council;\n2) This Act applies in relation to the Isles of Scilly subject to such modifications as may be specified by order made by the Secretary of State. \n3) In this Act— \n\ta) references to a prison include a young offender institution; \n\tb) references to a contracted out secure training centre, and to the contractor in relation to such a secure training centre, have the meanings given by section 15 of the Criminal Justice and Public Order Act 1994 (c. 33); \n\tc) references to a contracted out prison, and to the contractor in relation to such a prison, have the meanings given by section 84(4) of the Criminal Justice Act 1991 (c. 53). \n\td) references to a directly managed secure college and to a contracted-out secure college, and to the contractor in relation to a contracted-out secure college, have the meanings given by paragraph 27 of Schedule 10 to the Criminal Justice and Courts Act 2015. \n4) Where— \n\ta) a contract under section 7 of the Criminal Justice and Public Order Act 1994 is for the time being in force in relation to part of a secure training centre,  ... \n\tb) a contract under section 84 of the Criminal Justice Act 1991 is for the time being in force in relation to part of a prison, or \n\tc) a contract under paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015 is for the time being in force in relation to part of a secure college”, and this Act has effect as if each part of the secure training centre , prison or secure college were a separate institution. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/65",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/65",
    "legislation_id": "ukpga/2004/31",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 65,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169048Z",
    "text": "Section 59) **Power to give financial assistance**\n\n1) Section 14 of the Education Act 2002 (c. 32)\n\n\t\t\t\t\t(power of Secretary of State and Assembly to give financial assistance for purposes related to education or childcare) is amended as specified in subsections (2) to (4). \n2) In subsection (2) of that section (purposes for which assistance may be given), at the end insert— \n\tj) the promotion of the welfare of children and their parents; \n\tk) the provision of support for parenting (including support for prospective parents). \n3) After that subsection insert— \n2A) In subsection (2)(j),  “children” means persons under the age of twenty. \n4) In the heading to that section, for  “childcare” substitute “\n                    children etc\n             ” . \n5) In the heading to Part 2 of that Act, for  “childcare” substitute “\n                    children etc\n             ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/59",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/59",
    "legislation_id": "ukpga/2004/31",
    "title": "Power to give financial assistance",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 59,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168890Z",
    "text": "Section 17A) **Children and young people's plans: implementation**\n\n1) This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17. \n2) The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions. \n3) The Board must— \n\ta) monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan; \n\tb) prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/17A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/17A",
    "legislation_id": "ukpga/2004/31",
    "title": "Children and young people's plans: implementation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168981Z",
    "text": "Section 41) **Sharing of information**\n\n1) The Assembly and the Children and Family Court Advisory and Support Service may provide any information to each other for the purposes of their respective functions under this Part and Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43). \n2) A Welsh family proceedings officer and an officer of the Service (within the meaning given by section 11(3) of that Act) may provide any information to each other for the purposes of any of their respective functions. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/41",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/41",
    "legislation_id": "ukpga/2004/31",
    "title": "Sharing of information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 41,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169024Z",
    "text": "Section 52) **Duty of local authorities to promote educational achievement**\nIn section 22 of the Children Act 1989 (c. 41)\n\t\t\t(general duty of local authority in relation to children looked after by them), after subsection (3) insert— \n3A) The duty of a local authority under subsection (3)(a) to safeguard and promote the welfare of a child looked after by them includes in particular a duty to promote the child’s educational achievement. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/52",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/52",
    "legislation_id": "ukpga/2004/31",
    "title": "Duty of local authorities to promote educational achievement",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 52,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168767Z",
    "text": "Section 9) **Commissioner's functions in relation to certain young people**\n\n1) This section applies for the purposes of this Part, other than sections 2A and 8A (and references in this Part to a child who is within section 8A). \n2) For the purposes of the Children's Commissioner's functions in respect of children in England, a reference to a child includes, in addition to a person under the age of 18— \n\ta) a person aged 18 or over for whom an EHC plan is maintained by a local authority, \n\tb) a person aged 18 or over and under 25 to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16, or \n\tc) a person aged 18 or over and under 25 who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16. \n3) For the purposes of the Children's Commissioner's functions in respect of children in Wales, Scotland and Northern Ireland, a reference to a child includes, in addition to a person under the age of 18, a person aged 18 or over and under 25— \n\ta) who has a learning disability, \n\tb) who has been looked after by a local authority (in Wales, Scotland or Northern Ireland) at any time after reaching the age of 16, or \n\tc) to whom a local authority in England has provided services under any of sections 23C to 24D of the Children Act 1989 at any time after reaching the age of 16. \n4) For the purposes of this section— \n\t- “EHC plan” means a plan within section 37(2) of the Children and Families Act 2014 (education, health and care plans);\n\t- “learning disability” means a state of arrested or incomplete development of mind which induces significant impairment of intelligence and social functioning;\n\t- a person is  “looked after by a local authority” if— for the purposes of the Social Services and Well-being (Wales) Act 2014, he or she is looked after by a local authority in Wales;for the purposes of the Children (Scotland) Act 1995, he or she is looked after by a local authority in Scotland;for the purposes of the Children (Northern Ireland) Order 1995, he or she is looked after by an authority in Northern Ireland.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/9",
    "legislation_id": "ukpga/2004/31",
    "title": "Commissioner's functions in relation to certain young people",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169153Z",
    "text": "SCHEDULE 5 Repeals Section 64 ## Part 1\n## Plans\n\nShort title and chapterExtent of repealChildren Act 1989 (c. 41)In Schedule 2, paragraph 1A.Education Act 1996 (c. 56)Section 527A.Education Act 1997 (c. 44)Section 9.School Standards and Framework Act 1998 (c. 31)Section 2.Sections 6 and 7.Sections 26 to 26B.In section 27(2), the words  “section 26,”.Section 119(5)(b) and the preceding  “and”.Sections 120 and 121.In Schedule 6—paragraph 3(4)(b) and the preceding  “and”;paragraph 8(4).In Schedule 30, paragraph 144.Learning and Skills Act 2000 (c. 21)In Schedule 7—paragraph 35(2)(b);paragraph 42(2)(a).In Schedule 9, paragraphs 80 and 81.Adoption and Children Act 2002 (c. 38)Section 5.Education Act 2002 (c. 32)In section 150—subsections (2) to (4);in subsection (5), the words from  “and early years development plans” to  “childcare plans””. \n\nSection a) ****\nThese repeals come into force— so far as relating to England, in accordance with provision made by order by the Secretary of State; \n\t\t\tb) so far as relating to Wales, in accordance with provision so made by the Assembly. ## Part 2\n## Child minding and day care\n\nShort title and chapterExtent of repealChildren Act 1989 (c. 41)In section 79F(1) and (2), paragraph (b) and the preceding  “and”.In section 79G(2), the words  “under section 79F(3)”.In Schedule 9A—in paragraph 4(3A)(b), the words  “to his registration”;in paragraph 4(4), the words  “, or have any financial interest in,”;in the heading before paragraph 7, the word  “Annual”. \n\nSection a) ****\nThese repeals come into force— so far as relating to England, in accordance with provision made by order by the Secretary of State; \n\t\t\tb) so far as relating to Wales, in accordance with provision so made by the Assembly. ## Part 3\n## Inspection of local education authorities\n\nShort title and chapterExtent of repealDisability Discrimination Act 1995 (c. 50)Section 28D(6). \n\nSection a) ****\nThis repeal comes into force— so far as relating to England, in accordance with provision made by order by the Secretary of State; \n\t\t\tb) so far as relating to Wales, in accordance with provision so made by the Assembly. ## Part 4\n## Social services committees and departments\n\nShort title and chapterExtent of repealChildren and Young Persons Act 1933 (c. 12)In section 96(7), the words from  “Subject to” to  “that committee)”.Children and Young Persons Act 1963 (c. 37)In section 56(2)—the words  “and subsection (1) of section 3 of the Local Authority Social Services Act 1970”;the words  “and section 2 of the said Act of 1970 respectively”.Local Authority Social Services Act 1970 (c. 42)Sections 2 to 5.Local Government Act 1972 (c. 70)Section 101(9)(f).Mental Health Act 1983 (c. 20)In section 14, the words  “of their social services department”.Police and Criminal Evidence Act 1984 (c. 60)In section 63B(10), in the definition of  “appropriate adult”, the words  “social services department”.Local Government and Housing Act 1989 (c. 42)Section 13(2)(c).In Schedule 1, in paragraph 4(2)—in paragraph (a) of the definition of  “ordinary sub-committee”, the words from  “of the authority's” to  “any other sub-committee”; andthe definition of  “social services committee”.Criminal Justice Act 1991 (c. 53)In sections 43(5) and 65(1)(b) and (1B)(a), the words  “social services department”.Crime (Sentences) Act 1997 (c. 43)In section 31(2A)(b), the words  “social services department of the”.In Schedule 1, in the table in paragraph 9(6), the words  “social services department”.Crime and Disorder Act 1998 (c. 37)The words  “social services department” in—section 1AA(9) and (10)(a);section 8(8)(b);section 9(2B)(b);section 11(8)(a);section 18(4)(a);section 39(5)(b);section 65(7)(b);section 98(3)\n\t\t\t\t\t\t\t\t\t(in the words substituted by that provision).Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)The words  “social services department” in—section 46(5)(a) and (b);section 69(4)(b), (6)(a) and (10)(a);section 73(5);section 74(5)(b) and (7)(a);section 103(3)(b) and (5)(a);section 162(2)(a) and (b).Local Government Act 2000 (c. 22)Section 102(1).Criminal Justice and Court Services Act 2000 (c. 43)In section 64(6), in the definition of  “appropriate adult”, the words  “social services department”.Criminal Justice Act 2003 (c. 44)The words  “social services department” in—section 158(2)(b);section 161(8)(b);section 199(4)(b);paragraph 5(4) of Schedule 38 (in the words substituted by that provision). \n\nSection a) ****\nThese repeals come into force— so far as relating to England, in accordance with provision made by order by the Secretary of State; \n\t\t\tb) so far as relating to Wales, in accordance with provision so made by the Assembly. ## Part 5\n## Reasonable punishment\n\nShort title and chapterExtent of repealChildren and Young Persons Act 1933 (c. 12)Section 1(7). This repeal comes into force at the same time as section 58. ## Part 6\n## Child safety orders\n\nShort title and chapterExtent of repealCrime and Disorder Act 1998 (c. 37)Section 12(6)(a) and (7). These repeals come into force at the same time as section 60. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/schedule/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/schedule/5",
    "legislation_id": "ukpga/2004/31",
    "title": "Repeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
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    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168996Z",
    "text": "Section 45) **Power to establish registration scheme in England**\n\n1) The Secretary of State may by regulations require any person who fosters a child privately in the area of a local authority in England to be registered for private fostering by that authority in accordance with the regulations. \n2) Regulations under this section may make supplementary provision relating to the registration of persons for private fostering, including provision as to— \n\ta) how a person applies for registration and the procedure to be followed in considering an application; \n\tb) the requirements to be satisfied before a person may be registered; \n\tc) the circumstances in which a person is disqualified from being registered; \n\td) the circumstances in which an application for registration may or must be granted or refused; \n\te) the payment of a fee on the making or granting of an application for registration; \n\tf) the imposition of conditions on registration and the variation or cancellation of such conditions; \n\tg) the circumstances in which a person’s registration may be, or be regarded as, cancelled; \n\th) the making of appeals against any determination of a local authority in England in relation to a person’s registration; \n\ti) temporary registration, or circumstances in which a person may be regarded as registered; \n\tj) requirements to be complied with by a local authority in England or a person registered under the regulations. \n3) The provision which may be made under subsection (2)(a) includes provision that any person who, in an application for registration under the regulations, knowingly makes a statement which is false or misleading in a material particular is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. \n4) The requirements for which provision may be made under subsection (2)(b) include requirements relating to— \n\ta) the suitability of the applicant to foster children privately; \n\tb) the suitability of the premises in which it is proposed to foster children privately (including their suitability by reference to any other person living there). \n5) The provision which may be made under subsection (2)(c) includes provision that a person may be disqualified where— \n\ta) an order of a kind specified in the regulations has been made at any time with respect to him; \n\tb) an order of a kind so specified has been made at any time with respect to any child who has been in his care; \n\tc) a requirement of a kind so specified has been imposed at any time with respect to any such child, under or by virtue of any enactment; \n\td) he has been convicted of a criminal offence of a kind so specified, or a probation order has been made in respect of him for any such offence or he has been discharged absolutely or conditionally for any such offence; \n\te) a prohibition has been imposed on him under any specified enactment; \n\tf) his rights and powers with respect to a child have at any time been vested in a specified authority under a specified enactment; \n\tg) he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed. \n6) The provision which may be made under subsection (2)(c) also includes provision for a local authority in England to determine whether a person is or is not to be disqualified. \n7) The conditions for which provision may be made under subsection (2)(f) include conditions relating to— \n\ta) the maintenance of premises in which children are, or are proposed to be, privately fostered; \n\tb) any other persons living at such premises. \n8) The provision which may be made under subsection (2)(j) includes— \n\ta) a requirement that a person registered under the regulations obtain the consent of the local authority in England by whom he is registered before privately fostering a child; \n\tb) provision relating to the giving of such consent (including provision as to the circumstances in which, or conditions subject to which, it may or must be given). \n9) The provision which may be made under subsection (2)(j) also includes— \n\ta) a requirement for a local authority in England to undertake annual inspections in relation to persons registered under the regulations (whether in fact privately fostering children or not); and \n\tb) provision for the payment of a fee by registered persons in respect of such inspections. \n10) Regulations under this section may— \n\ta) authorise a local authority in England to issue a notice to any person whom they believe to be fostering a child privately in their area without being registered in accordance with the regulations; and \n\tb) provide that a person who, without reasonable excuse, fosters a child privately without being registered in accordance with the regulations while such a notice is issued in respect of him is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. \n11) Regulations under this section may provide that a person registered under the regulations who without reasonable excuse contravenes or otherwise fails to comply with any requirement imposed on him in the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. \n12) Regulations under this section may provide that a person who fosters a child privately while he is disqualified from being registered is guilty of an offence unless— \n\ta) he is disqualified by virtue of the fact that he lives in the same household as a person who is himself disqualified from being registered or in a household in which such a person is employed; and \n\tb) he did not know, and had no reasonable grounds for believing, that that person was so disqualified. \n13) Where regulations under this section make provision under subsection (12), they must provide that a person who is guilty of the offence referred to in that subsection is liable on summary conviction to— \n\ta) a fine not exceeding level 5 on the standard scale, or \n\tb) a term of imprisonment not exceeding 51 weeks (or, in the case of an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), not exceeding six months), or \n\tc) both. \n14) Regulations under this section may— \n\ta) make consequential amendments (including repeals) to sections 67(2) to (6) and 68 to 70 of, and paragraphs 6 to 9 of Schedule 8 to, the Children Act 1989 (c. 41); \n\tb) amend Schedule 1 to the Local Authority Social Services Act 1970 (c. 42)\n\t\t\t\t\t\t\t(social services functions) as to add functions of a local authority in England under this section to the functions listed in that Schedule. \n15) Nothing in this section affects the scope of section 66(1). \n16) For the purposes of this section references to a person fostering a child privately have the same meaning as in the Children Act 1989. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/45",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/45",
    "legislation_id": "ukpga/2004/31",
    "title": "Power to establish registration scheme in England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 45,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168919Z",
    "text": "Section 25) **Co-operation to improve well-being: Wales**\n\n1) Each local authority in Wales must make arrangements to promote co-operation between— \n\ta) the authority; \n\tb) each of the authority’s relevant partners; and \n\tc) such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area. \n1A) Each local authority in Wales must also make arrangements to promote co-operation between officers of the authority who exercise its functions. \n2) The arrangements under subsections (1) and (1A) are to be made with a view to— \n\ta) improving the well-being of children within the authority's area, in particular those with needs for care and support; \n\tb) improving the quality of care and support for children provided in the authority's area (including the outcomes that are achieved from such provision); \n\tc) protecting children who are experiencing, or are at risk of, abuse, neglect or other kinds of harm (within the meaning of the Children Act 1989). \n3) In making arrangements under this section a local authority in Wales must have regard to the importance of parents and other persons caring for children in improving the well-being of children. \n4) For the purposes of this section each of the following is the relevant partner of a local authority in Wales— \n\ta) the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority ; \n\taa) any other local authority in Wales with which the authority agrees that it would be appropriate to co-operate under this section; \n\tb) a local probation board for an area any part of which falls within the area of the authority; \n\tba) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales; \n\tbb) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority; \n\tc) a youth offending team for an area any part of which falls within the area of the authority; \n\td) a Local Health Board for an area any part of which falls within the area of the authority; \n\te) an NHS trust providing services in the area of the authority; \n\tf) the Welsh Ministers to the extent that they are discharging functions under Part 2 of the Learning and Skills Act 2000 \n\tg) such a person, or a person of such description, as regulations made by the Welsh Ministers may specify. \n4A) Regulations under subsection (4)(g) may not specify a Minister of the Crown, the governor of a prison or secure training centre (or, in the case of a contracted out prison or secure training centre, its director) or the principal of a secure college unless the Secretary of State consents. \n5) The relevant partners of a local authority in Wales must co-operate with the authority in the making of arrangements under this section. \n6) A local authority in Wales and any of their relevant partners may for the purposes of arrangements under this section— \n\ta) provide staff, goods, services, accommodation or other resources; \n\tb) establish and maintain a pooled fund. \n7) For the purposes of subsection (6) a pooled fund is a fund— \n\ta) which is made up of contributions by the authority and the relevant partner or partners concerned; and \n\tb) out of which payments may be made towards expenditure incurred in the discharge of functions of the authority and functions of the relevant partner or partners. \n8) A local authority in Wales and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Welsh Ministers . \n9) The Welsh Ministers must obtain the consent of the Secretary of State before giving guidance under subsection (8) at any time after the coming into force of any of paragraphs (a) to (c) of subsection (4). \n9A) Information about the arrangements a local authority in Wales makes under this section may be included in the local well-being plan published under section 39 , 44(5) or 47(6) or (11) of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) by the public services board of which the local authority is a member. \n10) Arrangements under this section may include arrangements relating to— \n\ta) persons aged 18 and 19; \n\tb) persons over the age of 19 who are receiving— \n\t\ti) services under sections 105 to 118 and 176 of the Social Services and Well-being (Wales) Act 2014; or \n\t\tii) youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21)). \n11) In this section— \n\t- “care and support” means— care;support;both care and support;\n\t- “well-being” means well-being in relation to any of the following— physical and mental health and emotional well-being;protection from abuse and neglect;education, training and recreation;domestic, family and personal relationships;contribution made to society;securing rights and entitlements;social and economic well-being;suitability of living accommodation;physical, intellectual, emotional, social and behavioural development; and it includes  “welfare” as that word is interpreted for the purposes of the Children Act 1989.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/25",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/25",
    "legislation_id": "ukpga/2004/31",
    "title": "Co-operation to improve well-being: Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168778Z",
    "text": "Section 11) **Arrangements to safeguard and promote welfare**\n\n1) This section applies to each of the following— \n\ta) a local authority in England; \n\tb) a district council which is not such an authority; \n\tba) NHS England ; \n\tbb) an integrated care board; \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) a Special Health Authority, so far as exercising functions in relation to England, designated by order made by the Secretary of State for the purposes of this section; \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) an NHS trust all or most of whose hospitals, establishments and facilities are situated in England; \n\tg) an NHS foundation trust; \n\th) the local policing body and chief officer of police for a police area in England; \n\ti) the British Transport Police Authority, so far as exercising functions in relation to England; \n\tia) the National Crime Agency; \n\tj) a local probation board for an area in England; \n\tja) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England; \n\tk) a youth offending team for an area in England; \n\tl) the governor of a prison or secure training centre in England (or, in the case of a contracted out prison or secure training centre, its director); \n\tla) the principal of a secure college in England; \n\tm) any person to the extent that he is providing services in pursuance of section 74 of the Education and Skills Act 2008 . \n2) Each person and body to whom this section applies must make arrangements for ensuring that— \n\ta) their functions are discharged having regard to the need to safeguard and promote the welfare of children; and \n\tb) any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need. \n3) In the case of a local authority in England, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies. \n4) Each person and body to whom this section applies must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/11",
    "legislation_id": "ukpga/2004/31",
    "title": "Arrangements to safeguard and promote welfare",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169061Z",
    "text": "Section 63) **Disclosure of information by Inland Revenue**\n\n1) In Schedule 5 to the Tax Credits Act 2002 (c. 21) (use and disclosure of information), after paragraph 10 insert— \n\nSection 10A) **Provision of information by Board for purposes relating to welfare of children**\n\n1) This paragraph applies to information, other than information relating to a person’s income, which is held for the purposes of functions relating to tax credits, child benefit or guardian’s allowance— \n\ta) by the Board, or \n\tb) by a person providing services to the Board, in connection with the provision of those services. \n2) Information to which this paragraph applies may be supplied to— \n\ta) a local authority in England and Wales for use for the purpose of any enquiry or investigation under Part 5 of the Children Act 1989 relating to the welfare of a child; \n\tb) a local authority in Scotland for use for the purpose of any enquiry or investigation under Chapter 3 of Part 2 of the Children (Scotland) Act 1995 relating to the welfare of a child; \n\tc) an authority in Northern Ireland for use for the purpose of any enquiry or investigation under Part 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)) relating to the welfare of a child. \n3) Information supplied under this paragraph is not to be supplied by the recipient to any other person or body unless it is supplied— \n\ta) for the purpose of any enquiry or investigation referred to in sub-paragraph (2) above, \n\tb) for the purpose of civil or criminal proceedings, or \n\tc) where paragraph (a) or (b) does not apply, to a person to whom the information could be supplied directly by or under the authority of the Board. \n4) Information may not be supplied under sub-paragraph (3)(b) or (c) without the authority of the Board. \n5) A person commits an offence if he discloses information supplied to him under this paragraph unless the disclosure is made— \n\ta) in accordance with sub-paragraph (3), \n\tb) in accordance with an enactment or an order of a court, \n\tc) with consent given by or on behalf of the person to whom the information relates, or \n\td) in such a way as to prevent the identification of the person to whom it relates. \n6) It is a defence for a person charged with an offence under sub-paragraph (5) to prove that he reasonably believed that his disclosure was lawful. \n7) A person guilty of an offence under sub-paragraph (5) is liable— \n\ta) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both; \n\tb) on summary conviction in England and Wales, to imprisonment for a term not exceeding twelve months, to a fine not exceeding the statutory maximum or to both; \n\tc) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. \n8) In sub-paragraph (2)  “child” means a person under the age of eighteen and— \n\ta) in paragraph (a),  “local authority” has the meaning given by section 105(1) of the Children Act 1989; \n\tb) in paragraph (b),  “local authority” has the meaning given by section 93(1) of the Children (Scotland) Act 1995; and \n\tc) in paragraph (c),  “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I.2)). \n9) The reference to an enactment in sub-paragraph (5)(b) includes a reference to an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament. \n2) In relation to an offence committed under sub-paragraph (5) of paragraph 10A of Schedule 5 to the Tax Credits Act 2002 (c. 21) (as inserted by subsection (1) above) before 2 May 2022 , the reference in sub-paragraph (7)(b) of that paragraph to twelve months shall be read as a reference to six months. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/63",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/63",
    "legislation_id": "ukpga/2004/31",
    "title": "Disclosure of information by Inland Revenue",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 63,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168770Z",
    "text": "Section 9A) **Targets for safeguarding and promoting the welfare of children**\n\n1) The Secretary of State may, in accordance with regulations, set safeguarding targets for a local authority in England. \n2) The regulations may, in particular— \n\ta) make provision about matters by reference to which safeguarding targets may, or must, be set; \n\tb) make provision about periods to which safeguarding targets may, or must, relate; \n\tc) make provision about the procedure for setting safeguarding targets; \n\td) specify requirements with which a local authority in England must comply in connection with the setting of safeguarding targets. \n3) In exercising their functions, a local authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met. \n4) “Safeguarding targets”, in relation to a local authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/9A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/9A",
    "legislation_id": "ukpga/2004/31",
    "title": "Targets for safeguarding and promoting the welfare of children",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169045Z",
    "text": "Section 58) **Reasonable punishment: England**\n\n1) In relation to any offence specified in subsection (2), battery of a child taking place in England cannot be justified on the ground that it constituted reasonable punishment. \n2) The offences referred to in subsection (1) are— \n\ta) an offence under section 18 or 20 of the Offences against the Person Act 1861 (c. 100) (wounding and causing grievous bodily harm); \n\tb) an offence under section 47 of that Act (assault occasioning actual bodily harm); \n\tc) an offence under section 1 of the Children and Young Persons Act 1933 (c. 12) (cruelty to persons under 16). \n\td) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation). \n3) Battery of a child taking place in England causing actual bodily harm to the child cannot be justified in any civil proceedings on the ground that it constituted reasonable punishment. \n4) For the purposes of subsection (3)  “actual bodily harm” has the same meaning as it has for the purposes of section 47 of the Offences against the Person Act 1861. \n5) In section 1 of the Children and Young Persons Act 1933, omit subsection (7). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/58",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/58",
    "legislation_id": "ukpga/2004/31",
    "title": "Reasonable punishment: England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 58,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168960Z",
    "text": "Section 35) **Functions of the Assembly relating to family proceedings**\n\n1) In respect of family proceedings in which the welfare of children ordinarily resident in Wales is or may be in question, it is a function of the Assembly to— \n\ta) safeguard and promote the welfare of the children; \n\tb) give advice to any court about any application made to it in such proceedings; \n\tc) make provision for the children to be represented in such proceedings; \n\td) provide information, advice and other support for the children and their families. \n2) The Assembly must also make provision for the performance of the functions conferred on Welsh family proceedings officers by virtue of any enactment (whether or not they are exercisable for the purposes of subsection (1)). \n3) In subsection (1),  “family proceedings” has the meaning given by section 12 of the Criminal Justice and Court Services Act 2000 (c. 43). \n4) In this Part,  “Welsh family proceedings officer” means— \n\ta) any member of the staff of the Assembly appointed to exercise the functions of a Welsh family proceedings officer; and \n\tb) any other individual exercising functions of a Welsh family proceedings officer by virtue of section 36(2) or (4). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/35",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/35",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions of the Assembly relating to family proceedings",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 35,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168774Z",
    "text": "Section 10) **Co-operation to improve well-being**\n\n1) Each local authority in England must make arrangements to promote co-operation between— \n\ta) the authority; \n\tb) each of the authority’s relevant partners; and \n\tc) such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority’s area. \n2) The arrangements are to be made with a view to improving the well-being of children in the authority’s area so far as relating to— \n\ta) physical and mental health and emotional well-being; \n\tb) protection from harm and neglect; \n\tc) education, training and recreation; \n\td) the contribution made by them to society; \n\te) social and economic well-being. \n3) In making arrangements under this section a local authority in England must have regard to the importance of parents and other persons caring for children in improving the well-being of children. \n4) For the purposes of this section each of the following is a relevant partner of a local authority in England— \n\ta) where the authority is a county council for an area for which there is also a district council, the district council; \n\tb) the local policing body and the chief officer of police for a police area any part of which falls within the area of the local authority ; \n\tc) a local probation board for an area any part of which falls within the area of the authority; \n\tca) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to England; \n\tcb) any provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to act as a relevant partner of the authority; \n\td) a youth offending team for an area any part of which falls within the area of the authority; \n\tda) NHS England ; \n\tdb) any integrated care board for an area any part of which falls within the area of the authority; \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) a person providing services in pursuance of section 68 of the Education and Skills Act 2008 in any part of the area of the authority; \n\tfa) the governing body of a maintained school that is maintained by the authority  . . . ; \n\tfb) the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area; \n\tfc) the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area; \n\tfd) the governing body of an institution within the further education sector the main site of which is situated in the authority's area; \n\tfe) the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973. \n\tg)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) The relevant partners of a local authority in England must co-operate with the authority in the making of arrangements under this section. \n5A) For the purposes of arrangements under this section a relevant person or body may— \n\ta) provide staff, goods, services, accommodation or other resources to another relevant person or body; \n\tb) make contributions to a fund out of which relevant payments may be made. \n6)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) A local authority in England and each of their relevant partners must in exercising their functions under this section have regard to any guidance given to them for the purpose by the Secretary of State. \n9) Arrangements under this section may include arrangements relating to— \n\ta) persons aged 18 and 19; \n\tb) persons over the age of 19 who are receiving services under sections 23C to 24D of the Children Act 1989 (c. 41); \n\tc) persons over the age of 19 but under the age of 25 — \n\t\ti) for whom an EHC plan is maintained, or \n\t\tii) who have a learning difficulty or disability , within the meaning of section 15ZA(6) and (7) of the Education Act 1996 , and are receiving services under section 15ZA of the Education Act 1996 or section  . . .  86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009 \n10) In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a local authority , the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State. \n11) In this section— \n\t- “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992;\n\t- “institution within the further education sector” has the meaning given by section 4(3) of the Education Act 1996;\n\t- “maintained school” has the meaning given by section 39(1) of the Education Act 2002;\n\t- “proprietor”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management;\n\t- “relevant payment”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions;\n\t- “relevant person or body” means— a  local authority in England;a relevant partner of a  local authority in England.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/10",
    "legislation_id": "ukpga/2004/31",
    "title": "Co-operation to improve well-being",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168912Z",
    "text": "Section 23) **Sections 20 to 22: interpretation**\n\n1) This section applies for the purposes of sections 20 to 22. \n2) “Assessment” includes an inspection, review, investigation or study. \n3) “Children’s services” means— \n\ta) anything done for or in relation to children and relevant young persons (alone or with other persons)— \n\t\ti) in respect of which, apart from section 20, a person or body to which that section applies conducts any kind of assessment, or secures that any kind of assessment is conducted; and \n\t\tii) which is specified in, or is of a description prescribed by, regulations made by the Secretary of State; \n\tb) any function under sections 10 and 12B to 19;  . . . \n\tc) any function conferred on a local authority under section 12 ;  ... \n\td) any function conferred on a local authority under Part 1 of the Childcare Act 2006, and \n\te) any function conferred on a local authority under section 2 of the Childcare Act 2016. \n4) “Relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made. \n5) “The Chief Inspector of Schools” means Her Majesty's Chief Inspector of Education, Children's Services and Skills. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/23",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/23",
    "legislation_id": "ukpga/2004/31",
    "title": "Sections 20 to 22: interpretation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168930Z",
    "text": "Section 28) **Arrangements to safeguard and promote welfare: Wales**\n\n1) This section applies to each of the following— \n\ta) a local authority in Wales; \n\tb) a Local Health Board; \n\tc) an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales; \n\td) the local policing body and chief officer of police for a police area in Wales; \n\te) the British Transport Police Authority, so far as exercising functions in relation to Wales; \n\tea) the National Crime Agency; \n\tf) a local probation board for an area in Wales; \n\tfa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007, so far as they are exercisable in relation to Wales; \n\tg) a youth offending team for an area in Wales; \n\th) the governor of a prison or secure training centre in Wales (or, in the case of a contracted out prison or secure training centre, its director); \n\tha) the principal of a secure college in Wales; \n\ti) any person to the extent that he is providing services pursuant to arrangements made by a local authority in Wales under section 123(1)(b) of the Learning and Skills Act 2000 (c. 21)\n\t\t\t\t\t\t\t(youth support services). \n2) Each person and body to whom this section applies must make arrangements for ensuring that— \n\ta) their functions are discharged having regard to the need to safeguard and promote the welfare of children; and \n\tb) any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need. \n3) In the case of a local authority in Wales, the reference in subsection (2) to functions of the authority does not include functions to which section 175 of the Education Act 2002 (c. 32) applies. \n4) The persons and bodies referred to in subsection (1)(a) to (c) and (i) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Assembly. \n5) The persons and bodies referred to in subsection (1)(d) to (h) must in discharging their duty under this section have regard to any guidance given to them for the purpose by the Secretary of State after consultation with the Assembly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/28",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/28",
    "legislation_id": "ukpga/2004/31",
    "title": "Arrangements to safeguard and promote welfare: Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 28,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169014Z",
    "text": "Section 50) **Intervention                           – England**\n\n1) Section 497A of the Education Act 1996 (power to secure proper performance of a local authority's education functions) applies in relation to the functions of a local authority in England which are specified in subsection (2) as it applies in relation to a local authority's education functions. \n1A) In subsection (1)\n\t\t\t\t\t “education functions” has the meaning given by section 579(1) of the Education Act 1996. \n2) The functions of a local authority are— \n\ta) functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children; \n\tb) the functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (so far as not falling within paragraph (a)); and \n\tc) the functions conferred on the authority under sections 10, 12 , 12C, 12D and 17A above (in the case of a local authority in England)  ... \n3) In subsection (2)(a)\n\t\t\t\t\t “social services functions” has the same meaning as in the the Local Authority Social Services Act 1970 (c. 42). \n4) Sections 497AA and 497B of the Education Act 1996 apply accordingly where powers under section 497A of that Act are exercised in relation to any of the functions of a local authority which are specified in subsection (2) . \n5)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) In subsection (5) of section 497A of that Act, the reference to functions to which that section applies includes (for all purposes) the functions of a local authority which are specified in subsection (2) . \n7) If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined authority by virtue of section 105 of the Local Democracy, Economic Development and Construction Act 2009— \n\ta) a reference in this section to a local authority includes a reference to the combined authority, and \n\tb) a reference in this section to functions specified in subsection (2) is, in relation to the combined authority, to be read as a reference to those functions so far as exercisable by the combined authority. \n8) If any functions of a local authority in England which are specified in subsection (2) are exercisable by a combined county authority by virtue of section 18 of the Levelling-up and Regeneration Act 2023— \n\ta) a reference in this section to a local authority includes a reference to the combined county authority, and \n\tb) a reference in this section to functions specified in subsection (2) is, in relation to the combined county authority, to be read as a reference to those functions so far as exercisable by the combined county authority. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/50",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/50",
    "legislation_id": "ukpga/2004/31",
    "title": "Intervention – England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 50,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168781Z",
    "text": "Section 12) **Information databases**\n\n1) The Secretary of State may for the purpose of arrangements under section 10 or 11 above or under section 175 of the Education Act 2002— \n\ta) by regulations require local authorities in England to establish and operate databases containing information in respect of persons to whom such arrangements relate; \n\tb) himself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information. \n2) The Secretary of State may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases. \n3) A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate. \n4) The information referred to in subsection (3) is information of the following descriptions in relation to a person— \n\ta) his name, address, gender and date of birth; \n\tb) a number identifying him; \n\tc) the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time; \n\td) details of any education being received by him (including the name and contact details of any educational institution attended by him); \n\te) the name and contact details of any person providing primary medical services in relation to him under the National Health Service Act 2006 ; \n\tf) the name and contact details of any person providing to him services of such description as the Secretary of State may by regulations specify; \n\tg) information as to the existence of any cause for concern in relation to him; \n\th) information of such other description, not including medical records or other personal records, as the Secretary of State may by regulations specify. \n5) The Secretary of State may by regulations make provision in relation to the establishment and operation of any database or databases under this section. \n6) Regulations under subsection (5) may in particular make provision— \n\ta) as to the information which must or may be contained in any database under this section (subject to subsection (3)); \n\tb) requiring a person or body specified in subsection (7) to disclose information for inclusion in the database; \n\tc) permitting a person or body specified in subsection (8) to disclose information for inclusion in the database; \n\td) permitting or requiring the disclosure of information included in any such database; \n\te) permitting or requiring any person to be given access to any such database for the purpose of adding or reading information; \n\tf) as to the conditions on which such access must or may be given; \n\tg) as to the length of time for which information must or may be retained; \n\th) as to procedures for ensuring the accuracy of information included in any such database; \n\ti) in a case where a database is established by virtue of subsection (1)(b), requiring children’s services authorities in England to participate in the operation of the database. \n7) The persons and bodies referred to in subsection (6)(b) are— \n\ta) the persons and bodies specified in section 11(1); \n\tb) the Learning and Skills Council for England; \n\tc) the governing body of a maintained school in England (within the meaning of section 175 of the Education Act 2002 (c. 32)); \n\td) the governing body of an institution in England within the further education sector (within the meaning of that section); \n\te) the proprietor of an independent school in England (within the meaning of the Education Act 1996 (c. 56)); \n\tea) the proprietor of an alternative provision Academy that is not an independent school (within the meaning of that Act); \n\tf) a person or body of such other description as the Secretary of State may by regulations specify. \n8) The persons and bodies referred to in subsection (6)(c) are— \n\ta) a person registered under Part 3 of the Childcare Act 2006 (regulation of provision of childcare in England); \n\tb) a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate; \n\tc) the Commissioners of Inland Revenue; \n\tca) a private registered provider of social housing; \n\td) a registered social landlord; \n\te) a person or body of such other description as the Secretary of State may by regulations specify. \n9) The Secretary of State may provide information for inclusion in a database under this section. \n10) The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations. \n11) Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information. \n12) Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person or body by the Secretary of State. \n13) Guidance or directions under subsection (12) may in particular relate to— \n\ta) the management of a database under this section; \n\tb) the technical specifications for any such database; \n\tc) the security of any such database; \n\td) the transfer and comparison of information between databases under this section; \n\te) the giving of advice in relation to rights under the data protection legislation . \n14) In this section,  “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/12",
    "legislation_id": "ukpga/2004/31",
    "title": "Information databases",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168706Z",
    "text": "Section 2) **Primary function: children's rights, views and interests**\n\n1) The Children's Commissioner's primary function is promoting and protecting the rights of children in England. \n2) The primary function includes promoting awareness of the views and interests of children in England. \n3) In the discharge of the primary function the Children's Commissioner may, in particular— \n\ta) advise persons exercising functions or engaged in activities affecting children on how to act compatibly with the rights of children; \n\tb) encourage such persons to take account of the views and interests of children; \n\tc) advise the Secretary of State on the rights, views and interests of children; \n\td) consider the potential effect on the rights of children of government policy proposals and government proposals for legislation; \n\te) bring any matter to the attention of either House of Parliament; \n\tf) investigate the availability and effectiveness of complaints procedures so far as relating to children; \n\tg) investigate the availability and effectiveness of advocacy services for children; \n\th) investigate any other matter relating to the rights or interests of children; \n\ti) monitor the implementation in England of the United Nations Convention on the Rights of the Child; \n\tj) publish a report on any matter considered or investigated under this section. \n4) In the discharge of the primary function, the Children's Commissioner must have particular regard to the rights of children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers to be at particular risk of having their rights infringed. \n5) The Children's Commissioner may not conduct an investigation of the case of an individual child in the discharge of the primary function. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/2",
    "legislation_id": "ukpga/2004/31",
    "title": "Primary function: children's rights, views and interests",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169055Z",
    "text": "Section 61) **Children’s Commissioner for Wales: powers of entry**\nIn the Care Standards Act 2000 (c. 14), in section 76 (further functions of Children’s Commissioner for Wales), at the end insert— \n8) The Commissioner or a person authorised by him may for the purposes of any function of the Commissioner under section 72B or 73 or subsection (4) of this section at any reasonable time— \n\ta) enter any premises, other than a private dwelling, for the purposes of interviewing any child accommodated or cared for there; and \n\tb) if the child consents, interview the child in private. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/61",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/61",
    "legislation_id": "ukpga/2004/31",
    "title": "Children’s Commissioner for Wales: powers of entry",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 61,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168934Z",
    "text": "Section 29) **Information databases: Wales**\n\n1) The Assembly may for the purpose of arrangements under section 25 or 28 above or under section 175 of the Education Act 2002— \n\ta) by regulations require local authorities in Wales to establish and operate databases containing information in respect of persons to whom such arrangements relate; \n\tb) itself establish and operate, or make arrangements for the operation and establishment of, one or more databases containing such information. \n2) The Assembly may for the purposes of arrangements under subsection (1)(b) by regulations establish a body corporate to establish and operate one or more databases. \n3) A database under this section may only include information falling within subsection (4) in relation to a person to whom arrangements specified in subsection (1) relate. \n4) The information referred to in subsection (3) is information of the following descriptions in relation to a person— \n\ta) his name, address, gender and date of birth; \n\tb) a number identifying him; \n\tc) the name and contact details of any person with parental responsibility for him (within the meaning of section 3 of the Children Act 1989 (c. 41)) or who has care of him at any time; \n\td) details of any education being received by him (including the name and contact details of any educational institution attended by him); \n\te) the name and contact details of any person providing primary medical services in relation to him under the National Health Service (Wales) Act 2006 ; \n\tf) the name and contact details of any person providing to him services of such description as the Assembly may by regulations specify; \n\tg) information as to the existence of any cause for concern in relation to him; \n\th) information of such other description, not including medical records or other personal records, as the Assembly may by regulations specify. \n5) The Assembly may by regulations make provision in relation to the establishment and operation of any database or databases under this section. \n6) Regulations under subsection (5) may in particular make provision— \n\ta) as to the information which must or may be contained in any database under this section (subject to subsection (3)); \n\tb) requiring a person or body specified in subsection (7) to disclose information for inclusion in the database; \n\tc) permitting a person or body specified in subsection (8) to disclose information for inclusion in the database; \n\td) permitting or requiring the disclosure of information included in any such database; \n\te) permitting or requiring any person to be given access to any such database for the purpose of adding or reading information; \n\tf) as to the conditions on which such access must or may be given; \n\tg) as to the length of time for which information must or may be retained; \n\th) as to procedures for ensuring the accuracy of information included in any such database; \n\ti) in a case where a database is established by virtue of subsection (1)(b), requiring local authorities in Wales to participate in the operation of the database. \n7) The persons and bodies referred to in subsection (6)(b) are— \n\ta) the persons and bodies specified in section 28(1); \n\tb) the National Assembly for Wales to the extent that it is discharging its functions under Part 2 of the Learning and Skills Act 2000 \n\tc) the governing body of a maintained school in Wales (within the meaning of section 175 of the Education Act 2002 (c. 32)); \n\td) the governing body of an institution in Wales within the further education sector (within the meaning of that section); \n\te) the proprietor of an independent school in Wales (within the meaning of the Education Act 1996 (c. 56)); \n\tf) a person or body of such other description as the Assembly may by regulations specify. \n8) The persons and bodies referred to in subsection (6)(c) are— \n\ta) a person registered in Wales for child minding or the provision of day care under Part 2 of the Children and Families (Wales) Measure 2010 ; \n\tb) a voluntary organisation exercising functions or engaged in activities in relation to persons to whom arrangements specified in subsection (1) relate; \n\tc) the Commissioners of Inland Revenue; \n\td) a registered social landlord or private registered provider of social housing ; \n\te) a person or body of such other description as the Assembly may by regulations specify. \n9) The Assembly and the Secretary of State may provide information for inclusion in a database under this section. \n10) The provision which may be made under subsection (6)(e) includes provision for a person of a description specified in the regulations to determine what must or may be done under the regulations. \n11) Regulations under subsection (5) may also provide that anything which may be done under regulations under subsection (6)(c) to (e) or (9) may be done notwithstanding any rule of common law which prohibits or restricts the disclosure of information. \n12) Regulations under subsections (1)(a) and (5) may only be made with the consent of the Secretary of State. \n13) Any person or body establishing or operating a database under this section must in the establishment or operation of the database have regard to any guidance, and comply with any direction, given to that person by the Assembly. \n14) Guidance or directions under subsection (13) may in particular relate to— \n\ta) the management of a database under this section; \n\tb) the technical specifications for any such database; \n\tc) the security of any such database; \n\td) the transfer and comparison of information between databases under this section; \n\te) the giving of advice in relation to rights under the data protection legislation . \n15) In this section,  “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/29",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/29",
    "legislation_id": "ukpga/2004/31",
    "title": "Information databases: Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 29,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168733Z",
    "text": "Section 3) **Inquiries initiated by Commissioner**\n\n1) Where the Children’s Commissioner considers that the case of an individual child in England raises issues of public policy of relevance to other children, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues. \n2) The Children’s Commissioner may only conduct an inquiry under this section if he is satisfied that the inquiry would not duplicate work that is the function of another person (having consulted such persons as he considers appropriate). \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) The Children’s Commissioner may, if he thinks fit, hold an inquiry under this section, or any part of it, in private. \n5) As soon as possible after completing an inquiry under this section the Children’s Commissioner must— \n\ta) publish a report containing his recommendations; and \n\tb) send a copy to the Secretary of State. \n6) The report need not identify any individual child if the Children’s Commissioner considers that it would be undesirable for the identity of the child to be made public. \n7) Where the Children’s Commissioner has published a report under this section containing recommendations in respect of any person exercising functions of a public nature , he may require that person to state in writing, within such period as the Children’s Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations. \n8) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (c. 70) apply for the purposes of an inquiry held under this section with the substitution for references to the person appointed to hold the inquiry of references to the Children’s Commissioner. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/3",
    "legislation_id": "ukpga/2004/31",
    "title": "Inquiries initiated by Commissioner",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168740Z",
    "text": "Section 5) **Functions of Commissioner in Wales**\n\n1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Wales , except in so far as relating to any matter falling within the remit of the Children’s Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000 (c. 14). \n1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Wales. \n2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function. \n2A) For the purposes of subsection (2)— \n\ta) section 2(3)(i) has effect as if for  “in England” there were substituted “\n                              in Wales, except in so far as relating to any matter falling within the remit of the Children's Commissioner for Wales under section 72B, 73 or 74 of the Care Standards Act 2000,\n                     ” , \n\tb) sections 2(4) and 2B(3) have effect as if for  “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “\n                              groups of children\n                     ” , \n\tc) section 2E(1) has effect as if  “and the function under section 2D” were omitted, and \n\td) section 2F(1) has effect as if  “or the function under section 2D” were omitted. \n3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Children’s Commissioner for Wales. \n4) Where the Children’s Commissioner considers that the case of an individual child in Wales raises issues of public policy of relevance to other children, other than issues relating to a matter referred to in subsection (1) above, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues. \n5) Subsections (2) to (8) of section 3 apply in relation to an inquiry under subsection (4) above. \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/5",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions of Commissioner in Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168887Z",
    "text": "Section 17) **Children and young people’s plans**\n\n1) The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan. \n2) A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board. \n3) In subsection (2)\n\t\t\t\t\t “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e). \n4) Regulations under this section may in particular make provision as to— \n\ta) the matters to be dealt with in a children and young people's plan; \n\tb) the period to which a children and young people's plan is to relate; \n\tc) when and how a children and young people's plan must be published; \n\td) keeping a children and young people's plan under review; \n\te) revising a children and young people's plan; \n\tf) consultation to be carried out during preparation or revision of a children and young people's plan; \n\tg) other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan. \n5) In this section  “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/17",
    "legislation_id": "ukpga/2004/31",
    "title": "Children and young people’s plans",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168711Z",
    "text": "Section 2A) **United Nations Convention on the Rights of the Child**\n\n1) The Children's Commissioner must, in particular, have regard to the United Nations Convention on the Rights of the Child in considering for the purposes of the primary function what constitute the rights and interests of children (generally or so far as relating to a particular matter). \n2) The references in section 2(3)(i) and this section to the United Nations Convention on the Rights of the Child are to the Convention on the Rights of the Child adopted by the General Assembly of the United Nations on 20th November 1989 (including any Protocols to that Convention which are in force in relation to the United Kingdom), subject to any reservations, objections or interpretative declarations by the United Kingdom for the time being in force. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/2A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/2A",
    "legislation_id": "ukpga/2004/31",
    "title": "United Nations Convention on the Rights of the Child",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168901Z",
    "text": "Section 20) **Joint area reviews**\n\n1) Any two or more of the persons and bodies to which this section applies must, at the request of the Secretary of State— \n\ta) conduct, in accordance with a timetable drawn up by them and approved by the Secretary of State, a review of children’s services provided in— \n\t\ti) the area of every local authority in England; \n\t\tii) the areas of such local authorities in England as may be specified in the request; \n\tb) conduct a review of such children’s services provided in the area of such local authority in England as may be specified in the request. \n2) Any two or more of the persons and bodies to which this section applies may conduct a review of any children’s services provided in the area of a particular local authority in England. \n3) The purpose of a review under this section is to evaluate the extent to which, taken together, the children’s services being reviewed improve the well-being of children and relevant young persons (and in particular to evaluate how those services work together to improve their well-being). \n4) The persons and bodies to which this section applies are— \n\ta) the Chief Inspector of Schools; \n\tb)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) the Care Quality Commission; \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) the chief inspector of constabulary; \n\tg) Her Majesty's Chief Inspector of Probation for England and Wales \n\th) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\ti) the Chief Inspector of Prisons. \n5) Reviews under this section are to be conducted in accordance with arrangements made by the Chief Inspector of Schools. \n6) Before making arrangements for the purposes of reviews under this section the Chief Inspector of Schools must consult such of the other persons and bodies to which this section applies as he considers appropriate. \n7) The annual report of the Chief Inspector of Schools required by subsection (1) of section 121 of the Education and Inspections Act 2006 to be made to the Secretary of State must include an account of reviews under this section; and the power conferred by subsection (3) of that section to make other reports to the Secretary of State includes a power to make reports about such reviews. \n8) The Secretary of State may by regulations make provision for the purposes of reviews under this section and in particular provision— \n\ta) requiring or facilitating the sharing or production of information for the purposes of a review under this section (including provision for the creation of criminal offences); \n\tb) authorising any person or body conducting a review under this section to enter any premises for the purposes of the review (including provision for the creation of criminal offences); \n\tc) imposing requirements as to the making of a report on each review under this section; \n\td) for the making by such persons as may be specified in or under the regulations of written statements of proposed action in the light of the report and the period within which any such action must or may be taken; \n\te) for the provision to members of the public of copies of reports and statements made under paragraphs (c) and (d), and for charging in respect of any such provision; \n\tf) for the disapplication, in consequence of a requirement under this section, of any requirement under any other enactment to conduct an assessment or to do anything in connection with an assessment. \n9) Regulations under subsection (8) may in particular make provision by applying enactments falling within subsection (10), with or without modification, for the purposes of reviews under this section. \n10) The enactments falling within this subsection are enactments relating to the powers of persons and bodies to which this section applies for the purposes of assessments other than reviews under this section. \n11) Regulations under subsection (8) may make provision authorising or requiring the doing of anything by reference to the determination of a person of a description specified in the regulations. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/20",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/20",
    "legislation_id": "ukpga/2004/31",
    "title": "Joint area reviews",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168722Z",
    "text": "Section 2D) **Provision of advice and assistance to certain children in England**\n\n1) The Children's Commissioner may provide advice and assistance to any child who is within section 8A (children living away from home or receiving social care). \n2) The Children's Commissioner may in particular under this section make representations on behalf of a child who is within section 8A to a person in England who is— \n\ta) providing the child with accommodation or services, or \n\tb) otherwise exercising functions in relation to the child. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/2D",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/2D",
    "legislation_id": "ukpga/2004/31",
    "title": "Provision of advice and assistance to certain children in England",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169041Z",
    "text": "Section 57) **Fees payable to adoption review panel members**\nIn section 12 of the Adoption and Children Act 2002 (c. 38)\n\t\t\t(independent review of determinations), in subsection (3)(d)\n\t\t\t(power to make provision as to the payment of expenses of members of a panel) for  “expenses of” substitute “\n                fees to\n           ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/57",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/57",
    "legislation_id": "ukpga/2004/31",
    "title": "Fees payable to adoption review panel members",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 57,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169052Z",
    "text": "Section 60) **Child safety orders**\n\n1) The Crime and Disorder Act 1998 (c. 37) is amended as follows. \n2) In section 8(1)(a)\n\t\t\t\t\t(power to make parenting order where a child safety order is made), at the end insert “or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order”. \n3) In section 11(4)\n\t\t\t\t\t(maximum period permitted for child safety orders), for the words from  “three months” to the end substitute “\n                    twelve months\n             ” . \n4) In section 12, omit subsections (6)(a) and (7)\n\t\t\t\t\t(power to make care order on breach of child safety order). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/60",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/60",
    "legislation_id": "ukpga/2004/31",
    "title": "Child safety orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 60,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168744Z",
    "text": "Section 6) **Functions of Commissioner in Scotland**\n\n1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Scotland where those rights are or may be affected by reserved matters . \n1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Scotland. \n2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function. \n2A) For the purposes of subsection (2)— \n\ta) section 2(3)(i) has effect as if for  “in England” there were substituted “\n                              in Scotland, in relation to reserved matters,\n                     ” , \n\tb) sections 2(4) and 2B(3) have effect as if for  “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “\n                              groups of children\n                     ” , \n\tc) section 2E(1) has effect as if  “and the function under section 2D” were omitted, and \n\td) section 2F(1) has effect as if  “or the function under section 2D” were omitted. \n3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People in Scotland. \n4) Where the Children’s Commissioner considers that the case of an individual child in Scotland raises issues of public policy of relevance to other children in relation to a reserved matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues. \n5) Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above. \n6) Subsections (3) to (5) of section 210 of the Local Government (Scotland) Act 1973 (c. 65) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) In this section,  “reserved matter” has the same meaning as in the Scotland Act 1998 (see section 30 of and Schedule 5 to that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/6",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions of Commissioner in Scotland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168840Z",
    "text": "Section 16E) **Local arrangements for safeguarding and promoting welfare of children**\n\n1) The safeguarding partners for a local authority area in England must make arrangements for— \n\ta) the safeguarding partners, and \n\tb) any relevant agencies that they consider appropriate, to work together in exercising their functions, so far as the functions are exercised for the purpose of safeguarding and promoting the welfare of children in the area. \n2) The arrangements must include arrangements for the safeguarding partners to work together to identify and respond to the needs of children in the area. \n3) In this section— \n\t- “relevant agency”, in relation to a local authority area in England, means a person who— is specified in regulations made by the Secretary of State, andexercises functions in that area in relation to children;\n\t- “safeguarding partner”, in relation to a local authority area in England, means— the local authority; an integrated care board  for an area any part of which falls within the local authority area;the chief officer of police for a police area any part of which falls within the local authority area.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16E",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16E",
    "legislation_id": "ukpga/2004/31",
    "title": "Local arrangements for safeguarding and promoting welfare of children",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168785Z",
    "text": "Section 12A) **Establishment of CTBs**\n\n1) Arrangements made by a local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area. \n2) A Children's Trust Board must include a representative of each of the following— \n\ta) the establishing authority; \n\tb) each of the establishing authority's relevant partners (subject to subsection (4)). \n3) A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate. \n4) A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State. \n5) Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b). \n6) Where two or more local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities. \n7) For the purposes of this section and sections 12B and 12C— \n\ta) “the establishing authority”, in relation to a Children's Trust Board, is the local authority that establishes the Board; \n\tb) a person or body is a  “relevant partner” of a local authority if it is a relevant partner of the authority for the purposes of section 10 otherwise than by virtue of section 10(4)(da) or (db) ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/12A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/12A",
    "legislation_id": "ukpga/2004/31",
    "title": "Establishment of CTBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168747Z",
    "text": "Section 7) **Functions of Commissioner in Northern Ireland**\n\n1) The Children’s Commissioner has the function of promoting and protecting the rights of children in Northern Ireland where those rights are or may be affected by excepted matters . \n1A) The function under subsection (1) includes promoting awareness of the views and interests of children in Northern Ireland. \n2) Subsections (3) to (5) of section 2 and sections 2A to 2C, 2E and 2F apply in relation to the Children's Commissioner's function under subsection (1) as in relation to the Commissioner's primary function. \n2A) For the purposes of subsection (2)— \n\ta) section 2(3)(i) has effect as if for  “in England” there were substituted “\n                              in Northern Ireland, in relation to excepted matters,\n                     ” , \n\tb) sections 2(4) and 2B(3) have effect as if for  “children who are within section 8A (children living away from home or receiving social care) and other groups of children” there were substituted “\n                              groups of children\n                     ” , \n\tc) section 2E(1) has effect as if  “and the function under section 2D” were omitted, and \n\td) section 2F(1) has effect as if  “or the function under section 2D” were omitted. \n3) In discharging his function under subsection (1) above the Children’s Commissioner must take account of the views of, and any work undertaken by, the Commissioner for Children and Young People for Northern Ireland. \n4) Where the Children’s Commissioner considers that the case of an individual child in Northern Ireland raises issues of public policy which are of relevance to other children in relation to an excepted matter, he may hold an inquiry into that case for the purpose of investigating and making recommendations about those issues. \n5) Subsections (2) to (7) of section 3 apply in relation to an inquiry under subsection (4) above. \n6) Paragraphs 2 to 5 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 ( S.I. 1972/1265 (N.I.14)) apply for the purposes of an inquiry under subsection (4) above with the substitution of references to the Children’s Commissioner for references to the person appointed to hold the inquiry. \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) In this section,  “excepted matter” has the same meaning as in the Northern Ireland Act 1998 (c. 47). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/7",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions of Commissioner in Northern Ireland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168905Z",
    "text": "Section 21) **Framework**\n\n1) The Chief Inspector of Schools must devise a Framework for Inspection of Children’s Services (“the Framework”). \n2) The Framework must, for the purpose specified in subsection (3), set out principles to be applied by any person or body conducting a relevant assessment. \n3) The purpose referred to in subsection (2) is to ensure that relevant assessments properly evaluate and report on the extent to which children’s services improve the well-being of children and relevant young persons. \n4) The principles in the Framework may— \n\ta) include principles relating to the organisation of the results of any relevant assessment; \n\tb) make different provision for different cases. \n5) For the purposes of subsections (2) to (4) a relevant assessment is an assessment conducted under any enactment in relation to any children’s services. \n6) When devising the Framework, the Chief Inspector of Schools must consult the other persons and bodies to which section 20 applies. \n7) The Chief Inspector of Schools must publish the Framework, but before doing so must— \n\ta) consult such persons and bodies, other than those referred to in subsection (6), as he thinks fit; and \n\tb) obtain the consent of the Secretary of State. \n8) The Chief Inspector of Schools may at any time revise the Framework (and subsections (6) and (7) apply in relation to revisions to the Framework as to the original Framework). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/21",
    "legislation_id": "ukpga/2004/31",
    "title": "Framework",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168789Z",
    "text": "Section 12B) **Functions and procedures of CTBs**\n\n1) The functions of a Children's Trust Board are— \n\ta) those conferred by or under section 17 or 17A (children and young people's plans); \n\tb) any further functions conferred by regulations made by the Secretary of State. \n2) Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority. \n3) In subsection (2)\n\t\t\t\t\t “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e). \n4) A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with— \n\ta) the procedures to be followed by it; \n\tb) the exercise of its functions. \n5) In this section  “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/12B",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/12B",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions and procedures of CTBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168715Z",
    "text": "Section 2B) **Involving children in the discharge of the primary function**\n\n1) The Children's Commissioner must take reasonable steps to involve children in the discharge of the primary function. \n2) The Commissioner must in particular take reasonable steps to— \n\ta) ensure that children are aware of the Commissioner's primary function and how they may communicate with him or her, and \n\tb) consult children, and organisations working with children, on the matters the Commissioner proposes to consider or investigate in the discharge of the primary function. \n3) The Children's Commissioner must for the purposes of this section have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/2B",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/2B",
    "legislation_id": "ukpga/2004/31",
    "title": "Involving children in the discharge of the primary function",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168695Z",
    "text": "Section 1) **Establishment**\n\n1) There is to be an office of Children’s Commissioner. \n2) Schedule 1 has effect with respect to the Children’s Commissioner. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/1",
    "legislation_id": "ukpga/2004/31",
    "title": "Establishment",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168923Z",
    "text": "Section 26) **Children and young people’s plans: Wales**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/26",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/26",
    "legislation_id": "ukpga/2004/31",
    "title": "Children and young people’s plans: Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 26,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168759Z",
    "text": "Section 8) **Annual reports**\n\n1) As soon as possible after the end of each financial year the Children’s Commissioner must make a report on— \n\ta) the way in which he has discharged his functions  ...; and \n\tb) what he has found in the course of exercising those functions during the year;  . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) The Children’s Commissioner must in particular under subsection (1)(a) include — \n\ta) a summary of the Commissioner's activities and an analysis of the effectiveness of those activities in promoting and protecting the rights of children, \n\tb) an account of what the Commissioner has done in the discharge of his or her functions in relation to children who are within section 8A (children living away from home or receiving social care), \n\tc) an account of the steps taken by the Commissioner to consult children or otherwise involve them in the discharge of his or her functions, and \n\td) a summary of how the Commissioner has taken into account the results of any such consultation and anything else resulting from involving children in the discharge of his or her functions. \n3) Where the Children’s Commissioner makes a report under this section— \n\ta) he must send a copy to the Secretary of State; and \n\tb) the Commissioner must as soon as possible lay a copy before each House of Parliament. \n4) The Children’s Commissioner must publish a report under this section as soon as possible after laying it before each House of Parliament. \n5) If the Children's Commissioner does not consider a report made under this section to be suitable for children, the Commissioner must publish a version of the report which is suitable for children. \n6) In this section,  “financial year” has the same meaning as in paragraph 8 of Schedule 1. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/8",
    "legislation_id": "ukpga/2004/31",
    "title": "Annual reports",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168908Z",
    "text": "Section 22) **Co-operation and delegation**\n\n1) Each person or body with functions under any enactment of conducting assessments of children’s services must for the purposes of those assessments co-operate with other persons or bodies with such functions. \n2) A person or body with functions under any enactment of conducting assessments of children’s services may delegate any of those functions to any other person or body with such functions. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/22",
    "legislation_id": "ukpga/2004/31",
    "title": "Co-operation and delegation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168718Z",
    "text": "Section 2C) **Primary function: reports**\n\n1) This section applies where the Children's Commissioner publishes a report in the discharge of the primary function. \n2) The Commissioner must, if and to the extent he or she considers it appropriate, also publish the report in a version which is suitable for children (or, if the report relates to a particular group of children, for those children). \n3) Where the report contains recommendations about the exercise by a person of functions of a public nature, the Commissioner may require that person to state in writing, within such period as the Commissioner may reasonably require, what action the person has taken or proposes to take in response to the recommendations. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/2C",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/2C",
    "legislation_id": "ukpga/2004/31",
    "title": "Primary function: reports",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168966Z",
    "text": "Section 37) **Welsh family proceedings officers**\n\n1) The Assembly may authorise a Welsh family proceedings officer of a description prescribed in regulations made by the Secretary of State— \n\ta) to conduct litigation in relation to any proceedings in any court, \n\tb) to exercise a right of audience in any proceedings in any court, in the exercise of his functions. \n2) A Welsh family proceedings officer exercising a right to conduct litigation by virtue of subsection (1)(a) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section. \n3) A Welsh family proceedings officer exercising a right of audience by virtue of subsection (1)(b) who would otherwise have such a right by virtue of the fact that he is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to that activity is to be treated as having acquired that right solely by virtue of this section. \n4) A Welsh family proceedings officer may, subject to rules of court, be cross-examined in any proceedings to the same extent as any witness. \n5) But a Welsh family proceedings officer may not be cross-examined merely because he is exercising a right to conduct litigation or a right of audience granted in accordance with this section. \n6) In this section,  “right to conduct litigation” and  “right of audience” have the same meanings as in section 119 of the Courts and Legal Services Act 1990. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/37",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/37",
    "legislation_id": "ukpga/2004/31",
    "title": "Welsh family proceedings officers",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 37,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168897Z",
    "text": "Section 19) **Lead member for children’s services**\n\n1) A local authority in England must, in making arrangements for the discharge of— \n\ta) the functions conferred on or exercisable by the authority specified in section 18(1)(a) and (b), and \n\tb) such other functions conferred on or exercisable by the authority as the authority consider appropriate, designate one of their members as their  “lead member for children’s services”. \n2) A local authority in England must have regard to any guidance given to them by the Secretary of State for the purposes of subsection (1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/19",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/19",
    "legislation_id": "ukpga/2004/31",
    "title": "Lead member for children’s services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169034Z",
    "text": "Section 55) **Social services committees**\n\n1) Sections 2 to 5 of the Local Authority Social Services Act 1970 (c. 42)\n\t\t\t\t\t(social services committees) shall cease to have effect. \n2) In Schedule 1 to that Act (enactments conferring functions assigned to social services committees), for the heading substitute “\n                    SOCIAL SERVICES FUNCTIONS\n             ” . \n3) In section 63(8) of the Health Services and Public Health Act 1968 (c. 46)\n\t\t\t\t\t(instruction), in paragraph (a) of the definition of  “relevant enactments”, for the words from  “for the time being” to  “section 2” substitute “\n                    are social services functions within the meaning\n             ” . \n4) In Schedule 1 to the Local Government and Housing Act 1989 (c. 42)\n\t\t\t\t\t(political balance on committees), in paragraph 4(1), in paragraph (a) of the definition of  “ordinary committee”, for the words from  “the authority's” to  “any other committee” substitute “\n                    any committee\n             ” . \n5) In section 102 of the Local Government Act 2000 (c. 22)\n\t\t\t\t\t(social services functions)— \n\ta) omit subsection (1); \n\tb) in subsection (2), for  “that Act” substitute “\n                        the Local Authority Social Services Act 1970\n               ” . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/55",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/55",
    "legislation_id": "ukpga/2004/31",
    "title": "Social services committees",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 55,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169018Z",
    "text": "Section 50A) **Intervention – Wales**\n\n1) Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) applies in relation to the functions of a local authority in Wales which are specified in subsection (2) as it applies in relation to a local authority's education functions but as if the only relevant ground for intervention were ground 3 in section 21 of that Act. \n2) The functions of a local authority are— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) the functions conferred on the authority under sections 25  ... and 29 above. \n3) In the application of Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 by virtue of this section, section 27 of that Act (power to direct exercise of other education functions) has effect as if the reference to education functions included (for all purposes) the functions of the local authority which are specified in subsection (2). \n4) In this section— \n\t- “education functions” has the meaning given by section 579(1) of the Education Act 1996;\n\t- ...",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/50A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/50A",
    "legislation_id": "ukpga/2004/31",
    "title": "Intervention – Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168726Z",
    "text": "Section 2E) **Powers to enter premises to conduct interviews or observe standards**\n\n1) This section applies for the purposes of the Children's Commissioner's primary function and the function under section 2D. \n2) The Children's Commissioner, or a person authorised by the Commissioner, may at any reasonable time enter any premises, other than a private dwelling— \n\ta) for the purpose of interviewing a child, or \n\tb) for the purpose of observing the standard of care provided to children accommodated or otherwise cared for there. \n3) An interview of a child under subsection (2)(a) may be conducted in private, if the child consents. \n4) A person who enters premises under subsection (1) may interview any person present on the premises who works there. \n5) It is immaterial for the purposes of subsection (4) whether a person's work is paid, or under a contract of employment. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/2E",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/2E",
    "legislation_id": "ukpga/2004/31",
    "title": "Powers to enter premises to conduct interviews or observe standards",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168869Z",
    "text": "Section 16M) **Child death reviews**\n\n1) The child death review partners for a local authority area in England must make arrangements for the review of each death of a child normally resident in the area. \n2) The child death review partners may also, if they consider it appropriate, make arrangements for the review of a death in their area of a child not normally resident there. \n3) The child death review partners must make arrangements for the analysis of information about deaths reviewed under this section. \n4) The purposes of a review or analysis under this section are— \n\ta) to identify any matters relating to the death or deaths that are relevant to the welfare of children in the area or to public health and safety, and \n\tb) to consider whether it would be appropriate for anyone to take action in relation to any matters identified. \n5) Where the child death review partners consider that it would be appropriate for a person to take action as mentioned in subsection (4)(b), they must inform that person. \n6) The child death review partners for a local authority area in England must, at such intervals as they consider appropriate, prepare and publish a report on— \n\ta) what they have done as a result of the arrangements under this section, and \n\tb) how effective the arrangements have been in practice. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16M",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16M",
    "legislation_id": "ukpga/2004/31",
    "title": "Child death reviews",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168985Z",
    "text": "Section 42) **Transfer of property from CAFCASS to Assembly**\n\n1) For the purposes of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer to the Assembly of property, rights and liabilities of the Children and Family Court Advisory and Support Service (in this section,  “CAFCASS”). \n2) The reference in subsection (1) to rights and liabilities does not include rights and liabilities under a contract of employment. \n3) A scheme under this section may— \n\ta) specify the property, rights and liabilities to be transferred by the scheme; or \n\tb) provide for the determination, in accordance with the scheme, of the property, rights and liabilities to be transferred by the scheme. \n4) A scheme under this section may include provision for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme. \n5) A scheme under this section has effect in relation to any property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict their transfer. \n6) A right of pre-emption or reverter or other similar right does not operate or become exercisable as a result of any transfer under a scheme under this section; and in the case of such a transfer, any such right has effect as if the Assembly were the same person in law as CAFCASS and as if the transfer had not taken place. \n7) The Assembly is to pay such compensation as is just to any person in respect of any right which would, apart from subsections (5) and (6), have operated in favour of, or become exercisable by, that person but which, in consequence of the operation of those subsections, cannot subsequently operate in his favour or become exercisable by him. \n8) A scheme under this section may provide for the determination of any disputes as to whether and, if so, how much compensation is payable under subsection (7). \n9) Subsections (5) to (8) apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property. \n10) A certificate issued by the Secretary of State and the Assembly jointly that any property, rights or liabilities have or have not been transferred by a scheme under this section is conclusive evidence as to whether they have or have not been so transferred. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/42",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/42",
    "legislation_id": "ukpga/2004/31",
    "title": "Transfer of property from CAFCASS to Assembly",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 42,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168937Z",
    "text": "Section 30) **Inspection of functions under this Part**\n\n1) The Welsh Ministers' functions under Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) may be exercised as if anything done by a local authority in Wales in the exercise of functions to which this section applies was in the exercise of a social services function of the local authority (within the meaning of that Act). \n2) This section applies to the following functions of a local authority — \n\ta) the authority’s functions under section 25  ..., except so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000 (c. 21)); \n\tb) the authority’s functions under section 28; \n\tc) any function conferred on the authority under section 29. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/30",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/30",
    "legislation_id": "ukpga/2004/31",
    "title": "Inspection of functions under this Part",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 30,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168755Z",
    "text": "Section 7B) **Business plans**\n\n1) The Children's Commissioner must publish a business plan which sets out, in relation to the discharge of the Commissioner's functions— \n\ta) the Commissioner's proposed main activities for the period covered by the plan (including the matters he or she intends to consider or investigate), and \n\tb) the Commissioner's proposed strategic priorities for that period. \n2) A business plan must cover a period of at least 12 months beginning with the date of publication. \n3) The Commissioner must publish a new business plan before the end of the period covered by the preceding business plan. \n4) Before publishing a business plan under this section, the Children's Commissioner must— \n\ta) take reasonable steps to consult children, \n\tb) consult persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions, and \n\tc) consult such other persons as the Commissioner thinks appropriate. \n5) The Children's Commissioner must for the purposes of subsection (4)(a) have particular regard to children who are within section 8A (children living away from home or receiving social care) and other groups of children who the Commissioner considers do not have adequate means by which they can make their views known. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/7B",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/7B",
    "legislation_id": "ukpga/2004/31",
    "title": "Business plans",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169021Z",
    "text": "Section 51) **Inspection of local education authorities**\nIn section 38 of the Education Act 1997 (c. 44)\n\t\t\t(inspection of LEAs), for subsection (2) substitute— \n2) An inspection of a local education authority in England under this section shall consist of a review of the way in which the authority are performing any function conferred on them in their capacity as a local education authority, other than a function falling within the remit of the Adult Learning Inspectorate under section 53 of the Learning and Skills Act 2000 (c. 21). \n2A) An inspection of a local education authority in Wales under this section shall consist of a review of the way in which the authority are performing— \n\ta) any function conferred on them in their capacity as a local education authority; and \n\tb) the functions conferred on them under sections 25 and 26 so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/51",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/51",
    "legislation_id": "ukpga/2004/31",
    "title": "Inspection of local education authorities",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 51,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168926Z",
    "text": "Section 27) **Responsibility for functions under section 25**\n\n1) A local authority in Wales must— \n\ta) appoint an officer, to be known as the  “lead director for children and young people’s services”, for the purposes of co-ordinating and overseeing arrangements made under section 25 ; and \n\tb) designate one of their members, to be known as the  “lead member for children and young people’s services”, to have as his special care the discharge of the authority’s functions under that section . \n2) A Local Health Board must— \n\ta) appoint an officer, to be known as the Board’s  “lead officer for children and young people’s services”, for the purposes of the Board’s functions under section 25; and \n\tb) designate one of the Board’s members who is not an officer as its  “lead member for children and young people’s services” to have the discharge of those functions as his special care. \n3) An NHS trust to which section 25 applies must— \n\ta) appoint an executive director, to be known as the trust’s  “lead executive director for children and young people’s services”, for the purposes of the trust’s functions under that section; and \n\tb) designate one of the trust’s non-executive directors as its  “lead non-executive director for children and young people’s services” to have the discharge of those functions as his special care. \n4) Each local authority in Wales, Local Health Board and NHS trust to which section 25 applies must have regard to any guidance given to them by the Assembly in relation to— \n\ta) their functions under this section; \n\tb) the responsibilities of the persons appointed or designated by them under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/27",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/27",
    "legislation_id": "ukpga/2004/31",
    "title": "Responsibility for functions under section 25",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 27,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168751Z",
    "text": "Section 7A) **Advisory board**\n\n1) The Children's Commissioner must appoint an advisory board to provide the Commissioner with advice and assistance relating to the discharge of his or her functions. \n2) The advisory board must consist of persons who (taken together) represent a broad range of interests which are relevant to the Children's Commissioner's functions. \n3) The Children's Commissioner must from time to time publish a report on the procedure followed and the criteria used when making appointments to the advisory board. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/7A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/7A",
    "legislation_id": "ukpga/2004/31",
    "title": "Advisory board",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168844Z",
    "text": "Section 16F) **Local child safeguarding practice reviews**\n\n1) The safeguarding partners for a local authority area in England must make arrangements in accordance with this section— \n\ta) to identify serious child safeguarding cases which raise issues of importance in relation to the area, and \n\tb) for those cases to be reviewed under the supervision of the safeguarding partners, where they consider it appropriate. \n2) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by persons in the area to safeguard and promote the welfare of children. \n3) Where a case is reviewed under the supervision of the safeguarding partners, they must— \n\ta) ensure that the reviewer provides a report on the outcome of the review; \n\tb) ensure— \n\t\ti) that the reviewer makes satisfactory progress, and \n\t\tii) that the report is of satisfactory quality; \n\tc) provide the report to the Secretary of State and the Child Safeguarding Practice Review Panel. \n4) The safeguarding partners must publish the report, unless they consider it inappropriate to do so. \n5) If the safeguarding partners consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish. \n6) The Secretary of State may by regulations make provision about— \n\ta) criteria to be taken into account by the safeguarding partners in determining whether serious child safeguarding cases raise issues of importance in relation to the area; \n\tb) the appointment or removal of a reviewer by the safeguarding partners, including provision for a reviewer to be appointed by the safeguarding partners from a list provided by the Secretary of State; \n\tc) the time when a report is to be provided to the Secretary of State or the Child Safeguarding Practice Review Panel, or published; \n\td) the procedure for a review; \n\te) the form and content of a report. \n7) In this section  “reviewer” means any one or more persons appointed to review a case under the supervision of the safeguarding partners for a local authority area. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16F",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16F",
    "legislation_id": "ukpga/2004/31",
    "title": "Local child safeguarding practice reviews",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169074Z",
    "text": "Section 67) **Commencement**\n\n1) Part 1 comes into force on the day on which this Act is passed. \n2) Part 2 comes into force in accordance with provision made by order by the Secretary of State. \n3) Part 3 comes into force in accordance with provision made by order by the Assembly subject to subsections (4) and (5). \n4) The Assembly must obtain the consent of the Secretary of State before making provision under subsection (3) in relation to section 25(4)(a) to (c) or 31(3)(a) to (c), (f) or (g). \n5) In section 28, the following provisions come into force in accordance with provision made by order by the Secretary of State after consulting the Assembly— \n\ta) subsection (1)(d) to (h); \n\tb) subsection (2), so far as relating to the persons and bodies referred to in subsection (1)(d) to (h); \n\tc) subsection (5). \n6) Part 4 comes into force in accordance with provision made by order by the Assembly with the consent of the Secretary of State. \n7) In Part 5— \n\ta) section 44 so far as relating to England comes into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly; \n\tb) sections 45 to 47 come into force at the end of the period of two months beginning with the day on which this Act is passed; \n\tc) section 48 and Schedule 4 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly; \n\td) section 49 comes into force at the end of the period of two months beginning with the day on which this Act is passed; \n\te) sections 50 to 57 so far as relating to England come into force in accordance with provision made by order by the Secretary of State, and so far as relating to Wales in accordance with provision made by order by the Assembly; \n\tf) section 58 comes into force at the end of the period of two months beginning with the day on which this Act is passed; \n\tg) section 59 comes into force on the day on which this Act is passed; \n\th) section 60 comes into force in accordance with provision made by order by the Secretary of State; \n\ti) section 61 comes into force in accordance with provision made by order by the Assembly; \n\tj) section 62 comes into force in accordance with provision made by order by the Lord Chancellor; \n\tk) section 63 comes into force on the day on which this Act is passed. \n8) This Part comes into force on the day on which this Act is passed except that Schedule 5 comes into force in accordance with the commencement provisions set out in that Schedule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/67",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/67",
    "legislation_id": "ukpga/2004/31",
    "title": "Commencement",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 67,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168847Z",
    "text": "Section 16G) **Further provision about arrangements**\n\n1) This section applies in relation to arrangements made under section 16E or 16F by the safeguarding partners for a local authority area in England. \n2) The safeguarding partners must publish the arrangements. \n3) The arrangements must include arrangements for scrutiny by an independent person of the effectiveness of the arrangements. \n4) The safeguarding partners and relevant agencies for the local authority area must act in accordance with the arrangements. \n5) Subsection (6) applies where a person is specified in regulations under section 16E(3) for the purposes of the definition of  “relevant agency”. \n6) The regulations may make provision for the enforcement against the person of the duty imposed by subsection (4), if the Secretary of State considers that there would otherwise be no appropriate means of enforcing that duty against the person (but the regulations may not create criminal offences). \n7) At least once in every 12 month period, the safeguarding partners must prepare and publish a report on— \n\ta) what the safeguarding partners and relevant agencies for the local authority area have done as a result of the arrangements, and \n\tb) how effective the arrangements have been in practice. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16G",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16G",
    "legislation_id": "ukpga/2004/31",
    "title": "Further provision about arrangements",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169071Z",
    "text": "Section 66) **Regulations and orders**\n\n1) Any power to make regulations or an order under this Act includes power— \n\ta) to make different provision for different purposes; \n\tb) to make different provision for different cases or areas; \n\tc) to make incidental, supplementary, consequential or transitional provision or savings. \n2) Any power to make regulations or an order under this Act, other than an order under section 42 or 43, is exercisable by statutory instrument. \n3) The Secretary of State may not make a statutory instrument containing regulations under section 12 , 12B(1)(b) , 16B (whether alone or with regulations under section 16F), 16E(3) or 45 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. \n4) The Secretary of State may not make a statutory instrument containing the first regulations under section 9A or the first order under section 49 unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. \n5) A statutory instrument containing— \n\ta) any regulations made by the Secretary of State under this Act to which neither of subsections (3) and (4) applies , \n\tb) an order made by the Secretary of State under section 49 to which subsection (4) does not apply, or \n\tc) an order made by the Secretary of State under section 11(1)(d) or section 65(2), is subject to annulment in pursuance of a resolution of either House of Parliament. \n6) Subsection (5) does not apply to regulations made by the Secretary of State jointly with the Assembly under section 43(7). \n7) Any statutory instrument containing regulations made under section 25 or 26 by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales. \n8) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/66",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/66",
    "legislation_id": "ukpga/2004/31",
    "title": "Regulations and orders",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 66,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168796Z",
    "text": "Section 12D) **Supply of information to CTBs**\n\n1) A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions. \n2) Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions. \n3) Information requested under subsection (1) must be information that relates to— \n\ta) the person or body to whom the request is made; \n\tb) a function of that person or body, or \n\tc) a person in respect of whom a function is exercisable by that person or body. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/12D",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/12D",
    "legislation_id": "ukpga/2004/31",
    "title": "Supply of information to CTBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168729Z",
    "text": "Section 2F) **Provision of information to Commissioner**\n\n1) Any person exercising functions of a public nature must supply the Children's Commissioner with such information in that person's possession relating to those functions as the Commissioner may reasonably request for the purposes of the primary function or the function under section 2D. \n2) The information must be information which that person would, apart from subsection (1), lawfully be able to disclose to the Commissioner. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/2F",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/2F",
    "legislation_id": "ukpga/2004/31",
    "title": "Provision of information to Commissioner",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168829Z",
    "text": "Section 16B) **Functions of the Panel**\n\n1) The functions of the Child Safeguarding Practice Review Panel are, in accordance with regulations made by the Secretary of State— \n\ta) to identify serious child safeguarding cases in England which raise issues that are complex or of national importance, and \n\tb) where they consider it appropriate, to arrange for those cases to be reviewed under their supervision. \n2) The purpose of a review under subsection (1)(b) is to identify any improvements that should be made by safeguarding partners or others to safeguard and promote the welfare of children. \n3) Where the Panel arrange for a case to be reviewed under their supervision, they must— \n\ta) ensure that the reviewer provides a report on the outcome of the review; \n\tb) ensure— \n\t\ti) that the reviewer makes satisfactory progress, and \n\t\tii) that the report is of satisfactory quality; \n\tc) provide the report to the Secretary of State. \n4) The Panel must publish the report, unless they consider it inappropriate to do so. \n5) If the Panel consider it inappropriate to publish the report, they must publish any information relating to the improvements that should be made following the review that they consider it appropriate to publish. \n6) Regulations under this section may include provision about— \n\ta) criteria to be taken into account by the Panel in determining whether serious child safeguarding cases raise issues that are complex or of national importance; \n\tb) eligibility for appointment as a reviewer; \n\tc) the selection process for appointment of a reviewer; \n\td) the person who is to select a reviewer; \n\te) the supervisory powers of the Panel in relation to a reviewer; \n\tf) removal of a reviewer; \n\tg) payments of remuneration or expenses to a reviewer by the Secretary of State; \n\th) the procedure for a review; \n\ti) the form and content of a report; \n\tj) the time when a report is to be provided to the Secretary of State, or published. \n7) The Panel must have regard to any guidance given by the Secretary of State in connection with functions conferred by this section. \n8) Guidance given by the Secretary of State may include guidance about— \n\ta) circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed; \n\tb) matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality. \n9) In this section— \n\t- a  “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel;\n\t- “safeguarding partners” means persons who, under section 16E, are safeguarding partners in relation to one or more local authority areas in England (see subsection (3) of that section);\n\t- “serious child safeguarding cases” means cases in which— abuse or neglect of a child is known or suspected by a local authority or another person exercising functions in relation to children, andthe child has died or been seriously harmed;\n\t- “serious harm” includes serious or long-term impairment of mental health or intellectual, emotional, social or behavioural development.",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16B",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16B",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions of the Panel",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168793Z",
    "text": "Section 12C) **Funding of CTBs**\n\n1) The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board— \n\ta) by making the payments directly; or \n\tb) by contributing to a fund out of which the payments may be made. \n2) The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board. \n3) Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions. \n4) A pooled fund is a fund— \n\ta) which is made up of contributions by the Boards concerned, and \n\tb) out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/12C",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/12C",
    "legislation_id": "ukpga/2004/31",
    "title": "Funding of CTBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169000Z",
    "text": "Section 46) **Power to establish registration scheme in Wales**\n\n1) The Assembly may by regulations require any person who fosters a child privately in the area of a local authority in Wales to be registered for private fostering by that authority in accordance with the regulations. \n2) Subsections (2) to (15) of section 45 apply in relation to regulations under this section as they apply in relation to regulations under that section with the substitution for references to a local authority in England of references to a local authority in Wales. \n3) Subsection (16) of that section applies for the purposes of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/46",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/46",
    "legislation_id": "ukpga/2004/31",
    "title": "Power to establish registration scheme in Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 46,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168800Z",
    "text": "Section 13) **Establishment of LSCBs**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/13",
    "legislation_id": "ukpga/2004/31",
    "title": "Establishment of LSCBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168977Z",
    "text": "Section 40) **Advisory and support services for family proceedings: supplementary**\nSchedule 3 (which makes supplementary and consequential provision relating to this Part, including provision relating to functions of Welsh family proceedings officers) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/40",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/40",
    "legislation_id": "ukpga/2004/31",
    "title": "Advisory and support services for family proceedings: supplementary",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 40,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168825Z",
    "text": "Section 16A) **Child Safeguarding Practice Review Panel**\n\n1) The Secretary of State must establish a panel to be known as the Child Safeguarding Practice Review Panel. \n2) The Secretary of State may make any arrangements that the Secretary of State considers appropriate for the establishment of the Panel in accordance with this section. \n3) The Panel is to consist of a chair and members appointed by the Secretary of State. \n4) A person may be appointed for a particular period or otherwise. \n5) The Secretary of State may remove the chair or a member of the Panel if satisfied that the chair or member— \n\ta) has become unfit or unable to discharge his or her functions properly, or \n\tb) has behaved in a way that is not compatible with continuing in office. \n6) The arrangements that may be made by the Secretary of State under subsection (2) include arrangements about— \n\ta) the Panel's proceedings; \n\tb) annual or other reports. \n7) The Secretary of State may provide staff, facilities or other assistance to the Panel (and the arrangements that may be made under this section include arrangements about those matters). \n8) The Secretary of State may pay remuneration or expenses to the chair and members of the Panel. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16A",
    "legislation_id": "ukpga/2004/31",
    "title": "Child Safeguarding Practice Review Panel",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168941Z",
    "text": "Section 31) **Establishment of LSCBs in Wales**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/31",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/31",
    "legislation_id": "ukpga/2004/31",
    "title": "Establishment of LSCBs in Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 31,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168803Z",
    "text": "Section 14) **Functions and procedure of LSCBs**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/14",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions and procedure of LSCBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168956Z",
    "text": "Section 34) **LSCBs in Wales: supplementary**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/34",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/34",
    "legislation_id": "ukpga/2004/31",
    "title": "LSCBs in Wales: supplementary",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 34,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168862Z",
    "text": "Section 16K) **Guidance by Secretary of State**\n\n1) The safeguarding partners and relevant agencies for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16E to 16J. \n2) Guidance given by the Secretary of State in connection with functions conferred by section 16F may include guidance about— \n\ta) circumstances in which it may be appropriate for a serious child safeguarding case to be reviewed; \n\tb) matters to be taken into account in deciding whether a review is making satisfactory progress or whether a report is of satisfactory quality. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16K",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16K",
    "legislation_id": "ukpga/2004/31",
    "title": "Guidance by Secretary of State",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168851Z",
    "text": "Section 16H) **Information**\n\n1) Any of the safeguarding partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16E or 16F, request a person or body to provide information specified in the request to— \n\ta) the safeguarding partner or any other safeguarding partner for the area, \n\tb) any of the relevant agencies for the area, \n\tc) a reviewer, or \n\td) another person or body specified in the request. \n2) The person or body to whom a request under this section is made must comply with the request. \n3) The safeguarding partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction. \n4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16H",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16H",
    "legislation_id": "ukpga/2004/31",
    "title": "Information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168833Z",
    "text": "Section 16C) **Events to be notified to the Panel**\n\n1) Where a local authority in England knows or suspects that a child has been abused or neglected, the local authority must notify the Child Safeguarding Practice Review Panel if— \n\ta) the child dies or is seriously harmed in the local authority's area, or \n\tb) while normally resident in the local authority's area, the child dies or is seriously harmed outside England. \n2) A local authority in England must have regard to any guidance given by the Secretary of State in connection with their functions under this section. \n3) In this section  “serious harm” has the meaning given by section 16B(9). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16C",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16C",
    "legislation_id": "ukpga/2004/31",
    "title": "Events to be notified to the Panel",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168807Z",
    "text": "Section 14A) **LSCBs: annual reports**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/14A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/14A",
    "legislation_id": "ukpga/2004/31",
    "title": "LSCBs: annual reports",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169003Z",
    "text": "Section 47) **Expiry of powers in sections 45 and 46**\n\n1) If no regulations have been made under section 45 by the relevant time, that section shall (other than for the purposes of section 46(2) and (3)) cease to have effect at that time. \n2) If no regulations have been made under section 46 by the relevant time, that section shall cease to have effect at that time. \n3) In this section, the relevant time is the end of the period of seven years beginning with the day on which this Act is passed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/47",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/47",
    "legislation_id": "ukpga/2004/31",
    "title": "Expiry of powers in sections 45 and 46",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 47,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168810Z",
    "text": "Section 14B) **Supply of information requested by LSCBs**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/14B",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/14B",
    "legislation_id": "ukpga/2004/31",
    "title": "Supply of information requested by LSCBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168836Z",
    "text": "Section 16D) **Information**\n\n1) The Child Safeguarding Practice Review Panel may, for the purpose of enabling or assisting the performance of a function conferred by section 16B, request a person or body to provide information specified in the request to— \n\ta) the Panel, \n\tb) a reviewer, or \n\tc) another person or body specified in the request. \n2) The person or body to whom a request under this section is made must comply with the request. \n3) The Panel may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction. \n4) The information may be used by the Panel, reviewer, or other person or body to whom it is provided only for the purpose mentioned in subsection (1). \n5) In this section  “reviewer” means any one or more persons appointed to review a case under the supervision of the Panel. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16D",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16D",
    "legislation_id": "ukpga/2004/31",
    "title": "Information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168989Z",
    "text": "Section 43) **Transfer of staff from CAFCASS to Assembly**\n\n1) For the purpose of the exercise of functions conferred on the Assembly by or under this Part, the Assembly and the Secretary of State may jointly by order make one or more schemes for the transfer of employees of CAFCASS to the Assembly. \n2) A scheme under this section may apply— \n\ta) to any description of employees of CAFCASS; \n\tb) to any individual employee of CAFCASS. \n3) A contract of employment of an employee transferred under a scheme under this section— \n\ta) is not terminated by the transfer; and \n\tb) has effect from the date of the transfer under the scheme as if originally made between the employee and the Assembly. \n4) Where an employee is so transferred— \n\ta) all the rights, powers, duties and liabilities of CAFCASS under or in connection with the contract of employment are by virtue of this subsection transferred to the Assembly on the date of the transfer under the scheme; and \n\tb) anything done before that date by or in relation to CAFCASS in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the Assembly. This subsection does not prejudice the generality of subsection (3). \n5) But if the employee informs the Assembly or CAFCASS that he objects to the transfer— \n\ta) subsections (3) and (4) do not apply; and \n\tb) his contract of employment is terminated immediately before the date of transfer but the employee is not to be treated, for any reason, as having been dismissed by CAFCASS. \n6) This section does not prejudice any right of an employee to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions. \n7) A scheme may be made under this section only if any requirements about consultation prescribed in regulations made by the Secretary of State and the Assembly jointly have been complied with in relation to each of the employees of CAFCASS to be transferred under the scheme. \n8) In this section  “CAFCASS” has the same meaning as in section 42. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/43",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/43",
    "legislation_id": "ukpga/2004/31",
    "title": "Transfer of staff from CAFCASS to Assembly",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 43,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168945Z",
    "text": "Section 32) **Functions and procedure of LSCBs in Wales**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/32",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/32",
    "legislation_id": "ukpga/2004/31",
    "title": "Functions and procedure of LSCBs in Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 32,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168883Z",
    "text": "Section 16Q) **Guidance and interpretation**\n\n1) The child death review partners for a local authority area in England must have regard to any guidance given by the Secretary of State in connection with functions conferred on them by sections 16M to 16P. \n2) In this section and sections 16M to 16P  “child death review partners”, in relation to a local authority area in England, means— \n\ta) the local authority; \n\tb) any integrated care board for an area any part of which falls within the local authority area. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16Q",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16Q",
    "legislation_id": "ukpga/2004/31",
    "title": "Guidance and interpretation",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168818Z",
    "text": "Section 15A) **Review of LSCBs' performance of functions**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/15A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/15A",
    "legislation_id": "ukpga/2004/31",
    "title": "Review of LSCBs' performance of functions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168814Z",
    "text": "Section 15) **Funding of LSCBs**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/15",
    "legislation_id": "ukpga/2004/31",
    "title": "Funding of LSCBs",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168873Z",
    "text": "Section 16N) **Information**\n\n1) Any of the child death review partners for a local authority area in England may, for the purpose of enabling or assisting the performance of functions conferred by section 16M, request a person or body to provide information specified in the request to— \n\ta) the child death review partner or any other child death review partner for the area, or \n\tb) another person or body. \n2) The person or body to whom a request under this section is made must comply with the request. \n3) The child death review partner that made the request may enforce the duty under subsection (2) against the person or body by making an application to the High Court or the county court for an injunction. \n4) The information may be used by the person or body to whom it is provided only for the purpose mentioned in subsection (1). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16N",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16N",
    "legislation_id": "ukpga/2004/31",
    "title": "Information",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168948Z",
    "text": "Section 32A) **Supply of information requested by LSCBs in Wales**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/32A",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/32A",
    "legislation_id": "ukpga/2004/31",
    "title": "Supply of information requested by LSCBs in Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168880Z",
    "text": "Section 16P) **Combining child death review partner areas and delegating functions**\n\n1) The child death review partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16M to 16O and subsections (3) and (4) of this section. \n2) References in sections 16M to 16O and in subsections (3) and (4) of this section to a local authority area are to be read in accordance with any agreement under subsection (1). \n3) Where a local authority is a child death review partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other. \n4) Where an integrated care board is a child death review partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16M to 16O on behalf of the other. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16P",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16P",
    "legislation_id": "ukpga/2004/31",
    "title": "Combining child death review partner areas and delegating functions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168952Z",
    "text": "Section 33) **Funding of LSCBs in Wales**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/33",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/33",
    "legislation_id": "ukpga/2004/31",
    "title": "Funding of LSCBs in Wales",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 33,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168855Z",
    "text": "Section 16I) **Funding**\n\n1) The safeguarding partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E or 16F— \n\ta) by making payments directly, or \n\tb) by contributing to a fund out of which the payments may be made. \n2) The payments that may be made include payments of remuneration, allowances or expenses to a reviewer or an independent person. \n3) The safeguarding partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16E or 16F. \n4) Relevant agencies for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16E— \n\ta) by making payments directly, or \n\tb) by contributing to a fund out of which the payments may be made. \n5) In this section an  “independent person” means an independent person mentioned in section 16G(3). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16I",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16I",
    "legislation_id": "ukpga/2004/31",
    "title": "Funding",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168876Z",
    "text": "Section 16O) **Funding**\n\n1) The child death review partners for a local authority area in England may make payments towards expenditure incurred in connection with arrangements under section 16M— \n\ta) by making payments directly, or \n\tb) by contributing to a fund out of which payments may be made. \n2) The child death review partners for a local authority area in England may provide staff, goods, services, accommodation or other resources to any person for purposes connected with arrangements under section 16M. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16O",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16O",
    "legislation_id": "ukpga/2004/31",
    "title": "Funding",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168963Z",
    "text": "Section 36) **Ancillary powers of the Assembly**\n\n1) The Assembly may make arrangements with organisations under which the organisations perform the functions of the Assembly under section 35 on its behalf. \n2) Arrangements under subsection (1) may provide for the organisations to designate individuals who may perform functions of Welsh family proceedings officers. \n3) The Assembly may only make an arrangement under subsection (1) if it is of the opinion— \n\ta) that the functions in question will be performed efficiently and to the required standard; and \n\tb) that the arrangement represents good value for money. \n4) The Assembly may make arrangements with individuals under which they may perform functions of Welsh family proceedings officers. \n5) The Assembly may make arrangements with an organisation or individual under which staff of the Assembly engaged in the exercise of its functions under section 35 may work for the organisation or individual. \n6) The Assembly may make arrangements with an organisation or individual under which any services provided by the Assembly’s staff to the Assembly in the exercise of its functions under section 35 are also made available to the organisation or individual. \n7) The Assembly may charge for anything done under arrangements under subsection (5) and (6). \n8) In this section, references to organisations include public bodies and private or voluntary organisations. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/36",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/36",
    "legislation_id": "ukpga/2004/31",
    "title": "Ancillary powers of the Assembly",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 36,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168858Z",
    "text": "Section 16J) **Combining safeguarding partner areas and delegating functions**\n\n1) The safeguarding partners for two or more local authority areas in England may agree that their areas are to be treated as a single area for the purposes of sections 16E to 16I and subsections (3) to (5) of this section. \n2) References in sections 16E to 16I and in subsections (3) to (5) of this section to a local authority area are to be read in accordance with any agreement under subsection (1). \n3) Where a local authority is a safeguarding partner for the same local authority area as another local authority (as a result of an agreement under subsection (1)), the authorities may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other. \n4) Where an integrated care board is a safeguarding partner for the same local authority area as another integrated care board, the boards may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other. \n5) Where a chief officer of police is a safeguarding partner for the same area as another chief officer of police, the officers may arrange for one of them to carry out functions under sections 16E to 16I on behalf of the other. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16J",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16J",
    "legislation_id": "ukpga/2004/31",
    "title": "Combining safeguarding partner areas and delegating functions",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168866Z",
    "text": "Section 16L) **Interpretation of sections 16E to 16K**\nIn sections 16E to 16K— \n\t- “reviewer” has the meaning given by section 16F(7);\n\t- “safeguarding partner”, in relation to a local authority area, has the meaning given by section 16E(3);\n\t- “serious child safeguarding cases” has the meaning given by section 16B(9);\n\t- “relevant agency”, in relation to a local authority area, has the meaning given by section 16E(3).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16L",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16L",
    "legislation_id": "ukpga/2004/31",
    "title": "Interpretation of sections 16E to 16K",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169078Z",
    "text": "Section 68) **Extent**\n\n1) Part 1 extends to the whole of the United Kingdom (unless otherwise specifically provided). \n2) Parts 2 to 4 extend to England and Wales only. \n3) In Part 5— \n\ta) sections 44 to 62 extend to England and Wales only; \n\tb) section 63 extends to the whole of the United Kingdom. \n4) In this Part— \n\ta) section 64 and Schedule 5 extend to England and Wales only; and \n\tb) the remaining provisions extend to the whole of the United Kingdom. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/68",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/68",
    "legislation_id": "ukpga/2004/31",
    "title": "Extent",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 68,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168916Z",
    "text": "Section 24) **Performance rating of social services**\n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/24",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/24",
    "legislation_id": "ukpga/2004/31",
    "title": "Performance rating of social services",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 24,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.169065Z",
    "text": "Section 64) **Repeals**\nThe enactments specified in Schedule 5 are repealed to the extent specified. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/64",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/64",
    "legislation_id": "ukpga/2004/31",
    "title": "Repeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 64,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168821Z",
    "text": "Section 16) **LCSBs: supplementary**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/16",
    "legislation_id": "ukpga/2004/31",
    "title": "LCSBs: supplementary",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168970Z",
    "text": "Section 38) **Inspections**\n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/38",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/38",
    "legislation_id": "ukpga/2004/31",
    "title": "Inspections",
    "extent": [
      "England",
      "Wales"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
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    "number": 38,
    "legislation_type": "ukpga",
    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-01-29T04:47:56.168737Z",
    "text": "Section 4) **Other inquiries held by Commissioner**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2004/31/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2004/31/section/4",
    "legislation_id": "ukpga/2004/31",
    "title": "Other inquiries held by Commissioner",
    "extent": [
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    "number": 4,
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    "legislation_year": 2004,
    "legislation_number": 31,
    "act_name": "Children Act 2004"
  },
  {
    "created_at": "2026-02-20T07:33:53.088280Z",
    "text": "Section 67) **Short title**\nThis Act may be cited as the Safeguarding Vulnerable Groups Act 2006. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/67",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/67",
    "legislation_id": "ukpga/2006/47",
    "title": "Short title",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
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    "number": 67,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088321Z",
    "text": "SCHEDULE 9 Amendments Section 63 ## Part 1\n## Existing lists\n\n*Children Act 1989 (c. 41)*\n\n1) In Schedule 9A to the Children Act 1989 (child minding and day care for young children), after paragraph 4(2)(b) insert— \n\tba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); . *Teaching and Higher Education Act 1998 (c. 30)*\n\n2) The Teaching and Higher Education Act 1998 is amended as follows. \n3) Section 2(4) (advisory functions of General Teaching Council) is omitted. \n4) In section 3(3) (eligibility for registration), after paragraph (a) insert— \n\taa) barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006), . \n5) \n1) Section 15 (supply of information following dismissal etc) is amended as follows. \n2) In subsection (1)— \n\ta) in paragraph (a) for  “a person's services on a ground mentioned in section 142 of the Education Act 2002” substitute “\n                          the services of a registered teacher on a ground mentioned in subsection (1A)\n               ” ; \n\tb) in paragraph (b)— \n\t\ti) for  “a person's” substitute “\n                              a registered teacher's\n                 ” ; \n\t\tii) for  “section” substitute “\n                              subsection\n                 ” ; \n\t\tiii) for  “the person” substitute “\n                              the teacher\n                 ” . \n3) After subsection (1) insert— \n1A) The grounds are— \n\ta) misconduct; \n\tb) professional incompetence; \n\tc) conviction of a relevant offence within the meaning of paragraph 8 of Schedule 2. \n4) In subsection (2)— \n\ta) for  “a person” substitute “\n                          a teacher\n               ” ; \n\tb) for the words from  “such of the following” to the end substitute “\n                          the Council\n               ” . \n5) In subsection (3)— \n\ta) for  “a person” substitute “\n                          a teacher\n               ” . \n\tb) for the words from  “such of the following” to the end substitute “\n                          the General Teaching Council for Wales\n               ” . \n6) Omit subsection (4). \n7) In subsection (5) for the definition of  “relevant employer” substitute— “relevant employer” means— \n\t\ta) a local education authority; \n\t\tb) a person exercising a function relating to the provision of education on behalf of a local education authority; \n\t\tc) the proprietor of a school; \n\t\td) the governing body of a further education institution; “education” includes vocational, social, physical and recreational training; “proprietor” and  “school” have the meanings given in the Education Act 1996; “further education institution” has the meaning given in section 140 of the Education Act 2002; . \n6) \n1) Section 15A (supply of information by contractor, agency, etc) is amended as follows. \n2) In subsection (1) for  “another person (the  “worker”)” substitute “\n                      a registered teacher (the  “teacher”)\n             ” . \n3) In subsection (2)— \n\ta) in paragraph (a) for  “section 142 of the Education Act 2002” substitute “\n                          section 15(1A)\n               ” ; \n\tb) in paragraph (b) for  “section” substitute “\n                          subsection\n               ” ; \n\tc) in paragraph (c)— \n\t\ti) for  “worker” substitute “\n                              teacher\n                 ” ; \n\t\tii) for  “section” substitute “\n                              subsection\n                 ” . \n4) In subsection (3)— \n\ta) for  “worker” substitute “\n                          teacher\n               ” ; \n\tb) for the words from  “such of the following” to the end substitute “\n                          the Council\n               ” . \n5) In subsection (4)— \n\ta) for  “worker” substitute “\n                          teacher\n               ” ; \n\tb) for the words from  “such of the following” to the end substitute “\n                          the General Teaching Council for Wales\n               ” . \n6) In subsection (9)— \n\ta) for  “Subsections (4) and” substitute “\n                          Subsection\n               ” ; \n\tb) for  “they apply” substitute “\n                          it applies\n               ” . \n7) In paragraph 1(4) of Schedule 2 (disciplinary powers of Council), for the words from  “of the powers exercisable” to the end substitute “\n                  of the powers exercisable by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006\n           ” . *Protection of Children Act 1999 (c. 14)*\n\n8) \n1) The Protection of Children Act 1999 is amended as follows. \n2) Sections 1 to 4C and 7 (list of persons considered unsuitable to work with children) are omitted. \n3) In section 9 (the Tribunal)— \n\ta) in subsection (1), omit the words from “\n                          which shall exercise\n               ” to the end; \n\tb) in subsection (2)— \n\t\ti) omit paragraphs (a) and (b); \n\t\tii) in paragraph (d), for  “68, 86, 87 or 88” substitute “\n                              or 68\n                 ” ; \n\t\tiii) omit paragraph (e); \n\tc) omit subsection (3A). \n4) In section 12 (interpretation)— \n\ta) in subsection “\n                          (1)\n               ” , omit all the definitions except the definition of  “prescribed”; \n\tb) omit subsections “\n                          (2) to (3A)\n               ” . *Care Standards Act 2000 (c. 14)*\n\n9) Sections 80 to 89 and 91 to 93 of the Care Standards Act 2000 (list of persons considered unsuitable to work with vulnerable adults) are omitted. *Childcare Act 2006*\n\n10) \n1) In section 75(3) of the Childcare Act 2006 (disqualification from registration), after paragraph (b) insert— \n\tba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); . ## Part 2\n## Other amendments\n\n*Police Pensions Act 1976 (c. 35)*\n\n11) \n1) The Police Pensions Act 1976 is amended as follows. \n2) In section 7(2)\n\n\t\t\t\t\t(persons eligible for police pensions), after paragraph (cf) insert— \n\tcg) a member of staff of the Independent Barring Board who holds the office of constable; . \n3) In section 11— \n\ta) in subsection (1)\n\n\t\t\t\t\t\t\t(references to membership of a police force etc.), after paragraph (bf) insert— \n\t\tbg) service, by a person holding the office of constable, as a member of staff of the Independent Barring Board; \n\tb) in subsection (2)\n\n\t\t\t\t\t\t\t(meaning of  “police authority”), after paragraph (f) insert— \n\t\tbg) in relation to any service such as is mentioned in subsection (1)(bg), it means the Independent Barring Board; \n\tc) in subsection (3)\n\n\t\t\t\t\t\t\t(meaning of  “police force”), in paragraph (b), after  “(bf),” insert “\n                          (bg),\n               ” >. *Children Act 1989 (c. 41)*\n\n12) In section 68 of the Children Act 1989 (persons disqualified from being private foster parents) after subsection (3) insert— \n3A) A person shall not foster a child privately if— \n\ta) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006); or \n\tb) he lives in the same household as a person who is barred from such activity. *Police Act 1996 (c. 16)*\n\n13) \n1) Section 97 of the Police Act 1996 (police officers engaged on service outside their force) is amended as follows. \n2) In subsection (1)\n\n\t\t\t\t\t(meaning of  “relevant service”), after paragraph (cg) insert— \n\tch) temporary service with the Independent Barring Board on which a person is engaged with the consent of the appropriate authority; . \n3) In subsections (6)(a) and (8), after  “(cg)” insert “\n                      , (ch)\n             ” >. *Police Act 1997 (c. 50)*\n\n14) \n1) The Police Act 1997 is amended as follows. \n2) In section 113A (criminal record certificates) after subsection (6) insert— \n7) The Secretary of State may by order amend the definitions of  “central records” and  “relevant matter” in subsection (6). \n8) The power to make an order under subsection (7) is exercisable by statutory instrument, but no such order may be made unless a draft of the instrument containing the order is laid before and approved by resolution of each House of Parliament. \n3) In section 113B (enhanced criminal record certificates), in subsection (2)(b) after  “required” insert “\n                      for the purposes of an exempted question asked\n             ” . \n4) After section 113B insert— \n\nSection 113BA) **Suitability information relating to children**\n\n1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to children. \n2) Suitability information relating to children is— \n\ta) whether the applicant is barred from regulated activity relating to children; \n\tb) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred; \n\tc) whether the applicant is subject to monitoring in relation to regulated activity relating to children; \n\td) whether the Independent Barring Board is considering whether to include the applicant in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3 to the 2006 Act. \n3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that  “prescribed” must be construed in accordance with section 125 of this Act. \n4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006. \n\nSection 113BB) **Suitability information relating to vulnerable adults**\n\n1) In such cases as are prescribed, an enhanced criminal record certificate must also include suitability information relating to vulnerable adults. \n2) Suitability information relating to vulnerable adults is — \n\ta) whether the applicant is barred from regulated activity relating to vulnerable adults; \n\tb) if the applicant is barred from such activity, such details as are prescribed of the circumstances in which he became barred; \n\tc) whether the applicant is subject to monitoring in relation to regulated activity relating to vulnerable adults; \n\td) whether the Independent Barring Board is considering whether to include the applicant in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 3 to the 2006 Act. \n3) Expressions used in this section and in the 2006 Act have the same meaning in this section as in that Act, except that  “prescribed” must be construed in accordance with section 125 of this Act. \n4) “The 2006 Act” means the Safeguarding Vulnerable Groups Act 2006. \n\nSection 113BC) **Suitability information: power to amend**\n\n1) The Secretary of State may by order made by statutory instrument— \n\ta) amend section 113BA for the purpose of altering the meaning of suitability information relating to children; \n\tb) amend section 113BB for the purpose of altering the meaning of suitability information relating to vulnerable adults. \n2) Such an order is subject to annulment in pursuance of a resolution of either House of Parliament. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) In section 119 (sources of information)— \n\ta) in subsection (1), for the words from  “his functions” to the end substitute “\n                          a relevant function\n               ” ; \n\tb) before subsection (2) insert— \n\t1B) The Secretary of State may require the chief officer of a police force to make available such information as he may specify for the purpose of determining, in relation to applications under section 113B, whether the police force is a relevant police force. ; \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) after subsection (7) insert— \n\t8) In this section a relevant function is a function of the Secretary of State — \n\t\ta) under this Part in relation to any application for a certificate or for registration; \n\t\tb) under this Part in relation to the determination of whether a person should continue to be a registered person; \n\t\tc) under section 24 of the Safeguarding Vulnerable Groups Act 2006 in relation to monitoring a person in relation to a regulated activity (within the meaning of that Act); \n\t\td) under paragraph 1, 2, 7 or 8 of Schedule 3 to that Act (considering whether criteria prescribed for the purpose of that paragraph apply to an individual). *Data Protection Act 1998 (c. 29)*\n\n15) \n1) The Data Protection Act 1998 is amended as follows. \n2) In section 56 (prohibition of requirement as to production of certain records) in the table in subsection (6)— \n\ta) in the second column of the entry relating to the Secretary of State, after paragraph (f) insert— (g) His functions under the Safeguarding Vulnerable Groups Act 2006. \n\tb) after the entry relating to the Department of Health and Social Services in Northern Ireland insert— 4. The Independent Barring BoardIts functions under the Safeguarding Vulnerable Groups Act 2006. \n3) In section 75 (commencement etc.), after subsection (4) insert— \n4A) Subsection (4) does not apply to section 56 so far as that section relates to a record containing information relating to— \n\ta) the Secretary of State's functions under the Safeguarding Vulnerable Groups Act 2006, or \n\tb) the Independent Barring Board's functions under that Act. *Care Standards Act 2000 (c. 14)*\n\n16) In section 58 of the Care Standards Act 2000, after subsection (3) insert— \n4) For the purposes of subsection (1)(a), in considering whether a person is of good character, the Council may have regard to whether he is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups Act 2006). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/9",
    "legislation_id": "ukpga/2006/47",
    "title": "Amendments",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
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    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088131Z",
    "text": "Section 28) **Independent monitor**\nAfter section 119A of the Police Act 1997 (c. 50)\n\n\t\t\t(further sources of information: Scotland) insert— \n\nSection 119B) **Independent monitor**\n\n1) There is to be an independent monitor for the purposes of this Part. \n2) The independent monitor is a person appointed by the Secretary of State— \n\ta) for such period, not exceeding three years, as the Secretary of State decides; \n\tb) on such terms as the Secretary of State decides. \n3) A person may be appointed for a further period or periods. \n4) The Secretary of State may terminate the appointment of the independent monitor before the end of the period mentioned in subsection (2)(a) by giving the monitor notice of the termination not less than three months before it is to take effect. \n5) The independent monitor must review— \n\ta) all cases in which information is disclosed to a registered person in pursuance of section 113B(6)(b); \n\tb) a sample of cases in which a certificate issued under section 113B has included information in pursuance of subsection (4)(b) of that section; \n\tc) a sample of cases in which the chief officer of a police force has decided that information must not be included in a certificate or report in pursuance of section 113B(4)(b) or disclosed in pursuance of section 113B(5)(c) and (6)(b); \n\td) all cases in which information is withheld from an individual because it is information to which section 24(9) of the Safeguarding Vulnerable Groups Act 2006 applies; \n\te) a sample of cases in which relevant information (within the meaning of section 24(8)(b) of that Act) is provided to an individual in pursuance of section 24(4)(a) of that Act. \n6) The purpose of a review under subsection (5) is to ensure compliance with Article 8 of the European Convention of Human Rights. \n7) The independent monitor must in relation to each year make a report to the Secretary of State about the performance of police forces in exercising their functions under this Part. \n8) The independent monitor may make recommendations to the Secretary of State as to— \n\ta) any guidance issued by the Secretary of State or which the monitor thinks it would be appropriate for the Secretary of State to issue; \n\tb) any changes to any enactment which the monitor thinks may be appropriate. \n9) The chief officer of a police force must provide to the independent monitor such information as the monitor reasonably requires in connection with the exercise of his functions under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/28",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/28",
    "legislation_id": "ukpga/2006/47",
    "title": "Independent monitor",
    "extent": [
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    "number": 28,
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    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088300Z",
    "text": "SCHEDULE 4 Regulated Activity Section 5 ## Part 1\n## Regulated activity relating to children\n\n*Regulated activity: general*\n\n1) \n1) An activity is a regulated activity relating to children if— \n\ta) it is mentioned in paragraph 2(1), and \n\tb) except in the case of activities falling within sub-paragraph (1A), it is carried out frequently by the same person or the period condition is satisfied. \n1A) The following activities fall within this sub-paragraph— \n\ta) relevant personal care, and \n\tb) health care provided by, or under the direction or supervision of, a health care professional. \n1B) In this Part of this Schedule  “relevant personal care” means— \n\ta) physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition), \n\tb) physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with— \n\t\ti) toileting (including in relation to the process of menstruation), \n\t\tii) washing or bathing, or \n\t\tiii) dressing, \n\tc) the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision, \n\td) the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision, \n\te) any form of training, instruction, advice or guidance which— \n\t\ti) relates to the performance of the activity of eating or drinking, \n\t\tii) is given to a child who is in need of it by reason of illness or disability, and \n\t\tiii) does not fall within paragraph (c), or \n\tf) any form of training, instruction, advice or guidance which— \n\t\ti) relates to the performance of any of the activities listed in paragraph (b)(i) to (iii), \n\t\tii) is given to a child who is in need of it by reason of age, illness or disability, and \n\t\tiii) does not fall within paragraph (d). \n1C) In this Part of this Schedule — \n\t- “health care” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,\n\t- “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.\n1D) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid. \n2) An activity is a regulated activity relating to children if— \n\ta) it is carried out frequently by the same person or the period condition is satisfied, \n\tb) it is carried out in an establishment mentioned in paragraph 3(1), \n\tc) it is carried out by a person while engaging in any work falling within sub-paragraph (2A) or (2B) , \n\td) it is carried out for or in connection with the purposes of the establishment, and \n\te) it gives that person the opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with children. \n2A) Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which— \n\ta) is undertaken in pursuance of a contract for the provision of occasional or temporary services, and \n\tb) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)). \n2B) Work falls within this sub-paragraph if it is any form of work which is not for gain, other than— \n\ta) any such work which— \n\t\ti) is carried out on a temporary or occasional basis, and \n\t\tii) is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or \n\tb) any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. \n2C) The reference in subsection (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned. \n3) Each of the following, if carried out in England, is a regulated activity relating to children— \n\ta) providing early years childminding in respect of which a requirement to register arises by section 33(1) of the Childcare Act 2006 (c. 21) (requirement to register); \n\tb) providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register); \n\tc) providing early years childminding or later years childminding, if it is provided by a person who is registered by virtue of section 62(1) of that Act (voluntary registration of childminders); \n\td) providing later years childminding for a child who has attained the age of eight, if a requirement to register would arise in respect of that provision by section 52(1) of that Act if the child had not attained that age. \n4) Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act. \n5) It is a regulated activity relating to children to foster a child (as mentioned in section 53). \n6) Each of the following, if carried out in Wales, is a regulated activity relating to children— \n\ta) acting as a child minder so as to give rise to a requirement to register under section 21 of the Children and Families (Wales) Measure 2010 ; \n\tb) an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight (or such other age as may be substituted by order under section 19(4)(a) of the Children and Families (Wales) Measure 2010) . \n7) For the purposes of sub-paragraph (6),  “acting as a child minder” must be construed in accordance with section 19 of the Children and Families (Wales) Measure 2010 . \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) The exercise of a function of the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales is a regulated activity relating to children. \n9A) The exercise of a function so far as the function— \n\ta) relates to any of the matters mentioned in sub-paragraph (9B), \n\tb) gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, and \n\tc) is not a function which falls within sub-paragraph (9C), is a regulated activity relating to children. \n9B) The matters in this sub-paragraph are— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) the exercise of a power under section 41 or 42 of the Children and Families (Wales) Measure 2010 (powers of inspection etc on entry onto childminding or day care premises in Wales or premises on which childminding or day care is suspected to be taking place); \n\tc) any step taken in relation to Wales for the purposes of section 87(3) of the Children Act 1989 (welfare of children in boarding schools and colleges); \n\td) an inspection in Wales under section 87(6) of that Act (inspection of boarding school or college); \n\te) any step taken in relation to Wales by a person appointed under section 87A(1) of that Act (appointment as an inspector of boarding schools and colleges)— \n\t\ti) for the purposes of an agreement made in accordance with section 87A(2) of that Act, or \n\t\tii) in order to comply with any requirement imposed on the person under section 87B of that Act; \n\tf) an inspection under section  ... 18C of the Education Act 1994 (inspection of teacher training); \n\tg) an inspection under section 38 of the Education Act 1997 (inspection of local education authorities in Wales); \n\th) an inspection in Wales under section 33 of the Regulation and Inspection of Social Care (Wales) Act 2016 (inspections of regulated care and support services) of a residential family centre service, a fostering service, or an adoption service (each of which has the meaning given in Schedule 1 to that Act); \n\ti) an inspection under Part 4 of the Learning and Skills Act 2000 (inspection of education and training within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales); \n\tj) a review under section 149B of the Social Services and Well-being (Wales) Act 2014 (reviews of local authority social services functions in Wales); \n\tk) a review under section 149B of that Act as applied by section 30 of the Children Act 2004 (review or investigation of the functions of children’s services authorities in Wales); \n\tl) an inspection under section 28 of the Education Act 2005 (duty of Her Majesty’s Chief Inspector of Education and Training in Wales to arrange regular inspections of certain schools); \n\tm) an inspection under section  ... 50 of that Act (inspection of religious denominational education); \n\tn) an inspection in Wales under section 51 of that Act (power of local education authorities to inspect maintained school for specific purpose); \n\to) an inspection under section 55 of that Act (inspection of careers services in Wales); \n\tp) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tq) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tr) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\ts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tt) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9C) The exercise of a function to which sub-paragraph (10) applies so far as the function— \n\ta) relates to the inspection of an establishment mentioned in paragraph 3(1), and \n\tb) gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, is a regulated activity relating to children. \n10) This sub-paragraph applies to a function of — \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) HM Chief Inspector of Education and Training in Wales; \n\tba) a body approved under section 106 of the Education and Skills Act 2008 (bodies approved to inspect registered independent educational institutions in England); \n\tc) a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school in Wales ; \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) the Welsh Ministers . \n11) The exercise of a function of the Welsh Ministers so far as the function— \n\ta) relates to the inspection of an establishment, agency , service provider or body falling within sub-paragraph (12), and \n\tb) gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children, is a regulated activity relating to children. \n12) An establishment, agency , service provider or body falls within this sub-paragraph if it is— \n\ta) an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14), \n\tb) an agency in relation to which such a requirement arises,  ... \n\tba) a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, \n\tc) an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), and it provides any form of treatment or therapy for children. \n12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n13) In sub-paragraph (12)(c) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided). \n13A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n14) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1), (2), (9A), (9C) or (11) is a regulated activity relating to children. \n15) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children. *Activities*\n\n2) \n1) The activities referred to in paragraph 1(1) are— \n\ta) any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children; \n\tb) any form of care for or supervision of children, unless the care or supervision is merely incidental to care for or supervision of persons who are not children; \n\tc) any form of advice or guidance provided wholly or mainly for children, if the advice or guidance relates to their physical, emotional or educational well-being; \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children; \n\tf) driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances. \n2) Sub-paragraph (1)(a), (b) and (c) do not include— \n\ta) teaching, training or instruction provided to a child in the course of his employment; \n\tb) care for or supervision of a child in the course of his employment; \n\tc) advice or guidance provided for a child in the course of his employment; \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) Sub-paragraph (2) does not apply if— \n\ta) the child has not attained the age of 16, and \n\tb) the activity is carried out by a person in respect of whom arrangements exist principally for that purpose. \n3A) Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. \n3B) Sub-paragraph (1)(b)— \n\ta) does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and \n\tb) does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children. \n3C) The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned. \n3D) Sub-paragraph (1)(c) does not include any legal advice. \n4) For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting children, he has any function relating to— \n\ta) monitoring the content of matter which forms any part of the service, \n\tb) removing matter from, or preventing the addition of matter to, the service, or \n\tc) controlling access to, or use of, the service. \n5) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has— \n\ta) access to the content of the matter; \n\tb) contact with users of the service. \n6) In sub-paragraph (2) employment includes any form of work which is carried out under the supervision or control of another, whether or not the person carrying it out is paid for doing so. *Establishments*\n\n3) \n1) The establishments referred to in paragraph 1(2) and (9C) are— \n\ta) an educational institution which is exclusively or mainly for the provision of full-time education to children; \n\taa) a school falling within section 19(2) or (2B) 19(2B) or 19A(2) of the Education Act 1996\n (pupil referral units etc ) which does not fall within sub-paragraph (1)(a); \n\tab) an alternative provision Academy which does not fall within paragraph (a); \n\tb) an establishment which is exclusively or mainly for the provision of nursery education (within the meaning of section 117 of the School Standards and Framework Act 1998 (c. 31)); \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) an institution which is exclusively or mainly for the detention of children; \n\tda) premises in Wales at which a secure accommodation service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided; \n\te) a children's home in England (within the meaning of section 1 of the Care Standards Act 2000 (c. 14)); \n\tea) premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to children; \n\tf) a home provided in pursuance of arrangements under section 82(5) of the Children Act 1989 (c. 41); \n\tfa) a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006); \n\tg) relevant childcare premises. \n2) Relevant childcare premises are any part of premises on which a person carries on— \n\ta) any form of childcare (within the meaning of section 18 of the Childcare Act 2006 (c. 21)) in respect of which he must be registered under that Act; \n\tb) any form of such childcare in respect of which he may be registered under that Act, whether or not he is so registered; \n\tc) any form of child minding or day care (within the meaning of section 19 of the Children and Families (Wales) Measure 2010) in respect of which he must be registered under that Act. \n3) But premises on which a person carries on childcare or child minding are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the childcare or child minding is provided. \n4) For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child. \n5) “Parental responsibility” has the same meaning as in the Children Act 1989. *...*\n\n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) A person who is part of a group in relation to which another (P) engages in regulated activity relating to children does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this paragraph, would amount to engaging in regulated activity relating to children. *Guidance*\n\n5A) \n1) The Secretary of State must give guidance for the purpose of assisting regulated activity providers and personnel suppliers in deciding whether supervision is of such a kind that, as a result of paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised would not be engaging in regulated activity relating to children. \n2) Before giving guidance under this paragraph, the Secretary of State must consult the Welsh Ministers. \n3) The Secretary of State must publish guidance given under this paragraph. \n4) A regulated activity provider or a personnel supplier must, in exercising any functions under this Act, have regard to guidance for the time being given under this paragraph. *Exceptions*\n\n6) The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to children is not to be treated as a regulated activity. ## Part 2\n## Regulated activity relating to vulnerable adults\n\n\n7) \n1) Each of the following is a regulated activity relating to vulnerable adults— \n\ta) the provision to an adult of health care by, or under the direction or supervision of, a health care professional, \n\tb) the provision to an adult of relevant personal care, \n\tc) the provision by a social care worker of relevant social work to an adult who is a client or potential client, \n\td) the provision of assistance in relation to general household matters to an adult who is in need of it by reason of age, illness or disability, \n\te) any relevant assistance in the conduct of an adult's own affairs, \n\tf) the conveying by persons of a prescribed description in such circumstances as may be prescribed of adults who need to be conveyed by reason of age, illness or disability, \n\tg) such activities— \n\t\ti) involving, or connected with, the provision of health care or relevant personal care to adults, and \n\t\tii) not falling within any of the above paragraphs, as are of a prescribed description. \n2) Health care includes all forms of health care provided for individuals, whether relating to physical or mental health and also includes palliative care and procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition. \n3) A health care professional is a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002. \n3A) Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to an adult by any person acting on behalf of an organisation established for the purpose of providing first aid. \n3B) Relevant personal care means— \n\ta) physical assistance, given to a person who is in need of it by reason of age, illness or disability, in connection with— \n\t\ti) eating or drinking (including the administration of parenteral nutrition), \n\t\tii) toileting (including in relation to the process of menstruation), \n\t\tiii) washing or bathing, \n\t\tiv) dressing, \n\t\tv) oral care, or \n\t\tvi) the care of skin, hair or nails, \n\tb) the prompting, together with supervision, of a person who is in need of it by reason of age, illness or disability in relation to the performance of any of the activities listed in paragraph (a) where the person is unable to make a decision in relation to performing such an activity without such prompting and supervision, or \n\tc) any form of training, instruction, advice or guidance which— \n\t\ti) relates to the performance of any of the activities listed in paragraph (a), \n\t\tii) is given to a person who is in need of it by reason of age, illness or disability, and \n\t\tiii) does not fall within paragraph (b). \n3C) Relevant social work has the meaning given by section 55(4) of the Care Standards Act 2000 and social care worker means a person who is a social care worker by virtue of section 55(2)(a) of that Act. \n3CA) In relation to a vulnerable adult in Wales, relevant social work has the meaning given by section 79(4) of the Regulation and Inspection of Social Care (Wales) Act 2016, and social care worker means a person who is a social care worker by virtue of section 79(1)(a) of that Act. \n3D) Assistance in relation to general household matters is day to day assistance in relation to the running of the household of the person concerned where the assistance is the carrying out of one or more of the following activities on behalf of that person— \n\ta) managing the person's cash, \n\tb) paying the person's bills, \n\tc) shopping. \n3E) Relevant assistance in the conduct of a person's own affairs is anything done on behalf of the person by virtue of— \n\ta) a lasting power of attorney created in respect of the person in accordance with section 9 of the Mental Capacity Act 2005, \n\tb) an enduring power of attorney (within the meaning of Schedule 4 to that Act) in respect of the person which is— \n\t\ti) registered in accordance with that Schedule, or \n\t\tii) the subject of an application to be so registered, \n\tc) an order made under section 16 of that Act by the Court of Protection in relation to the making of decisions on the person's behalf, \n\td) the appointment of an independent mental health advocate or (as the case may be) an independent mental capacity advocate in respect of the person in pursuance of arrangements under section 130A of the Mental Health Act 1983 or section 35 of the Mental Capacity Act 2005, \n\te) the provision of independent advocacy services (within the meaning of section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006) in respect of the person, or \n\tf) the appointment of a representative to receive payments on behalf of the person in pursuance of regulations made under the Social Security Administration Act 1992. \n3EA) Relevant assistance in the conduct of a person’s own affairs is also representing or supporting the person in pursuance of arrangements made under section 67 or 68 of the Care Act 2014 (independent advocacy support). \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1)  ... is a regulated activity relating to vulnerable adults. \n6) The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults. \n7) An inspection function is a function relating to the inspection of— \n\ta) a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act), \n\tb) an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000, \n\tc) an agency in relation to which such a requirement arises, \n\td) a person to whom Part 2 of that Act applies in pursuance of regulations under section 42 of that Act, \n\tda) a service provider within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, \n\te) an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003, or \n\tf) any person, other than a local authority, providing  ... Welsh local authority social services within the meaning of that section, in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body. \n8) In sub-paragraph (7)(e) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided). \n8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) The exercise of a function of the Commissioner for older people in Wales or the deputy Commissioner for older people in Wales is a regulated activity relating to vulnerable adults. \n10) A person who is part of a group in relation to which another (P) engages in regulated activity relating to vulnerable adults does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this sub-paragraph, would amount to engaging in regulated activity relating to vulnerable adults. \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity. ## Part 3\n## The period condition\n\n\n10) \n1) The period condition is satisfied if the person carrying out the activity does so at any time on more than three days in any period of 30 days. \n2) In relation to an activity that falls within paragraph 2(1)(a), (b) or (c)  ..., the period condition is also satisfied if— \n\ta) the person carrying out the activity does so at any time between 2 a.m. and 6 a.m, and \n\tb) the activity gives the person the opportunity to have face-to-face contact with children  ... . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/4",
    "legislation_id": "ukpga/2006/47",
    "title": "Regulated Activity",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088313Z",
    "text": "SCHEDULE 7 Barring Information Section 30 \n1) This is the table referred to in sections 30A and 30B — Column 1Column 21. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to childrenChildren2. Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adultsVulnerable adults. . .. . .. . .. . .5. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to childrenChildren6. Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adultsVulnerable adults. . .. . .. . .. . .9. Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity providerChildren10. Parent who is considering whether B should be a private foster parent (within the meaning of section 53) in relation to his childChildren11. Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fosteredChildren12. Local authority (within the meaning of the Children Act 1989) in the exercise of functions under section 67 of that Act considering whether B is suitable — to foster a child privately (within the meaning of that Act); to live in premises in which a child is so fosteredChildren13. Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity providerVulnerable adults14. Person who carries on an adult placement scheme or provides an adult placement service  and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the scheme or service Vulnerable adults15. Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a childChildren16. Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adultsVulnerable adults. . .Children18. Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to section ... 100 of the Apprenticeships, Skills, Children and Learning Act 2009 , section 14 of the Education Act 2002 or section 34(1) of the Learning and Skills Act 2000 (c. 21), if engaging in the activity gives B the opportunity to have contact with childrenChildren. . .. . .19. The  DBS  in relation to members and employees and prospective members and employees of the  DBS Children and vulnerable adults \n2) The Secretary of State may by order amend this Schedule . \n3) \n1) In entries 1 and 5 in the table the reference to regulated activity must be construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 4 if the activity— \n\ta) relates to a child who has not attained the age of 16, or \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) In entries 1, 5 and 9 in the table the reference to regulated activity includes a reference to an activity which would be a regulated activity if— \n\ta) it were carried out frequently, or \n\tb) it were not merely incidental to another activity. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Parental responsibility has the same meaning as in the Children Act 1989 (c. 41). \n5) A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B. \n6) An adult placement scheme is a scheme— \n\ta) under which an individual agrees with the person carrying on the scheme to provide accommodation, in the home in which the individual ordinarily resides, to an adult who is in need of it, and \n\tb) in respect of which a requirement to register arises— \n\t\ti) in relation to England, under section 10 of the Health and Social Care Act 2008,  ... \n\t\tii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) An adult placement service, in relation to Wales, has the meaning given in paragraph 6 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/7",
    "legislation_id": "ukpga/2006/47",
    "title": "Barring Information",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088045Z",
    "text": "Section 6) **Regulated activity providers**\n\n1) A reference to a regulated activity provider must be construed in accordance with this section. \n2) A person (P) is a regulated activity provider if— \n\ta) he is responsible for the management or control of regulated activity, \n\tb) if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes, and \n\tc) he makes, or authorises the making of, arrangements (whether in connection with a contract of service or for services or otherwise) for another person to engage in that activity. \n3) A person (P) is also a regulated activity provider if section 53(4)\n\n\t\t\t\t\t(fostering) so provides. \n4) A person (P) is also a regulated activity provider if he carries on a scheme— \n\ta) under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and \n\tb) in respect of which a requirement to register arises— \n\t\ti) in relation to England, under section 10 of the Health and Social Care Act 2008, or \n\t\tii) in relation to Wales, under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2). \n5) P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements. \n6) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself. \n7) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is— \n\ta) a member of P's family; \n\tb) a friend of P. \n8) A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person— \n\ta) to a position mentioned in paragraph 1(9) or 7(9) of Schedule 4, \n\tb) as a deputy under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9); \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) to any position mentioned in paragraph 7(3E)(a) or (b) of Schedule 4 or to exercise any function exercisable by virtue of that position . \n8CA) A person (S) who is authorised as mentioned in subsection (5)(a) of section 50 of the Social Services and Well-being (Wales) Act 2014 does not make arrangements for another to engage in a regulated activity by virtue of anything that S does under subsection (5)(b) or (6)(b) of that section. \n8C) The Secretary of State does not make arrangements for another to engage in a regulated activity by virtue of anything the Secretary of State does under section 12A or 12D, or regulations under section 12B, of the National Health Service Act 2006 (direct payments for health services). \n8D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8E) NHS England or an integrated care board does not make arrangements for another to engage in a regulated activity by virtue of anything NHS England or the integrated care board does under section 12A or 12D, or regulations under section 12A or 12B, of the National Health Service Act 2006 (direct payments for health services). \n9) For the purposes of subsection (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend. \n10) If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Act must be taken to be a requirement on or liability of— \n\ta) the person responsible for the management and control of the association, or \n\tb) if there is more than one such person, all of them jointly and severally. \n11) “Family” and  “friend” must be construed in accordance with section 58. \n12) The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/6",
    "legislation_id": "ukpga/2006/47",
    "title": "Regulated activity providers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
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    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088296Z",
    "text": "SCHEDULE 3 Barred lists Section 2 ## Part 1\n## Children's barred list\n\n*Automatic inclusion*\n\n1) \n1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person. \n2) If DBS is satisfied that this paragraph applies to a person, it must include the person in the children’s barred list. *Inclusion subject to consideration of representations*\n\n2) \n1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person. \n2) Sub-paragraph (4) applies if it appears to DBS that— \n\ta) this paragraph applies to a person, and \n\tb) the person is or has been, or might in future be, engaged in regulated activity relating to children. \n4) DBS must give the person the opportunity to make representations as to why the person should not be included in the children's barred list. \n5) Sub-paragraph (6) applies if— \n\ta) the person does not make representations before the end of any time prescribed for the purpose, or \n\tb) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2). \n6) If DBS — \n\ta) is satisfied that this paragraph applies to the person, and \n\tb) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, it must include the person in the list. \n7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose. \n8) If DBS — \n\ta) is satisfied that this paragraph applies to the person, \n\tb) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and \n\tc) is satisfied that it is appropriate to include the person in the children's barred list, it must include the person in the list. *Behaviour*\n\n3) \n1) This paragraph applies to a person if— \n\ta) it appears to DBS that the person — \n\t\ti) has (at any time) engaged in relevant conduct, and \n\t\tii) is or has been, or might in future be, engaged in regulated activity relating to children, and \n\tb) DBS proposes to include him in the children's barred list. \n2) DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list. \n3) DBS must include the person in the children's barred list if— \n\ta) it is satisfied that the person has engaged in relevant conduct, \n\taa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and \n\tb) it is satisfied that it is appropriate to include the person in the list. \n4) This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of section 2 and the court, having considered whether to make a disqualification order, decided not to. \n5) In sub-paragraph (4)— \n\ta) the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43); \n\tb) a disqualification order is an order under section 28, 29 or 29A of that Act. \n4) \n1) For the purposes of paragraph 3 relevant conduct is— \n\ta) conduct which endangers a child or is likely to endanger a child; \n\tb) conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him; \n\tc) conduct involving sexual material relating to children (including possession of such material); \n\td) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate; \n\te) conduct of a sexual nature involving a child, if it appears to DBS that the conduct is inappropriate. \n2) A person's conduct endangers a child if he— \n\ta) harms a child, \n\tb) causes a child to be harmed, \n\tc) puts a child at risk of harm, \n\td) attempts to harm a child, or \n\te) incites another to harm a child. \n3) “Sexual material relating to children” means— \n\ta) indecent images of children, or \n\tb) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification. \n4) “Image” means an image produced by any means, whether of a real or imaginary subject. \n5) A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph. \n6) For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate. *Risk of harm*\n\n5) \n1) This paragraph applies to a person if— \n\ta) it appears to DBS that the person — \n\t\ti) falls within sub-paragraph (4), and \n\t\tii) is or has been, or might in future be, engaged in regulated activity relating to children and \n\tb) DBS proposes to include him in the children's barred list. \n2) DBS must give the person the opportunity to make representations as to why he should not be included in the children's barred list. \n3) DBS must include the person in the children's barred list if— \n\ta) it is satisfied that the person falls within sub-paragraph (4), \n\taa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and \n\tb) it is satisfied that it is appropriate to include the person in the list. \n4) A person falls within this sub-paragraph if he may— \n\ta) harm a child, \n\tb) cause a child to be harmed, \n\tc) put a child at risk of harm, \n\td) attempt to harm a child, or \n\te) incite another to harm a child. *Restriction on inclusion*\n\n6) \n1) DBS must not include a person in the children's barred list— \n\ta) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or \n\tb) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority. \n2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of DBS . \n3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children's barred list. ## Part 2\n## Adults' barred list\n\n*Automatic inclusion*\n\n7) \n1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person. \n2) If DBS is satisfied that this paragraph applies to a person, it must include the person in the adults’ barred list. *Inclusion subject to consideration of representations*\n\n8) \n1) This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person. \n2) Sub-paragraph (4) applies if it appears to DBS that— \n\ta) this paragraph applies to a person, and \n\tb) the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults. \n4) DBS must give the person the opportunity to make representations as to why the person should not be included in the adults' barred list. \n5) Sub-paragraph (6) applies if— \n\ta) the person does not make representations before the end of any time prescribed for the purpose, or \n\tb) the duty in sub-paragraph (4) does not apply by virtue of paragraph 16(2). \n6) If DBS — \n\ta) is satisfied that this paragraph applies to the person, and \n\tb) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, it must include the person in the list. \n7) Sub-paragraph (8) applies if the person makes representations before the end of any time prescribed for the purpose. \n8) If DBS — \n\ta) is satisfied that this paragraph applies to the person, \n\tb) has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and \n\tc) is satisfied that it is appropriate to include the person in the adults' barred list, it must include the person in the list. *Behaviour*\n\n9) \n1) This paragraph applies to a person if— \n\ta) it appears to DBS that the person — \n\t\ti) has (at any time) engaged in relevant conduct, and \n\t\tii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and \n\tb) DBS proposes to include him in the adults' barred list. \n2) DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list. \n3) DBS must include the person in the adults' barred list if— \n\ta) it is satisfied that the person has engaged in relevant conduct, \n\taa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and \n\tb) it is satisfied that it is appropriate to include the person in the list. \n10) \n1) For the purposes of paragraph 9 relevant conduct is— \n\ta) conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult; \n\tb) conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him; \n\tc) conduct involving sexual material relating to children (including possession of such material); \n\td) conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to DBS that the conduct is inappropriate; \n\te) conduct of a sexual nature involving a vulnerable adult, if it appears to DBS that the conduct is inappropriate. \n2) A person's conduct endangers a vulnerable adult if he— \n\ta) harms a vulnerable adult, \n\tb) causes a vulnerable adult to be harmed, \n\tc) puts a vulnerable adult at risk of harm, \n\td) attempts to harm a vulnerable adult, or \n\te) incites another to harm a vulnerable adult. \n3) “Sexual material relating to children” means— \n\ta) indecent images of children, or \n\tb) material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification. \n4) “Image” means an image produced by any means, whether of a real or imaginary subject. \n5) A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph. \n6) For the purposes of sub-paragraph (1)(d) and (e), DBS must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate. *Risk of harm*\n\n11) \n1) This paragraph applies to a person if— \n\ta) it appears to DBS that the person — \n\t\ti) falls within sub-paragraph (4), and \n\t\tii) is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults , and \n\tb) DBS proposes to include him in the adults' barred list. \n2) DBS must give the person the opportunity to make representations as to why he should not be included in the adults' barred list. \n3) DBS must include the person in the adults' barred list if— \n\ta) it is satisfied that the person falls within sub-paragraph (4), \n\taa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to vulnerable adults, and \n\tb) it is satisfied that it is appropriate to include the person in the list. \n4) A person falls within this sub-paragraph if he may— \n\ta) harm a vulnerable adult, \n\tb) cause a vulnerable adult to be harmed, \n\tc) put a vulnerable adult at risk of harm, \n\td) attempt to harm a vulnerable adult, or \n\te) incite another to harm a vulnerable adult. *Restriction on inclusion*\n\n12) \n1) DBS must not include a person in the adults' barred list— \n\ta) only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or \n\tb) if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority. \n2) A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of DBS . \n3) A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list. ## Part 3\n## Supplementary\n\n*Procedure*\n\n13) \n1) DBS must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list. \n2) Sub-paragraph (1) does not, without more, require DBS to give an individual the opportunity to make representations as to why he should not be included in a barred list. \n14) When an individual is included in a barred list DBS must take all reasonable steps to notify the individual of that fact. \n15) \n1) The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision DBS is required or authorised to take under this Schedule. \n2) Such provision may include provision as to the time within which anything is to be done. *Representations*\n\n16) \n1) A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which DBS intends to rely in taking a decision under this Schedule. \n2) Any requirement of this Schedule to give a person an opportunity to make representations does not apply if DBS does not know and cannot reasonably ascertain the whereabouts of the person. \n3) The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made. \n4) Findings of fact made by a competent body are findings of fact made in proceedings before the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before one of the following bodies or any of its committees— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) the General Teaching Council for Wales; \n\tc) the Council of the Pharmaceutical Society of Great Britain; \n\td) the General Medical Council; \n\te) the General Dental Council; \n\tf) the General Optical Council; \n\tg) the General Osteopathic Council; \n\th) the General Chiropractic Council; \n\ti) the Nursing and Midwifery Council; \n\tj) the Health and Care Professions Council ; \n\tk) the General Social Care Council; \n\tl) Social Care Wales \n\tm) Social Work England. \n4A) The reference in sub-paragraph (4) to  “any of its committees” is, in respect of Social Care Wales, to be read as if it were a reference to  “any panel established under Part 8 of the Regulation and Inspection of Social Care (Wales) Act 2016”. \n5) The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph. \n17) \n1) This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, DBS was unable to ascertain his whereabouts. \n2) This paragraph also applies to such a person if— \n\ta) he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and \n\tb) DBS grants him permission to make such representations out of time. \n3) If a person to whom this paragraph applies makes such representations after the prescribed time— \n\ta) DBS must consider the representations, and \n\tb) if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list. \n4) For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned. *Review*\n\n18) \n1) A person who is included in a barred list may apply to DBS for a review of his inclusion. \n2) An application for a review may be made only with the permission of DBS . \n3) A person may apply for permission only if— \n\ta) the application is made after the end of the minimum barred period, and \n\tb) in the prescribed period ending with the time when he applies for permission, he has made no other such application. \n4) DBS must not grant permission unless it thinks— \n\ta) that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and \n\tb) that the change is such that permission should be granted. \n5) On a review of a person's inclusion, if DBS is satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application. \n6) The minimum barred period is the prescribed period beginning with such of the following as may be prescribed— \n\ta) the date on which the person was first included in the list; \n\tb) the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 is first satisfied; \n\tc) where the person is included in the list on the grounds that he has been convicted of an offence in respect of which a custodial sentence (within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or section 222 of the Sentencing Code ) was imposed, the date of his release; \n\td) the date on which the person made any representations as to why he should not be included in the list. \n18A) \n1) Sub-paragraph (2) applies if a person's inclusion in a barred list is not subject to— \n\ta) a review under paragraph 18, or \n\tb) an application under that paragraph, which has not yet been determined. \n2) DBS may, at any time, review the person's inclusion in the list. \n3) On any such review, DBS may remove the person from the list if, and only if, it is satisfied that, in the light of— \n\ta) information which it did not have at the time of the person's inclusion in the list, \n\tb) any change of circumstances relating to the person concerned, or \n\tc) any error by DBS , it is not appropriate for the person to be included in the list. *Information*\n\n19) \n1) DBS may require— \n\ta) any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies or appears to apply ; \n\tb) any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs applies or appears to apply ; \n\tc) the relevant chief officer to provide to it any such relevant information; \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records reasonably believes to be relevant in relation to the regulated activity concerned. \n3) For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the relevant chief officer reasonably believes to be relevant in relation to the regulated activity concerned. \n4) DBS must pay to the appropriate local policing body such fee as the Secretary of State thinks appropriate for information provided to IBB in accordance with sub-paragraph (1)(c). \n5) For the purpose of deciding under this Schedule whether or not a person is included in a barred list DBS must not take account of relevant police information if the relevant chief officer thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person. \n6) In sub-paragraph (5) relevant police information is information  ... obtained by DBS in pursuance of sub-paragraph (1)(c)  .... \n7) In this paragraph— \n\t- “caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);\n\t- “the relevant chief officer” means any chief officer of a police force who is identified by DBS for the purposes of this paragraph;\n7A) Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of  “the relevant chief officer” as they apply for the purposes of that section. \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n20) \n1) The Secretary of State may provide to DBS any information relating to a person which is held by him in connection with his functions under— \n\ta) the Protection of Children Act 1999 (c. 14), except section 9 (the Tribunal); \n\tb) Part 7 of the Care Standards Act 2000 (c. 14); \n\tc) sections 142 to 144 of the Education Act 2002 (c. 32). \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n21) DBS must provide the Secretary of State with the prescribed information relating to a person if— \n\ta) it includes that person in a barred list; \n\tb) it is considering whether to include him in a barred list; \n\tc) it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information. \n22) DBS must inform the Scottish Ministers if a person is included in a barred list. \n22A) DBS may provide the Scottish Ministers with such information as it thinks may be relevant to the exercise by the Scottish Ministers of their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) . \n23) DBS may, at the request of the Welsh Ministers, provide them with such information relating to the exercise of its functions as it thinks may be relevant to the exercise by the Welsh Ministers of any of their functions. *Prescribed criteria*\n\n24) \n1) The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are— \n\ta) that a person has been convicted of, or cautioned in relation to, an offence of a specified description; \n\tb) that an order of a specified description requiring the person to do or not to do anything has been made against him; \n\tc) that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom; \n\td) that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom. \n2) The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under— \n\ta) the law of a country or territory outside England and Wales; \n\tb) section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18); \n\tc) section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19); \n\td) section 42 of the Naval Discipline Act 1957 (c. 53); \n\te) section 42 of the Armed Forces Act 2006 (c. 52). \n3) The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list. \n4) For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore— \n\ta) any offence committed before he attained the age of 18; \n\tb) any order or direction made before that time. \n5) The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of section 2 if the court, having considered whether to make a disqualification order, decided not to. \n6) In sub-paragraph (5)— \n\ta) the reference to an offence committed against a child must be construed in accordance with Part 2 of the Criminal Justice and Court Services Act 2000 (c. 43); \n\tb) a disqualification order is an order under section 28, 29 or 29A of that Act. \n7) For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period. \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless— \n\ta) the conduct which constitutes the offence would, if carried out in England and Wales, amount to an offence under the law of England and Wales (the equivalent offence), and \n\tb) the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be). \n25) \n1) A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 24(1)(a), or which makes an order of a description specified for the purposes of paragraph 24(1)(b), must inform the person at the time he is convicted or the order is made that DBS will or (as the case may be) may include him in the barred list concerned. \n2) This paragraph does not apply to convictions by or before a court in a country or territory outside England and Wales. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/3",
    "legislation_id": "ukpga/2006/47",
    "title": "Barred lists",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
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    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088254Z",
    "text": "Section 60) **Interpretation**\n\n1) In this Act— \n\t- “adult” means a person who has attained the age of 18;\n\t- “the adults' barred list” must be construed in accordance with section 2(1)(b);\n\t- “barred list” means the children's barred list or the adults' barred list;\n\t- “child” means a person who has not attained the age of 18;\n\t- “the children's barred list” must be construed in accordance with section 2(1)(a);\n\t- “DBS” means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012;\n\t- “educational institution” includes any training provider (within the meaning of Part 3 of the Education Act 2005 (c. 18)), whether or not the training provider would otherwise be regarded as an institution;\n\t- “employment agency” and  “employment business” must be construed in accordance with the Employment Agencies Act 1973 (c. 35);\n\t- “personnel supplier” means— a person carrying on an employment agency or an employment business, oran educational institution which supplies to another person a student who is following a course at the institution, for the purpose of enabling the student to obtain experience of engaging in regulated ... activity;\n\t- “prescribed” means prescribed by regulations made by the Secretary of State;\n\t- “supervisory authority” must be construed in accordance with section 45(7);\n\t- “vulnerable adult” means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 4 is provided .\n2) A reference (however expressed) to a person being barred must be construed in accordance with section 3. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) Nothing in this Act affects any power to provide information that exists apart from this Act. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/60",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/60",
    "legislation_id": "ukpga/2006/47",
    "title": "Interpretation",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 60,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088180Z",
    "text": "Section 41) **Registers: power to refer**\n\n1) A keeper of a relevant register may provide DBS with any  ... information he holds relating to a person if the first and second conditions are satisfied. \n2) The first condition is that the keeper thinks— \n\ta) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person, \n\tb) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or \n\tc) that the harm test is satisfied. \n3) The harm test is that the person may— \n\ta) harm a child or vulnerable adult, \n\tb) cause a child or vulnerable adult to be harmed, \n\tc) put a child or vulnerable adult at risk of harm, \n\td) attempt to harm a child or vulnerable adult, or \n\te) incite another to harm a child or vulnerable adult. \n4) The second condition is that the keeper thinks— \n\ta) that the person is or has been, or might in future be, engaged in regulated activity  ..., and \n\tb) (except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list. \n5) A keeper of a relevant register may provide DBS with any  ... information he holds relating to a person if— \n\ta) he thinks that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and \n\tb) the condition in subsection (4) is satisfied. \n6) For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3. \n7) In this section— \n\ta) a relevant register is a register appearing in column 1 of the following table, and \n\tb) in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table. Relevant registerKeeper of the register1. The register of teachers maintained under section 3 of the Teaching and Higher Education Act 1998 (c. 30)The General Teaching Council for Wales2.The register maintained under article 19 of the Pharmacy Order 2010The registrar appointed under article 18 of that Order.3.Any of the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54)The registrar of the General Medical Council4. The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that ActThe registrar appointed under section 14 of that Act5. The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that ActThe registrar of the General Optical Council6. The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21)The Registrar of Osteopaths7. The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17)The Registrar of Chiropractors8. The register of social workers and social care workers  in Wales maintained  under section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)  the registrar appointed under section 81 of that Act 9. The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253)The registrar appointed under Article 4 of that Order10. The register of members of relevant professions maintained under Article 5 of  the Health Professions Order 2001 The registrar appointed under Article 4 of that Order 11. The register of social workers in England kept under section 39(1) of the Children and Social Work Act 2017 The registrar appointed under section 39(3)(a) of the Children and Social Work Act 2017 or, in the absence of such an appointment, Social Work England 12.  The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order \n8) The Secretary of State may by order amend the table in subsection (7) by inserting an entry or amending or omitting an entry for the time being contained in the table. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/41",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/41",
    "legislation_id": "ukpga/2006/47",
    "title": "Registers: power to refer",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 41,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088194Z",
    "text": "Section 45) **Supervisory authorities: power to refer**\n\n1) A supervisory authority may provide DBS with any  ... information it holds relating to a person if the first and second conditions are satisfied. \n2) The first condition is that the supervisory authority thinks, on the basis of relevant evidence— \n\ta) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person, \n\tb) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or \n\tc) that the harm test is satisfied. \n3) The harm test is that the person may— \n\ta) harm a child or vulnerable adult, \n\tb) cause a child or vulnerable adult to be harmed, \n\tc) put a child or vulnerable adult at risk of harm, \n\td) attempt to harm a child or vulnerable adult, or \n\te) incite another to harm a child or vulnerable adult. \n4) The second condition is that the supervisory authority thinks— \n\ta) that the person is or has been, or might in future be, engaged in regulated activity  ... , and \n\tb) (except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list. \n5) The supervisory authority may provide DBS with any  ... information it holds relating to a person if— \n\ta) it thinks, on the basis of relevant evidence, that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and \n\tb) the condition in subsection (4) is satisfied. \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) A supervisory authority is— \n\ta) a registration authority within the meaning of section 5 of the Care Standards Act 2000 (c. 14) in respect of its functions under Part 2 of that Act; \n\taza) the Secretary of State in respect of the Secretary of State's functions under sections 141B to 141E of the Education Act 2002; \n\tazb) the Secretary of State in respect of the Secretary of State's functions under Chapter 1 of Part 4 of the Education and Skills Act 2008; \n\taa) the Secretary of State in respect of his functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32) ; \n\tb) the Welsh Ministers in respect of its functions under Chapter 1 of Part 10 of the Education Act 2002 (c. 32); \n\tc) the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008; \n\tca) the Welsh Ministers in respect of their functions under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2); \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) the Welsh Ministers in respect of their functions under Chapter 4 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 and Part 8 of the Social Services and Well-being (Wales) Act 2014 (anaw 4); \n\tea) the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989; \n\tf) the Public Guardian in the exercise of his functions; \n\tg) Her Majesty's Chief Inspector of Schools in England in the exercise of his functions; \n\th) Her Majesty's Chief Inspector of Education and Training in Wales in the exercise of his functions; \n\ti) the Charity Commissioners for England and Wales in the exercise of their functions. \n8) Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in subsection (7). \n9) The Secretary of State may by order amend subsection (7) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the subsection. \n10) For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the supervisory authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/45",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/45",
    "legislation_id": "ukpga/2006/47",
    "title": "Supervisory authorities: power to refer",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
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    "number": 45,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088161Z",
    "text": "Section 36) **Personnel suppliers: duty to refer**\n\n1) A personnel supplier must provide DBS with any prescribed information it holds in relation to a person (P) who has been supplied by it to another person if the supplier knows that P has ceased to be engaged in regulated activity  ... in the circumstances mentioned in subsection (2)(a) or (b) of section 35. \n2) A personnel supplier which is an employment agency or employment business must provide DBS with any prescribed information it holds in relation to a person (P) for whom it acts if— \n\ta) the agency or business determines to cease to act for P for a reason mentioned in subsection (4), or \n\tb) it does not determine to cease to act for P for such a reason but would or might have done so if its arrangement with, or employment of, him had not otherwise come to an end. \n3) A personnel supplier which is an educational institution must provide DBS with any prescribed information it holds in relation to a student (P) following a course at the institution if— \n\ta) the institution determines to cease to supply P to another person for him to engage in regulated  ... activity for a reason mentioned in subsection (4), \n\tb) the institution determines that P should cease to follow a course at the institution for a reason mentioned in subsection (4), or \n\tc) it does not determine as mentioned in paragraph (a) or (b) for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course. \n4) The reasons are that the personnel supplier thinks— \n\ta) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P, \n\tb) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or \n\tc) that the harm test is satisfied. \n5) The harm test is that P may— \n\ta) harm a child or vulnerable adult, \n\tb) cause a child or vulnerable adult to be harmed, \n\tc) put a child or vulnerable adult at risk of harm, \n\td) attempt to harm a child or vulnerable adult, or \n\te) incite another to harm a child or vulnerable adult. \n6) For the purposes of subsection (4)(b), conduct is inappropriate if it appears to the personnel supplier to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3. \n7) An employment agency acts for a person if it makes arrangements with him with a view to— \n\ta) finding him employment with an employer, or \n\tb) supplying him to employers for employment by them. \n8) An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity. \n9) In this section  “employment” has the same meaning as in the Employment Agencies Act 1973 (c. 35). \n10) This section does not apply if the conditions specified in subsection (1), (2) or (3) are fulfilled before the section is commenced. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/36",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/36",
    "legislation_id": "ukpga/2006/47",
    "title": "Personnel suppliers: duty to refer",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 36,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088138Z",
    "text": "Section 30) **Provision of vetting information**\n\n1) The Secretary of State must provide a person (A) with the information mentioned in subsection (4) in relation to another (B) if— \n\ta) A makes an application for the information, \n\tb) the application contains the appropriate declaration, and \n\tc) the Secretary of State has no reason to believe that the declaration is false. \n2) The appropriate declaration is a declaration by A— \n\ta) that he falls within column 1 of a specified entry, and \n\tb) that B has consented to the provision of the information to A. \n2A) The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by section 24A. \n3) In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration. \n4) The information is— \n\ta) if column 2 of the specified entry refers to children, relevant information relating to children, and \n\tb) if column 2 of the specified entry refers to vulnerable adults, relevant information relating to vulnerable adults. \n5) Paragraph (b) of subsection (2) does not apply if the specified entry is 17. \n6) If B consents to the provision of information to A in relation to an application under this section, the consent also has effect in relation to any subsequent such application by A. \n7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application). \n8) The Secretary of State may by regulations make provision requiring a local authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under section 17A of the Children Act 1989 (c. 41) or section 57 of the Health and Social Care Act 2001 (c. 15) ,  ... in accordance with section 31 or 32 of the Care Act 2014, or in accordance with regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014 to inform the person of his right to obtain relevant information under this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/30",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/30",
    "legislation_id": "ukpga/2006/47",
    "title": "Provision of vetting information",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 30,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088287Z",
    "text": "SCHEDULE 1 Independent Safeguarding Authority Section 1 *Membership*\n\n1) \n1) ISA shall consist of— \n\ta) a chairman; \n\tb) such number of other members as the Secretary of State decides. \n2) The chairman and other members— \n\ta) are to be appointed by the Secretary of State; \n\tb) must appear to the Secretary of State to have knowledge or experience of any aspect of child protection or the protection of vulnerable adults. *Tenure of office*\n\n2) \n1) The chairman and members hold and must vacate office as such in accordance with the terms of their respective appointments. \n2) The appointment of a person to hold office is for a term not exceeding five years. \n3) A person holding office may at any time resign that office by giving notice in writing to the Secretary of State. \n4) The Secretary of State may by notice in writing remove a person from office if satisfied that any of the following applies to him— \n\ta) he has, without reasonable excuse, failed, for a continuous period of three months, to carry out his functions; \n\tb) he has been convicted (whether before or after his appointment) of a criminal offence; \n\tc) he is an undischarged bankrupt or his estate has been sequestrated and he has not been discharged; \n\tca) a moratorium period under a debt relief order applies in relation to him (under Part 7A of the Insolvency Act 1986); \n\td) he is the subject of a bankruptcy restrictions order or an interim order under Schedule 4A to the Insolvency Act 1986 (c. 45) or an order to the like effect made under any corresponding enactment in force in Scotland or Northern Ireland; \n\tda) he is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act (c45); \n\te) he has made a composition or arrangement with, or granted a trust deed for, his creditors; \n\tf) he has failed to comply with the terms of his appointment; \n\tg) he is otherwise unable or unfit to carry out his functions as chairman or member. \n5) A person who ceases to be chairman or a member is eligible for re-appointment, except where he is removed from office under sub-paragraph (4). *Remuneration, pension etc. of members*\n\n3) \n1) ISA must pay to the chairman and each of the other members such remuneration and allowances as may be determined by the Secretary of State. \n2) ISA must, if required to do so by the Secretary of State— \n\ta) pay such pension, allowances or gratuities as may be determined by the Secretary of State to or in respect of a person who is or has been the chairman or a member, or \n\tb) make such payments as may be so determined towards provision for the payment of a pension, allowances or gratuities to or in respect of such a person. \n3) If the Secretary of State thinks that there are special circumstances which make it right for a person ceasing to hold office as chairman or a member to receive compensation, ISA must pay to him a sum by way of compensation of such amount as may be determined by the Secretary of State. \n4) Service as chairman or other member of ISA is included among the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of service are listed) insert at the appropriate place— “\n                    The Independent Safeguarding Authority.\n           ” \n5) ISA must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to sub-paragraph (4) in the sums payable out of money provided by Parliament under that Act. *Staff*\n\n4) \n1) ISA shall have— \n\ta) a chief executive; \n\tb) such other employees as it may appoint. \n2) The chairman may be appointed as chief executive. \n3) ISA may make arrangements for persons to be seconded to ISA to serve as members of its staff. \n4) A member of a police force on temporary service with ISA shall be under the direction and control of ISA . *Remuneration, pensions etc. of staff*\n\n5) \n1) ISA must pay to its employees such remuneration and allowances as it may determine. \n2) ISA may pay, or make payments in respect of, such pensions, allowances or gratuities to or in respect of its employees or former employees as it may determine. \n3) Employment with ISA is included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) can apply, and accordingly in Schedule 1 to that Act (in which those kinds of employment are listed) insert at the appropriate place— “\n                    Employment by the Independent Safeguarding Authority.\n           ” \n4) If any person— \n\ta) on ceasing to be employed by ISA becomes or continues to be one of its members, and \n\tb) was, by reference to his employment, a participant in a scheme under section 1 of that Act, the Minister for the Civil Service may determine that his service as a member of ISA is to be treated for the purposes of the scheme as if his service as a member were service as an employee of ISA (whether or not any benefits are payable to or in respect of him by virtue of paragraph 3). \n5) ISA must pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to this paragraph in the sums payable out of money provided by Parliament under that Act. *Delegation of functions*\n\n6) \n1) ISA may to such extent as it may determine delegate any of its functions to— \n\ta) one of its members; \n\tb) a member of its staff; \n\tc) a committee consisting of some of its members, members of its staff or both members and members of staff. \n2) A committee mentioned in sub-paragraph (1)(c) which consists of both members and members of staff must be chaired by a member. \n7) ISA may to such extent as it may determine delegate any of its functions, other than a core function, to— \n\ta) a person who is neither a member nor a member of staff; \n\tb) a committee (including a committee which comprises or includes persons who are neither members nor members of staff). \n8) A core function is— \n\ta) determining whether it is appropriate for a person to be included in a barred list; \n\tb) determining whether to remove a person from a barred list; \n\tc) considering representations made for the purposes of Schedule 3. *Reports*\n\n9) \n1) As soon as possible after the end of each financial year ISA must issue a report on the exercise of its functions during that year. \n2) ISA must arrange for the report to be published in such manner as it considers appropriate. \n10) The Secretary of State may direct ISA to submit a report to him on any matter regarding the exercise of ISA's functions as may be specified in the direction. *Funding*\n\n11) The Secretary of State may make payments to ISA of such amounts, at such times and on such conditions (if any) as he thinks appropriate. *Accounts*\n\n12) \n1) ISA must keep its accounts in such form as the Secretary of State determines. \n2) ISA must prepare annual accounts in respect of each financial year in such form as the Secretary of State decides. \n3) Before the end of the specified period following the end of each financial year to which the annual accounts relate ISA must send a copy of the accounts to the Secretary of State and the Comptroller and Auditor General. \n4) The Comptroller and Auditor General must— \n\ta) examine, certify and report on the annual accounts; \n\tb) send a copy of the accounts and of his report to the Secretary of State, who must lay them before each House of Parliament. \n5) The financial year is— \n\ta) the period starting on the day ISA is established and ending on the next 31st March; \n\tb) each succeeding period of 12 months. \n6) The specified period is such period as the Secretary of State directs. *Status*\n\n13) \n1) ISA is not to be regarded— \n\ta) as the servant or agent of the Crown, or \n\tb) as enjoying any status, immunity or privilege of the Crown. \n2) ISA's property is not to be regarded as property of, or property held on behalf of, the Crown. *Payments in connection with maladministration*\n\n14) \n1) If ISA thinks— \n\ta) that action taken by or on behalf of ISA amounts to maladministration, and \n\tb) that a person has been adversely affected by the action, ISA may make such payment (if any) to the person as it thinks appropriate. \n2) “Action” includes failure to act. *Incidental powers*\n\n15) \n1) In connection with the exercise of any of its functions ISA may— \n\ta) enter into contracts and other agreements (whether legally binding or not); \n\tb) acquire and dispose of property (including land); \n\tc) borrow money; \n\td) do such other things as ISA thinks necessary or expedient. \n2) The power conferred by sub-paragraph (1)(b) includes accepting— \n\ta) gifts of money, and \n\tb) gifts or loans of other property, on such terms as ISA thinks appropriate. \n3) But ISA may exercise the power conferred by sub-paragraph (1)(b) or (c) only with the consent of the Secretary of State. \n4) Such consent may be given— \n\ta) with respect to a particular case or with respect to a class of cases; \n\tb) subject to such conditions as the Secretary of State thinks appropriate. *Documents*\n\n16) A document purporting to be signed on behalf of ISA shall be received in evidence and, unless the contrary is proved, be taken to be so signed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/1",
    "legislation_id": "ukpga/2006/47",
    "title": "Independent Safeguarding Authority",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088317Z",
    "text": "SCHEDULE 8 Transitional provisions Section 62 *Advice by DBS*\n\n1) DBS must provide the Secretary of State with such advice as he requests in connection with— \n\ta) any decision in relation to the inclusion of a person in the list kept under section 1 of the Protection of Children Act 1999 (c. 14); \n\tb) any decision in relation to the inclusion of a person in the list kept under section 81 of the Care Standards Act 2000 (c. 14); \n\tc) any decision in relation to a direction under section 142 of the Education Act 2002 (c. 32) in relation to a person. *Existing restrictions relating to children*\n\n2) \n1) This paragraph applies to a person who is— \n\ta) included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14)\n\n\t\t\t\t\t\t\t(individuals considered unsuitable to work with children); \n\tb) disqualified from working with children by virtue of an order of the court under section 28, 29 or 29A of the Criminal Justice and Court Services Act 2000 (c. 43); \n\tc) subject to a direction under section 142 of the Education Act 2002 (prohibition from teaching etc). \n2) The Secretary of State may, by order, make such provision as he thinks appropriate— \n\ta) requiring DBS to include the person in the children's barred list; \n\tb) requiring DBS to consider including the person in the children's barred list; \n\tc) as to circumstances in which the person may make representations to DBS and the time at which such representations may be made; \n\td) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified; \n\te) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with DBS's consideration of any matter relating to the person. \n3) An order under this paragraph may contain provision— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) enabling the General Teaching Council for Wales to make determinations on an application by a person who has ceased to be subject to a direction under section 142 of the Education Act 2002 in relation to his eligibility for registration under the Teaching and Higher Education Act 1998; \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) for the Welsh Ministers to prescribe the procedure in relation to an application as mentioned in paragraph (b). \n4) In sub-paragraph (3)(d) “prescribe” means prescribe by regulations made by statutory instrument. \n5) Regulations made by virtue of sub-paragraph (3)(c) are subject to annulment in pursuance of a resolution of either House of Parliament. \n6) Regulations made by virtue of sub-paragraph (3)(d) are subject to annulment in pursuance of a resolution of the National Assembly for Wales. \n7) Sections 61(5) and 64(1) apply to power to make regulations by virtue of sub-paragraph (3)(d) as they apply to power to make regulations under this Act. *Existing restrictions relating to vulnerable adults*\n\n3) \n1) This paragraph applies to a person who is included in the list kept under section 81 of the Care Standards Act 2000 (c. 14)\n\n\t\t\t\t\t(individuals considered unsuitable to work with certain adults). \n2) The Secretary of State may, by order, make such provision as he thinks appropriate— \n\ta) requiring DBS to include the person in the adults' barred list; \n\tb) requiring DBS to consider including the person in the adults' barred list; \n\tc) as to circumstances in which the person may make representations to DBS and the time at which such representations may be made; \n\td) modifying the provisions of this Act so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified; \n\te) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 3 in connection with DBS's consideration of any matter relating to the person. *Existing restrictions: supplementary*\n\n4) An order under paragraph 2 or 3 may— \n\ta) modify any criminal offence created by this Act; \n\tb) create any new criminal offence, but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale. *...*\n\n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/8",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/8",
    "legislation_id": "ukpga/2006/47",
    "title": "Transitional provisions",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088105Z",
    "text": "Section 22) **Controlled activity relating to vulnerable adults**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/22",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/22",
    "legislation_id": "ukpga/2006/47",
    "title": "Controlled activity relating to vulnerable adults",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 22,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088210Z",
    "text": "Section 49) **Supervisory authorities: notification of barring &c. in respect of vulnerable adults**\n\n1) This section applies if— \n\ta) a person is  ... included in the adults' barred list, \n\tb) DBS becomes aware that a person is subject to a relevant adults' disqualification,  ... \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a) or (b) (as the case may be) of subsection (1). \n3) A supervisory authority is an interested supervisory authority only if— \n\ta) it has applied to DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and \n\tb) the application has not been withdrawn. \n4) A supervisory authority may apply to DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7). \n5) For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person. \n6) A person is subject to a relevant adults' disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list. \n7) The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section. \n8) DBS may determine the form, manner and contents of an application for the purposes of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/49",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/49",
    "legislation_id": "ukpga/2006/47",
    "title": "Supervisory authorities: notification of barring &c. in respect of vulnerable adults",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 49,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088018Z",
    "text": "Section 1) **Independent Safeguarding Authority**\n\n1) There shall be a body corporate to be known as the Independent Safeguarding Authority (“ISA”). \n2) Schedule 1 makes provision relating to ISA . \n3) Schedule 2 (transfers to ISA ) has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/1",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/1",
    "legislation_id": "ukpga/2006/47",
    "title": "Independent Safeguarding Authority",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 1,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088217Z",
    "text": "Section 50A) **Provision of information to the police \netc.**\n\n1) DBS may provide any information it has to a chief officer of police for use for any of the following purposes— \n\ta) the prevention, detection and investigation of crime; \n\tb) the apprehension and prosecution of offenders. \n\tc) the appointment of persons who are under the direction and control of the chief officer, \n\td) any prescribed purpose \n1A) DBS must, for use for any of the purposes mentioned in subsection (1), provide to any chief officer of police who has requested it a barred list or information as to whether a particular person is barred. \n1B) DBS may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which DBS reasonably believes to be relevant to that authority. \n1C) DBS must, for use for the purposes of the protection of children or vulnerable adults, provide to any relevant authority who has requested it information as to whether a particular person is barred. \n2) The powers conferred by this section do not limit any other power of DBS to provide information for any purpose or to any person. \n3) In this section , “a chief officer of police” includes— \n\ta) the Chief Constable of the Police Service of Northern Ireland ; \n\tb) the chief constable of the Police Service of Scotland ; \n\tc) the Chief Constable of the British Transport Police Force; \n\td) the Chief Constable of the Civil Nuclear Constabulary; \n\te) the Chief Constable of the Ministry of Defence Police; \n\tf) the Director General of the National Crime Agency; \n\tg) the Provost Marshal of the Royal Navy Police; \n\th) the Provost Marshal of the Royal Military Police; \n\ti) the Provost Marshal of the Royal Air Force Police; \n\tj) the Provost Marshal for serious crime; \n\tk) the Chief Constable of the Isle of Man Constabulary; \n\tl) the Chief Officer of the States of Jersey Police Force; \n\tm) the Chief Officer of the salaried police force of the Island of Guernsey. \n4) In this section  “relevant authority” means— \n\ta) the Secretary of State exercising functions in relation to prisons, or \n\tb) a provider of probation services (within the meaning given by section 3(6) of the Offender Management Act 2007). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/50A",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/50A",
    "legislation_id": "ukpga/2006/47",
    "title": "Provision of information to the police etc.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088041Z",
    "text": "Section 5) **Regulated activity**\n\n1) A reference to regulated activity relating to children must be construed in accordance with Part 1 of Schedule 4. \n2) A reference to regulated activity relating to vulnerable adults must be construed in accordance with Part 2 of that Schedule. \n3) The Secretary of State may by order amend that Schedule, or any of the modifications of that Schedule in the provisions mentioned in subsection (4), so as to vary the meaning of— \n\ta) regulated activity relating to children; \n\tb) regulated activity relating to vulnerable adults. \n4) The provisions are— \n\t- section 7(5);\n\t- section 9(5);\n\t- ...\n\t- section 19(8);\n\t- ....",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/5",
    "legislation_id": "ukpga/2006/47",
    "title": "Regulated activity",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088172Z",
    "text": "Section 39) **Local authorities: power to refer**\n\n1) A local authority may provide DBS with any  ... information they hold relating to a person if the first and second conditions are satisfied. \n2) The first condition is that the local authority thinks— \n\ta) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to the person, \n\tb) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring after the commencement of this section, or \n\tc) that the harm test is satisfied. \n3) The harm test is that the person may— \n\ta) harm a child or vulnerable adult, \n\tb) cause a child or vulnerable adult to be harmed, \n\tc) put a child or vulnerable adult at risk of harm, \n\td) attempt to harm a child or vulnerable adult, or \n\te) incite another to harm a child or vulnerable adult. \n4) The second condition is that the local authority thinks— \n\ta) that the person is or has been, or might in future be, engaged in regulated activity  ..., and \n\tb) (except in a case where paragraph 1 or 7 of Schedule 3 applies) that DBS may consider it appropriate for the person to be included in a barred list. \n5) A local authority may provide DBS with any  ... information it holds relating to a person if— \n\ta) the local authority think that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3) occurring before the commencement of this section, and \n\tb) the condition in subsection (4) is satisfied. \n6) For the purposes of subsection (2)(b) or (5)(a), conduct is inappropriate if it appears to the local authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3. \n7) “Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970 (c. 39). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/39",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/39",
    "legislation_id": "ukpga/2006/47",
    "title": "Local authorities: power to refer",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 39,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088251Z",
    "text": "Section 59) **Vulnerable adults**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/59",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/59",
    "legislation_id": "ukpga/2006/47",
    "title": "Vulnerable adults",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 59,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088157Z",
    "text": "Section 35) **Regulated activity providers: duty to refer**\n\n1) Subsection (2) applies to— \n\ta) a regulated activity provider who holds any prescribed information in relation to a person (P) engaged in regulated activity provided by him; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) A person to whom this subsection applies must provide DBS with the information if— \n\ta) he withdraws permission for P to engage in the activity for a reason mentioned in subsection (3), or \n\tb) he does not withdraw permission for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity. \n3) The reasons are that the person to whom subsection (2) applies thinks— \n\ta) that paragraph 1, 2, 7 or 8 of Schedule 3 applies to P, \n\tb) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 3), or \n\tc) that the harm test is satisfied. \n4) The harm test is that P may— \n\ta) harm a child or vulnerable adult, \n\tb) cause a child or vulnerable adult to be harmed, \n\tc) put a child or vulnerable adult at risk of harm, \n\td) attempt to harm a child or vulnerable adult, or \n\te) incite another to harm a child or vulnerable adult. \n5) For the purposes of subsection (3)(b), conduct is inappropriate if it appears to the person to whom subsection (2) applies to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 3. \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) This section does not apply if the conditions specified in subsection (2) are fulfilled before the section is commenced. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/35",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/35",
    "legislation_id": "ukpga/2006/47",
    "title": "Regulated activity providers: duty to refer",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 35,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088033Z",
    "text": "Section 3) **Barred persons**\n\n1) A reference to a person being barred from regulated activity must be construed in accordance with this section. \n2) A person is barred from regulated activity relating to children if he is— \n\ta) included in the children's barred list; \n\tb) included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list. \n3) A person is barred from regulated activity relating to vulnerable adults if he is— \n\ta) included in the adults' barred list; \n\tb) included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the adults' barred list. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/3",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/3",
    "legislation_id": "ukpga/2006/47",
    "title": "Barred persons",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 3,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088142Z",
    "text": "Section 31) **Meaning of relevant information in section 30**\n\n1) This section has effect for the purposes of section 30. \n2) Relevant information relating to children is— \n\ta) whether B is subject to monitoring in relation to regulated activity relating to children, and \n\tb) if so, whether he is undergoing assessment. \n3) Relevant information relating to vulnerable adults is— \n\ta) whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and \n\tb) if so, whether he is undergoing assessment. \n4) B is undergoing assessment if— \n\ta) the Secretary of State is required to notify B as mentioned in section 24(4) in connection with B's monitoring application but has not yet done so; \n\tb) B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section; \n\tc) in relation to subsection (2)(b), IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 3; \n\td) in relation to subsection (3)(b), IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of that Schedule. \n5) In subsection (4)(b)\n\n\t\t\t\t\t “simultaneous application” means an application made simultaneously with B's monitoring application under section 24. \n6) The Secretary of State may by order amend the preceding provisions of this section for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/31",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/31",
    "legislation_id": "ukpga/2006/47",
    "title": "Meaning of relevant information in section 30",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 31,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088049Z",
    "text": "Section 7) **Barred person not to engage in regulated activity**\n\n1) An individual commits an offence if he— \n\ta) seeks to engage in regulated activity from which he is barred; \n\tb) offers to engage in regulated activity from which he is barred; \n\tc) engages in regulated activity from which he is barred. \n2) A person guilty of an offence under subsection (1) is liable— \n\ta) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both; \n\tb) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court , or to a fine not exceeding the statutory maximum, or to both. \n3) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity. \n4) It is a defence for a person charged with an offence under subsection (1) to prove— \n\ta) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be), \n\tb) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and \n\tc) that he engaged in the activity for no longer than was necessary for that purpose. \n5) For the purposes of this section, Schedule 4 is modified as follows— \n\ta) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) In relation to an offence committed before 2 May 2022 , the reference in subsection (2)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/7",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/7",
    "legislation_id": "ukpga/2006/47",
    "title": "Barred person not to engage in regulated activity",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 7,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088057Z",
    "text": "Section 9) **Use of barred person for regulated activity**\n\n1) A person commits an offence if— \n\ta) he permits an individual (B) to engage in regulated activity from which B is barred, \n\tb) he knows or has reason to believe that B is barred from that activity, and \n\tc) B engages in the activity. \n2) A personnel supplier commits an offence if— \n\ta) he supplies an individual (B) to another (P), \n\tb) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and \n\tc) he knows or has reason to believe that B is barred from that activity. \n3) A person guilty of an offence under this section is liable— \n\ta) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both; \n\tb) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court , or to a fine not exceeding the statutory maximum, or to both. \n4) It is a defence for a person charged with an offence under this section to prove— \n\ta) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be), \n\tb) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and \n\tc) that the barred person engaged in the activity for no longer than was necessary for that purpose. \n5) For the purposes of this section, Schedule 4 is modified as follows— \n\ta) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) In relation to an offence committed before 2 May 2022 , the reference in subsection (3)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/9",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/9",
    "legislation_id": "ukpga/2006/47",
    "title": "Use of barred person for regulated activity",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 9,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088326Z",
    "text": "SCHEDULE 10 Repeals Section 63 Short title and chapterExtent of repealChildren Act 1989 (c. 41)In Schedule 9A, in paragraph 4(2), paragraphs (a) and (b)Police Act 1997 (c. 50)Sections 113C to 113FTeaching and Higher Education Act 1998 (c. 30)Section 2(4)In section 3(3), paragraph (a)Section 15(4)Protection of Children Act 1999 (c. 14)Sections 1 to 4C and 7In section 9(1), the words from  “which shall exercise” to the endIn section 9(2), paragraphs (a), (b) and (e)Section 9(3A)In section 12, all the definitions in subsection (1) except the definition of  “prescribed”, and subsections (2) to (3A)Section 13Care Standards Act 2000 (c. 14)Sections 80 to 89, 91 to 99 and 101In Schedule 4, in paragraph 26, both of the sub-paragraphs numbered (2) and sub-paragraph (4)Criminal Justice and Court Services Act 2000 (c. 43)Sections 24 and 26 to 38In section 42(1), the definition of  “disqualification order”Schedule 4In Schedule 7, paragraphs 155, 157 and 158Education Act 2002 (c. 32)Sections 142 to 144In Schedule 21, paragraphs 75, 76(b), 86(2), 121, 122(a), 123 and 128Adoption and Children Act 2002 (c. 38)In Schedule 3, paragraph 94Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Section 189(1) to (3)In Schedule 9, paragraph 14Criminal Justice Act 2003 (c. 44)Section 299Schedule 30Children Act 2004 (c. 31)Section 39In Schedule 1, paragraph 11In Schedule 2, paragraphs 6 and 7Civil Partnership Act 2004 (c. 33)In Schedule 21, paragraph 49AConstitutional Reform Act 2005 (c. 4)In Schedule 11, paragraph 35Inquiries Act 2005 (c. 12)In Schedule 2, paragraphs 18 and 19Serious Organised Crime and Police Act 2005 (c. 15)Schedule 14, paragraph 2Childcare Act 2006 (c. 21)In section 75(3), paragraphs (a) and (b) ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/10",
    "legislation_id": "ukpga/2006/47",
    "title": "Repeals",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088228Z",
    "text": "Section 53) **Fostering**\n\n1) Despite section 58, this Act applies to activity that is regulated activity by virtue of paragraph 1(5) of Schedule 4. \n2) Subsection (1) does not affect the operation of this Act in relation to any other activity that is carried out in connection with a foster child. \n3) Subsection (4) applies if a person (P)— \n\ta) makes arrangements for another person to foster a child as a private foster parent, and \n\tb) has power to terminate the arrangements. \n4) P is, if he would not otherwise be, a regulated activity provider in relation to fostering carried out by the foster parent in pursuance of the arrangements. \n5) The following provisions of this section apply for the purposes of this Act. \n6) A person fosters a child if he is a foster parent of the child. \n7) A person is a foster parent if— \n\ta) the person is a local authority foster parent within the meaning of section 105 of the Children Act 1989; \n\tb) he is a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act; \n\tc) he is a private foster parent. \n8) A person is a private foster parent if he falls within subsection (9) and looks after a child— \n\ta) for reward, or \n\tb) in pursuance of an arrangement made by someone other than a member of the child's family. \n9) A person falls within this subsection if— \n\ta) he fosters the child privately within the meaning of section 66(1) of the Children Act 1989, \n\tb) he would be so fostering the child but for subsection (2) of that section (minimum period of 28 days), or \n\tc) (in the case of a child who has attained the age of 16) he would fall within paragraph (a) or (b) if the child were under the age of 16. \n10) A person's family includes— \n\ta) the person's foster child; \n\tb) the foster child of any member of the person's family; and references to a family relationship and family member are to be construed accordingly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/53",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/53",
    "legislation_id": "ukpga/2006/47",
    "title": "Fostering",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 53,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088093Z",
    "text": "Section 19) **Offences: other persons**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier— \n\ta) he supplies an individual (B) to another (P), \n\tb) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and \n\tc) he knows or has reason to believe that B is barred from the activity. \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) A person guilty of an offence under subsection (2) is liable— \n\ta) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both; \n\tb) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court , or to a fine not exceeding the statutory maximum, or to both. \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n8) For the purpose of subsection (2)(b) , Schedule 4 is modified as follows— \n\ta) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) In relation to an offence committed 2 May 2022 , the reference in subsection (5)(b) to the general limit in a magistrates’ court must be taken to be a reference to six months. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/19",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/19",
    "legislation_id": "ukpga/2006/47",
    "title": "Offences: other persons",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 19,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088165Z",
    "text": "Section 37) **Regulated activity providers: duty to provide information on request &c.**\n\n1) This section applies if DBS is considering— \n\ta) whether to include any person in a barred list; \n\tb) whether to remove any person from a barred list. \n2) DBS may require— \n\ta) any regulated activity provider who has made arrangements for that person to engage in regulated activity (whether or not the arrangements are still in place), \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or \n\td) any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated  ... activity, to provide DBS with any prescribed information he or it holds relating to the person. \n3) An employment agency acts for a person if it makes arrangements with him with a view to— \n\ta) finding him relevant employment with an employer, or \n\tb) supplying him to employers for relevant employment by them. \n4) Relevant employment is employment which consists in or involves engaging in regulated  ... activity. \n5) An employment business acts for a person if it employs him to engage in regulated  ... activity for and under the control of other persons. \n6) In this section  “employment” has the same meaning as in the Employment Agencies Act 1973 (c. 35). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/37",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/37",
    "legislation_id": "ukpga/2006/47",
    "title": "Regulated activity providers: duty to provide information on request &c.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 37,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088146Z",
    "text": "Section 32) **Notification of cessation of monitoring**\n\n1) The Secretary of State must establish and maintain a register for the purposes of this section. \n2) The Secretary of State must register a person (A) in relation to another (B) if— \n\ta) A makes an application to be registered in relation to B, \n\tb) the application contains the appropriate declaration, \n\tc) the Secretary of State has no reason to believe that the declaration is false, and \n\td) B is subject to monitoring in relation to the regulated activity to which the application relates. \n3) The appropriate declaration is a declaration by A— \n\ta) that he falls within column 1 of a specified entry, and \n\tb) that B has consented to the application. \n4) In this section references to a specified entry are to an entry in the table in Schedule 7 specified by A in his declaration. \n5) A's application and registration relate— \n\ta) if column 2 of the specified entry refers to children, to regulated activity relating to children; \n\tb) if column 2 of the specified entry refers to vulnerable adults, to regulated activity relating to vulnerable adults. \n6) The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates. \n7) The requirement under subsection (6) is satisfied if notification is sent to any address recorded against A's name in the register. \n8) Paragraph (b) of subsection (3) does not apply if the specified entry is 17. \n9) If B consents to the provision of information to A under section 30 the consent also has effect as consent to any application by A to be registered in relation to B under this section. \n10) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this section (including the form and manner of a declaration contained in such an application). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/32",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/32",
    "legislation_id": "ukpga/2006/47",
    "title": "Notification of cessation of monitoring",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 32,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088202Z",
    "text": "Section 47) **Supervisory authorities: power to apply for certain barring information**\n\n1) If a supervisory authority applies to DBS for information within subsection (2) or (3) relating to a person (B), DBS must provide the supervisory authority with that information. \n2) The information within this subsection is— \n\ta) whether B is barred from regulated activity relating to children, \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) The information within this subsection is— \n\ta) whether B is barred from regulated activity relating to vulnerable adults, \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) A supervisory authority may apply for information under this section only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7). \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) The Secretary of State may by order amend this section for the purpose of altering the information within subsection (2) or (3). \n7) DBS may determine the form, manner and contents of an application for the purposes of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/47",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/47",
    "legislation_id": "ukpga/2006/47",
    "title": "Supervisory authorities: power to apply for certain barring information",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 47,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088187Z",
    "text": "Section 43) **Registers: provision of barring information to keepers of registers**\n\n1) Subsection (2) applies if— \n\ta) DBS knows or thinks that a person (A) appears on a relevant register, and \n\tb) either— \n\t\ti) A is included in a barred list, or \n\t\tii) DBS is aware that A is subject to a relevant disqualification. \n2) DBS must— \n\ta) notify the keeper of the register of the circumstances mentioned in subsection (1)(b)(i) or (as the case may be)\n\t\t\t\t\t\t\t\t\t\t(ii), and \n\tb) in the case where A is included in a barred list, provide the keeper of the register with such of the information on which DBS relied in including A in the list as DBS considers— \n\t\ti) to be relevant to the exercise of any function of the keeper, and \n\t\tii) otherwise appropriate to provide. \n3) Subsection (4) applies if the keeper of a relevant register applies to DBS to ascertain in relation to a person (A) whether— \n\ta) A is included in a barred list, or \n\tb) DBS is aware that A is subject to a relevant disqualification. \n4) DBS must notify the keeper of the register as to whether the circumstances are as mentioned in subsection (3)(a) or (as the case may be)\n\t\t\t\t\t\t\t\t(b). \n5) DBS may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as DBS considers appropriate. \n5A) Subsection (5B) applies if— \n\ta) a keeper of a register has applied to DBS to be notified in relation to a person (A) if— \n\t\ti) A is included in a barred list, or \n\t\tii) DBS is aware that A is subject to a relevant disqualification, and \n\tb) the application has not been withdrawn. \n5B) DBS must notify the keeper of the register if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be)\n\t\t\t\t\t\t\t\t(ii). \n5C) For the purposes of subsection (5A)(b) an application is withdrawn if— \n\ta) the keeper of the register notifies DBS that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be)\n\t\t\t\t\t\t\t\t\t\t(ii) in relation to A, or \n\tb) DBS cancels the application on either of the following grounds— \n\t\ti) that the keeper has not answered, within such reasonable period as was required by DBS , a request from DBS as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in subsection (5A)(a)(i) or (as the case may be)\n\t\t\t\t\t\t\t\t\t\t\t\t(ii), or \n\t\tii) that A neither appears in the register nor is being considered for inclusion in the register. \n5D) A keeper of a relevant register may apply for information under this section, or to be notified under this section, in relation to a person (A) only if— \n\ta) A appears in the register, or \n\tb) A is being considered for inclusion in the register. \n5E) The duties in subsections (2), (4) and (5B) do not apply if DBS  ...    is satisfied that the keeper of the register already has the information concerned. \n5F) DBS may determine the form, manner and contents of an application for the purposes of this section. \n5G) In this section relevant information is information— \n\ta) which— \n\t\ti) relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and \n\t\tii) is relevant to the exercise of any function of the keeper of the register, but \n\tb) which is not— \n\t\ti) information that the circumstances are as mentioned in subsection (1)(b)(i) or (ii) in relation to a person, \n\t\tii) any information provided under subsection (2)(b), or \n\t\tiii) information falling within paragraph 19(5) of Schedule 3. \n5H) The Secretary of State may by order amend subsection (5G). \n6) In this section— \n\ta) a relevant register is a register appearing in column 1  ... of the table in section 41(7), and \n\tb) in relation to a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table. \n7) A person is subject to a relevant disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to a barred list. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/43",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/43",
    "legislation_id": "ukpga/2006/47",
    "title": "Registers: provision of barring information to keepers of registers",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 43,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088135Z",
    "text": "Section 29) **Part 5 of the Police Act 1997: code of practice**\n\n1) Section 122 of the Police Act 1997 (c. 50)\n\n\t\t\t\t\t(code of practice) is amended as follows. \n2) In subsection (1) after  “information provided to” insert “\n                  , or the discharge of any function by,\n           ” . \n3) In subsection (3) for the words from  “The Secretary of State” to  “application” substitute “\n                  Subsection (3A) applies if the Secretary of State thinks that the registered person who countersigned an application for a certificate under section 113A or 113B\n           ” . \n4) After subsection (3) insert— \n3A) The Secretary of State may— \n\ta) refuse to issue the certificate; \n\tb) suspend the registration of the person; \n\tc) cancel the registration of the person. \n3B) Section 120AB applies if the Secretary of State proposes to suspend or cancel a person's registration under subsection (3A) above as it applies if he proposes to suspend or cancel a person's registration by virtue of section 120AA. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/29",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/29",
    "legislation_id": "ukpga/2006/47",
    "title": "Part 5 of the Police Act 1997: code of practice",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 29,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088213Z",
    "text": "Section 50) **Provision of information to supervisory authorities**\n\n1) This section applies if DBS has information that it thinks is relevant to a supervisory authority. \n2) DBS may (whether on an application by the authority or otherwise) provide the supervisory authority with the information. \n3) Information is relevant to a supervisory authority if— \n\ta) it relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and \n\tb) is relevant to the exercise of any function of the authority which is mentioned in section 45(7) , but does not include information falling within paragraph 19(5) of Schedule 3 or of any circumstance mentioned in section 48(1) or 49(1) in relation to a person. \n4) A supervisory authority may apply to DBS under this section only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in section 45(7). \n5) DBS may determine the form, manner and contents of an application for the purposes of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/50",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/50",
    "legislation_id": "ukpga/2006/47",
    "title": "Provision of information to supervisory authorities",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 50,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088243Z",
    "text": "Section 57) **Damages**\n\n1) No claim for damages lies in respect of any loss or damage suffered by any person in consequence of— \n\ta) the fact that an individual is included in a barred list; \n\tb) the fact that an individual is not included in a barred list; \n\tc) the provision of  ... information in pursuance of any of sections 35, 36, 37, 39, 40, 41, 42, 45 and 46. \n2) Subsection (1)(c) does not apply to the provision of information which is untrue by a person who knows the information is untrue and either— \n\ta) he is the originator of the information and he knew at the time he originated the information that it was not true, or \n\tb) he causes another person to be the originator of the information knowing, at the time the information is originated, that it is untrue. \n3) Nothing in this Act affects section 8 of the Human Rights Act 1998 (c. 42) as it relates to the power of a court to award damages in respect of an unlawful act of a public authority (within the meaning of that Act). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/57",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/57",
    "legislation_id": "ukpga/2006/47",
    "title": "Damages",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 57,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088221Z",
    "text": "Section 51) **Crown application**\n\n1) Subject to the provisions of this section, this Act and any regulations or orders made under it bind the Crown. \n2) No contravention by the Crown of any provision of this Act or of any regulations or order made under it makes the Crown criminally liable. \n3) Despite subsection (2), this Act and any regulations or orders made under it apply to persons in Crown employment (within the meaning of the Employment Rights Act 1996 (c. 18)) as they apply to other persons. \n4) Subsection (2) of section 6 does not apply in relation to any activity carried out by the Crown. \n5) Each government department and other body performing functions on behalf of the Crown— \n\ta) if the department or body engages in regulated activity, is the regulated activity provider in relation to the activity; \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) In subsection (5)  “body” includes office-holder. \n7) Nothing in this section is to be taken as in any way affecting Her Majesty in her private capacity (within the meaning of section 38(3) of the Crown Proceedings Act 1947 (c. 44)). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/51",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/51",
    "legislation_id": "ukpga/2006/47",
    "title": "Crown application",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 51,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088247Z",
    "text": "Section 58) **Family and personal relationships**\n\n1) This Act does not apply to any activity which is carried out in the course of a family relationship. \n2) This Act does not apply to any activity which is carried out— \n\ta) in the course of a personal relationship, and \n\tb) for no commercial consideration. \n3) A family relationship includes a relationship between two persons who— \n\ta) live in the same household, and \n\tb) treat each other as though they were members of the same family. \n4) A personal relationship is a relationship between or among friends. \n5) A friend of a person (A) includes a person who is a friend of a member of A's family. \n6) The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not— \n\ta) carried out in the course of a family relationship; \n\tb) carried out in the course of a personal relationship. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/58",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/58",
    "legislation_id": "ukpga/2006/47",
    "title": "Family and personal relationships",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 58,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088258Z",
    "text": "Section 61) **Orders and regulations**\n\n1) Any power under this Act to make orders or regulations is exercisable by statutory instrument. \n2) Subject to subsections (3) and (4), orders or regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament. \n3) An instrument containing provision made— \n\ta) by order under section 5(3), \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) by order under section 54(1) if it contains provision amending any Act or confers power to make subordinate legislation, \n\tg) under section 64(3), \n\th) in regulations prescribing criteria for the purpose of paragraph 1, 2, 7 or 8 of Schedule 3, or \n\ti) by order under paragraph 6 or 12 of Schedule 3,  ... \n\tj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . must not be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament. \n4) Subsection (2) does not apply to an order made under section 65, including such an order which contains provision made under section 64 (except subsection (3) of that section). \n5) A power to make an order or regulations may be exercised so as to make different provision for different purposes. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/61",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/61",
    "legislation_id": "ukpga/2006/47",
    "title": "Orders and regulations",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 61,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088176Z",
    "text": "Section 40) **Local authorities: duty to provide information on request**\n\n1) This section applies if DBS is considering— \n\ta) whether to include any person in a barred list; \n\tb) whether to remove any person from a barred list. \n2) If DBS thinks that a local authority hold any prescribed information relating to the person, it may require the authority to provide it with the information. \n3) The local authority must comply with a requirement under subsection (2). \n4) “Local authority” has the same meaning as in section 1 of the Local Authorities (Goods and Services) Act 1970. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/40",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/40",
    "legislation_id": "ukpga/2006/47",
    "title": "Local authorities: duty to provide information on request",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 40,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088090Z",
    "text": "Section 18) **Offences: companies &c.**\n\n1) If an offence under section 9  ... or 38  ... is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of— \n\ta) a director, manager, secretary or other similar officer of the body, or \n\tb) a person purporting to act in such a capacity, he (as well as the body) commits the offence. \n2) If an offence under section 9  ... or 38  ... is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of— \n\ta) a partner, or \n\tb) a person purporting to act as a partner, he (as well as the partnership) commits the offence. \n3) In subsection (1),  “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/18",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/18",
    "legislation_id": "ukpga/2006/47",
    "title": "Offences: companies &c.",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 18,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088273Z",
    "text": "Section 65) **Commencement**\nThis Act (except this section and section 55) comes into force on such day as the Secretary of State appoints by order. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/65",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/65",
    "legislation_id": "ukpga/2006/47",
    "title": "Commencement",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 65,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088276Z",
    "text": "Section 66) **Extent**\n\n1) Subject to subsections (2) to (4), the preceding provisions of this Act extend only to England and Wales. \n2) Sections 1, 28, 29 and 55 and Schedule 1 and, so far as relating to those provisions, sections 59 to 61 and 65 also extend to Northern Ireland. \n3) The amendment of an enactment in Schedule 9 has the same extent as the enactment amended, but the amendments made by paragraph 14 of that Schedule do not extend to Scotland. \n4) Her Majesty may by Order in Council direct that this Act extends, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/66",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/66",
    "legislation_id": "ukpga/2006/47",
    "title": "Extent",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 66,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088236Z",
    "text": "Section 55) **Northern Ireland**\nAn Order in Council under paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c. 1)\n\n\t\t\t(legislation for Northern Ireland during suspension of devolved government) which contains a statement that it is made only for purposes corresponding to those of this Act— \n\ta) is not subject to paragraph 2 of that Schedule (affirmative resolution of both Houses of Parliament), but \n\tb) is subject to annulment in pursuance of a resolution of either House of Parliament. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/55",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/55",
    "legislation_id": "ukpga/2006/47",
    "title": "Northern Ireland",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 55,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088232Z",
    "text": "Section 54) **Devolution: alignment**\n\n1) The Secretary of State may, by order, make such provision (including provision amending any enactment contained in or made under any Act, including this Act) as he thinks necessary or expedient in consequence of or having regard to any relevant Scottish legislation or relevant Northern Ireland legislation. \n2) An order may— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) confer power to make subordinate legislation (within the meaning given by the Interpretation Act 1978 (c. 30)). \n3) Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks— \n\ta) corresponds to provision made by or under this Act, \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or \n\tc) affects the operation of any provision made by or under this Act. \n4) Relevant Northern Ireland legislation is any provision of such legislation which the Secretary of State thinks— \n\ta) corresponds to provision made by or under this Act \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or \n\tc) affects the operation of any provision made by or under this Act. \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/54",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/54",
    "legislation_id": "ukpga/2006/47",
    "title": "Devolution: alignment",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 54,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088269Z",
    "text": "Section 64) **Supplementary, incidental, consequential &c. provision**\n\n1) Power to make subordinate legislation under this Act includes power to make— \n\ta) such supplementary, incidental or consequential provision, or \n\tb) such transitory, transitional or saving provision, as the person making the subordinate legislation thinks necessary or expedient. \n2) The Secretary of State may by order may make such further provision as he considers appropriate— \n\ta) for the general purposes, or any particular purpose, of this Act; \n\tb) in consequence of any provision made by this Act; \n\tc) for giving full effect to this Act or any provision made by it. \n3) Subordinate legislation under subsection (1) or (2) may amend, repeal, revoke or otherwise modify any enactment (including this Act). \n4) References in this section to subordinate legislation are to an order or regulations under this Act. \n5) Nothing in this Act affects the generality of the power conferred by this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/64",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/64",
    "legislation_id": "ukpga/2006/47",
    "title": "Supplementary, incidental, consequential &c. provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 64,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088028Z",
    "text": "Section 2) **Barred lists**\n\n1) DBS must  ... maintain— \n\ta) the children's barred list; \n\tb) the adults' barred list. \n2) Part 1 of Schedule 3 applies for the purpose of determining whether an individual is included in the children's barred list. \n3) Part 2 of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list. \n4) Part 3 of that Schedule contains supplementary provision. \n5) In respect of an individual who is included in a barred list, DBS must keep other information of such description as is prescribed. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/2",
    "legislation_id": "ukpga/2006/47",
    "title": "Barred lists",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088206Z",
    "text": "Section 48) **Supervisory authorities: notification of barring &c. in respect of children**\n\n1) This section applies if— \n\ta) a person is  ... included in the children's barred list, \n\tb) DBS becomes aware that a person is subject to a relevant children's disqualification,  ... \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) DBS must notify every interested supervisory authority of the circumstance mentioned in paragraph (a), (b) or (c) (as the case may be) of subsection (1). \n3) A supervisory authority is an interested supervisory authority only if— \n\ta) it has applied to DBS to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person, and \n\tb) the application has not been withdrawn. \n4) A supervisory authority may apply to DBS under subsection (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in section 45(7). \n5) For the purposes of subsection (3)(b) an application is withdrawn if the supervisory authority notifies DBS that it no longer wishes to be notified if any of the circumstances mentioned in subsection (1) occurs in relation to the person. \n6) A person is subject to a relevant children's disqualification if he is included in a list maintained under the law of Scotland or Northern Ireland which the Secretary of State specifies by order as corresponding to the children's barred list. \n7) The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this section. \n8) DBS may determine the form, manner and contents of an application for the purposes of this section. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/48",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/48",
    "legislation_id": "ukpga/2006/47",
    "title": "Supervisory authorities: notification of barring &c. in respect of children",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 48,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088053Z",
    "text": "Section 8) **Person not to engage in regulated activity unless subject to monitoring**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/8",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/8",
    "legislation_id": "ukpga/2006/47",
    "title": "Person not to engage in regulated activity unless subject to monitoring",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 8,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088309Z",
    "text": "SCHEDULE 6 Employment businesses: failure to check Section 12 *Offences*\n\n...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *...*\n\n...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *...*\n\n...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *Power to amend paragraph 2(1)(c)*\n\n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *......*\n\n...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/6",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/6",
    "legislation_id": "ukpga/2006/47",
    "title": "Employment businesses: failure to check",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 6,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088191Z",
    "text": "Section 44) **Registers: power to apply for vetting information**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/44",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/44",
    "legislation_id": "ukpga/2006/47",
    "title": "Registers: power to apply for vetting information",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 44,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088101Z",
    "text": "Section 21) **Controlled activity relating to children**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/21",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/21",
    "legislation_id": "ukpga/2006/47",
    "title": "Controlled activity relating to children",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 21,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088064Z",
    "text": "Section 11) **Regulated activity provider: failure to check**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/11",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/11",
    "legislation_id": "ukpga/2006/47",
    "title": "Regulated activity provider: failure to check",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 11,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088168Z",
    "text": "Section 38) **Duty to provide information: offences**\n\n1) A person commits an offence if— \n\ta) he is required under section 35 or 36 or in pursuance of section 37 to provide information to DBS , and \n\tb) he fails, without reasonable excuse, to provide the information. \n2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/38",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/38",
    "legislation_id": "ukpga/2006/47",
    "title": "Duty to provide information: offences",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 38,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088150Z",
    "text": "Section 33) **Cessation of registration**\n\n1) In this section references to registration are to registration in the register maintained for the purposes of section 32. \n2) Once a person is notified as mentioned in subsection (6) of that section, his registration ceases. \n3) DBS may cancel a person's registration in such circumstances as are prescribed. \n4) DBS must cancel a person's registration— \n\ta) if the person applies for it to be cancelled; \n\tb) in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled. \n5) When a person's registration is cancelled under subsection (3) or (4)(b), DBS must notify him of that fact. \n6) The requirement under subsection (5) is satisfied if notification is sent to any address recorded against A's name in the register. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/33",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/33",
    "legislation_id": "ukpga/2006/47",
    "title": "Cessation of registration",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 33,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088199Z",
    "text": "Section 46) **Supervisory authorities: duty to provide information on request**\n\n1) This section applies if DBS is considering— \n\ta) whether to include in a barred list a person in relation to whom DBS thinks that a supervisory authority may have prescribed information; \n\tb) whether to remove such a person from a barred list. \n2) DBS may require the supervisory authority to provide it with any prescribed information it holds relating to the person. \n3) The supervisory authority must comply with a requirement under subsection (2). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/46",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/46",
    "legislation_id": "ukpga/2006/47",
    "title": "Supervisory authorities: duty to provide information on request",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 46,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088037Z",
    "text": "Section 4) **Appeals**\n\n1) An individual who is included in a barred list may appeal to the Upper Tribunal against— \n\ta) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tb) a decision under paragraph 2, 3, 5, 8, 9 or 11 of Schedule 3 to include him in the list; \n\tc) a decision under paragraph 17 , 18 or 18A of that Schedule not to remove him from the list. \n2) An appeal under subsection (1) may be made only on the grounds that DBS has made a mistake— \n\ta) on any point of law; \n\tb) in any finding of fact which it has made and on which the decision mentioned in that subsection was based. \n3) For the purposes of subsection (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact. \n4) An appeal under subsection (1) may be made only with the permission of the Upper Tribunal. \n5) Unless the Upper Tribunal finds that DBS has made a mistake of law or fact, it must confirm the decision of DBS . \n6) If the Upper Tribunal finds that DBS has made such a mistake it must— \n\ta) direct DBS to remove the person from the list, or \n\tb) remit the matter to DBS for a new decision. \n7) If the Upper Tribunal remits a matter to DBS under subsection (6)(b)— \n\ta) the Upper Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and \n\tb) the person must be removed from the list until DBS makes its new decision, unless the Upper Tribunal directs otherwise. \n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/4",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/4",
    "legislation_id": "ukpga/2006/47",
    "title": "Appeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 4,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088060Z",
    "text": "Section 10) **Use of person not subject to monitoring for regulated activity**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/10",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/10",
    "legislation_id": "ukpga/2006/47",
    "title": "Use of person not subject to monitoring for regulated activity",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 10,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088071Z",
    "text": "Section 13) **Educational establishments: check on members of governing body**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/13",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/13",
    "legislation_id": "ukpga/2006/47",
    "title": "Educational establishments: check on members of governing body",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 13,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088184Z",
    "text": "Section 42) **Registers: duty to provide information on request**\n\n1) This section applies if DBS is considering— \n\ta) whether to include in a barred list a person who appears on a relevant register; \n\tb) whether to remove such a person from a barred list. \n2) DBS may require the keeper of the register to provide it with any prescribed information he holds relating to the person. \n3) The keeper of the register must comply with a requirement under subsection (2). \n4) References to a relevant register and the keeper of a relevant register must be construed in accordance with section 41(7). ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/42",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/42",
    "legislation_id": "ukpga/2006/47",
    "title": "Registers: duty to provide information on request",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 42,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088304Z",
    "text": "SCHEDULE 5 Appropriate verification Section 11 ## Part 1\n## Default position\n\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 2\n## Prescribed verification\n\n\n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 3\n## Prescribed verification\n\n\n8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Part 4\n## Definitions and power to amend\n\n\n...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n12A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n...) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/5",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/5",
    "legislation_id": "ukpga/2006/47",
    "title": "Appropriate verification",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 5,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088085Z",
    "text": "Section 17) **NHS employment**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/17",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/17",
    "legislation_id": "ukpga/2006/47",
    "title": "NHS employment",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 17,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088068Z",
    "text": "Section 12) **Personnel suppliers: failure to check**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/12",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/12",
    "legislation_id": "ukpga/2006/47",
    "title": "Personnel suppliers: failure to check",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 12,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088075Z",
    "text": "Section 14) **Office holders: offences**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/14",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/14",
    "legislation_id": "ukpga/2006/47",
    "title": "Office holders: offences",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 14,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088097Z",
    "text": "Section 20) **Section 19: exclusions and defences**\n\n1) A person does not commit an offence under section 19 if B has not attained the age of 16. \n2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/20",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/20",
    "legislation_id": "ukpga/2006/47",
    "title": "Section 19: exclusions and defences",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 20,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088153Z",
    "text": "Section 34) **Declarations under sections 30 and 32**\n\n1) An individual commits an offence if, in an application made for the purposes of section 30 or 32— \n\ta) he makes a false declaration, and \n\tb) he either knows that it is false or is reckless as to whether it is false. \n2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/34",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/34",
    "legislation_id": "ukpga/2006/47",
    "title": "Declarations under sections 30 and 32",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 34,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088291Z",
    "text": "SCHEDULE 2 Transfers to ISA Section 1 *Staff transfer schemes*\n\n1) \n1) The Secretary of State may make a scheme (a  “staff transfer scheme”) providing— \n\ta) for a person employed in the civil service of the state to become an employee of ISA ; \n\tb) for his terms of employment to have effect (subject to any necessary modifications) as the terms of his contract of employment with ISA ; \n\tc) for the transfer to ISA of the rights, powers, duties and liabilities of the Crown under or in connection with his terms of employment; \n\td) for anything done (or having effect as if done) before that transfer by or in relation to the Crown in respect of the terms of employment or the person to be treated as having been done by or in relation to ISA . \n2) A staff transfer scheme may provide for a period before a person became an employee of ISA to count as a period during which he was such an employee (and for the operation of the scheme not to be treated as having interrupted the continuity of that period). \n3) A staff transfer scheme may provide for a person in the civil service of the state who would otherwise become an employee of ISA not to become such an employee if he gives notice objecting to the operation of the scheme in relation to him. \n4) A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as having his employment terminated by the operation of the scheme not to be so treated. *Property transfer schemes*\n\n2) \n1) The Secretary of State may make a scheme (a  “property transfer scheme”) providing for the transfer to ISA of any property, rights or liabilities of the Secretary of State. \n2) The things that may be transferred by a property transfer scheme include— \n\ta) property, rights and liabilities that could not otherwise be transferred; \n\tb) property acquired, and rights and liabilities arising, after the making of the scheme. \n3) A property transfer scheme may— \n\ta) create interests in, or rights in relation to, anything that is or could be transferred by the scheme; \n\tb) impose liabilities in relation to anything that is or could be transferred or created by the scheme; \n\tc) apportion property, rights and liabilities; \n\td) provide for things done by or in relation to the Secretary of State in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to ISA ; \n\te) make provision about the continuation of legal proceedings. *Schemes: supplementary*\n\n3) A staff transfer scheme, or property transfer scheme, may make supplementary, incidental, transitional and consequential provision. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/schedule/2",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/schedule/2",
    "legislation_id": "ukpga/2006/47",
    "title": "Transfers to ISA",
    "extent": [
      "England",
      "Wales",
      "Northern Ireland"
    ],
    "provision_type": "schedule",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 2,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088108Z",
    "text": "Section 23) **Controlled activity: regulations**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/23",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/23",
    "legislation_id": "ukpga/2006/47",
    "title": "Controlled activity: regulations",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 23,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088262Z",
    "text": "Section 62) **Transitional provision**\nSchedule 8 has effect. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/62",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/62",
    "legislation_id": "ukpga/2006/47",
    "title": "Transitional provision",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 62,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088239Z",
    "text": "Section 56) **Devolution: Wales**\n\n1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n2) If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to any function of the Welsh Ministers to which the provision applies, or would apply in consequence of the exercise of the power, the Secretary of State must not exercise the power without the consent of the Welsh Ministers— \n\ta) section 45(9) ; \n\tb) section 46(2); \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) section 48(7)  ... ; \n\te) section 49(7)  ... . \n3) If the exercise of a power to make subordinate legislation under any of the following provisions will have effect in relation to Wales, the Secretary of State must not exercise the power unless he first consults the Welsh Ministers— \n\ta) section 5(3); \n\tb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\td) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\te) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tf) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tg) section 35(1); \n\th) section 36(1), (2) or (3); \n\ti) section 37(2); \n\tj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tk) section 40(2); \n\tl) section 41(8) ; \n\tm) section 42(2); \n\tn) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\to) section 64(2); \n\tp) section 65; \n\tq) paragraph 1(1), 2(1), 7(1) or 8(1) of Schedule 3; \n\tr) paragraph 2(1)(f) or 7(1)(f) or (g) of Schedule 4; \n\ts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n\tt) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . \n4) A power to make subordinate legislation is a power to make regulations or an order. \n5) In the application of section 61 to the exercise of a power by the Welsh Ministers by virtue of this section— \n\ta) the reference in subsection (2) of that section to either House of Parliament must be taken to be a reference to the National Assembly for Wales; \n\tb) the reference in subsection (3) of that section to each House of Parliament must be taken to be a reference to the Assembly. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/56",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/56",
    "legislation_id": "ukpga/2006/47",
    "title": "Devolution: Wales",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 56,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088082Z",
    "text": "Section 16) **Exception to requirement to make monitoring check**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/16",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/16",
    "legislation_id": "ukpga/2006/47",
    "title": "Exception to requirement to make monitoring check",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 16,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088127Z",
    "text": "Section 27) **Prohibition of requirement to produce certain records**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/27",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/27",
    "legislation_id": "ukpga/2006/47",
    "title": "Prohibition of requirement to produce certain records",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 27,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088224Z",
    "text": "Section 52) **Referrals: findings of fact immaterial**\n\n1) For the purposes of the provisions mentioned in subsection (2), it is immaterial whether there is a finding of fact in any proceedings. \n2) The provisions are— \n\t- section 35(3)(b) and (c);\n\t- section 36(4)(b) and (c);\n\t- section 39(2)(b) and (c) and (5)(a);\n\t- section 41(2)(b) and (c) and (5)(a);\n\t- section 45(2)(b) and (c) and (5)(a).",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/52",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/52",
    "legislation_id": "ukpga/2006/47",
    "title": "Referrals: findings of fact immaterial",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 52,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088124Z",
    "text": "Section 26) **Ceasing monitoring**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/26",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/26",
    "legislation_id": "ukpga/2006/47",
    "title": "Ceasing monitoring",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 26,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088112Z",
    "text": "Section 24) **Monitoring**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/24",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/24",
    "legislation_id": "ukpga/2006/47",
    "title": "Monitoring",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 24,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088116Z",
    "text": "Section 24A) **Monitoring: power to prescribe additional fees**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/24A",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/24A",
    "legislation_id": "ukpga/2006/47",
    "title": "Monitoring: power to prescribe additional fees",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": null,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088078Z",
    "text": "Section 15) **Sections 13 and 14: checks**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/15",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/15",
    "legislation_id": "ukpga/2006/47",
    "title": "Sections 13 and 14: checks",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 15,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088265Z",
    "text": "Section 63) **Amendments and repeals**\n\n1) Schedule 9 contains amendments. \n2) Schedule 10 contains repeals. ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/63",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/63",
    "legislation_id": "ukpga/2006/47",
    "title": "Amendments and repeals",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 63,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  },
  {
    "created_at": "2026-02-20T07:33:53.088120Z",
    "text": "Section 25) **Monitoring: fees**\n. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ",
    "id": "http://www.legislation.gov.uk/id/ukpga/2006/47/section/25",
    "uri": "http://www.legislation.gov.uk/ukpga/2006/47/section/25",
    "legislation_id": "ukpga/2006/47",
    "title": "Monitoring: fees",
    "extent": [
      "United Kingdom"
    ],
    "provision_type": "section",
    "provenance_source": null,
    "provenance_model": null,
    "provenance_prompt_version": null,
    "provenance_timestamp": null,
    "provenance_response_id": null,
    "number": 25,
    "legislation_type": "ukpga",
    "legislation_year": 2006,
    "legislation_number": 47,
    "act_name": "Safeguarding Vulnerable Groups Act 2006"
  }
]