- Latest available (Revised)
- Point in Time (11/11/2004)
- Original (As enacted)
Version Superseded: 01/04/2005
Point in time view as at 11/11/2004.
National Health Service and Community Care Act 1990, Cross Heading: Funding, audit and liabilities is up to date with all changes known to be in force on or before 02 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1S. 19 repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)In section 98 of the principal Act (accounts and audit),—
(a)in subsection (1), in the words following paragraph (e) for the words from “appointed” to “Comptroller” there shall be substituted “appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales and the Comptroller”;
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2S. 20(1)(3)-(8) repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5
F3S. 20(2)(b) repealed (1.10.1999 for E. and 1.4.2000 for W.) by 1999 c. 8, ss. 65(2), Sch. 4 para. 83(6), Sch. 5; S.I. 1999/2540, art. 2(1)(a), Sch. 1; S.I. 2000/1041, art. 2(d), Sch.
F4S. 20(2)(c)(d) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 para. 6)
(1)The Secretary of State may by regulations made with the consent of the Treasury establish a scheme whereby any of the bodies specified in subsection (2) below may make provision to meet—
(a)expenses arising from any loss of or damage to their property; and
(b)liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies concerned.
(2)The bodies referred to in subsection (1) above are—
[F5(za)Strategic Health Authorities;]
[F6(a)Health Authorities;
(aa)Special Health Authorities;]
[F7(aaa)Primary Care Trusts;]
[F8(aab)Local Health Boards;]
(b)NHS trusts;
[F9(ba)NHS foundation trusts;]
[F10(bb)the [F11Commission for Healthcare Audit and Inspection]];and
(c)the Public Health Laboratory Service Board;
but a scheme under this section may limit the class or description of bodies which are eligible to participate in it.
(3)Without prejudice to the generality of the power conferred by subsection (1) above, a scheme under this section may—
(a)provide for the scheme to be administered by the Secretary of State or by a [F12Strategic Health Authority,][F13Health Authority, Special Health Authority,][F14Primary Care Trust][F15, NHS trust or NHS foundation trust] specified in the scheme;
(b)require any body which participates in the scheme to make payments in accordance with the scheme; and
(c)provide for the making of payments for the purposes of the scheme by the Secretary of State.
(4)Without prejudice to any other power of direction conferred on the Secretary of State,—
(a)if the Secretary of State so directs, a body which is eligible to participate in a scheme shall do so; and
(b)where a scheme provides for it to be administered by the Secretary of State, a [F12Strategic Health Authority,][F13Health Authority, Special Health Authority,][F14Primary Care Trust][F15, NHS trust or NHS foundation trust] shall carry out such functions in connection with the administration of the scheme by the Secretary of State as he may direct.
[F16but the Secretary of State may not make a direction under paragraph (a) above in relation to an NHS foundation trust]
[F17F18(5)A person or body administering a scheme under this section does not require permission under any provision of the Financial Services and Markets Act 2000 as respects activities carried out under the scheme.]
Textual Amendments
F5S. 21(2)(za) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 43(a); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F6S. 21(2)(a)(aa) substituted (1.4.1996 subject to s. 8 of the amending Act) for s. 21(2)(a) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(a) (with Sch. 2 paras. 6, 16)
F7S. 21(2)(aaa) inserted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65(1), 67(1), Sch. 4 paras. 74, 81(1)(2)(a); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, arts. 1(1)(2), Sch. 1 Pt. 2 para. 6(b)
F8S. 21(2)(aab) inserted (10.10.2002 for W. and otherwise in force immediately before the National Health Service Act 2006 (c. 41) (which Act came into force on 1.3.2007 in accordance with s. 227(1) (subject to s. 277(2)-(5) of that Act))) by 2002 c. 17, ss. 6(2), 42(3), Sch. 5 para. 33; S.I. 2002/2532, art. 2, Sch; S.I. 2006/1407, arts. 1(1), 2, Sch. 1 Pt. 2 {para. 12(c)}
F9S. 21(2)(ba) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 84(a); S.I. 2004/759, art. 2
F10S. 21(2)(bb) inserted (1.11.1999) by 1999 c. 8, s. 65, Sch. 4 paras. 74, 81(1)(2)(b); S.I. 1999/2793, art. 2(1)(b), Sch 2
F11Words in s. 21(2)(bb) substituted (11.11.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004 (S.I. 2004/2987), art. 2(1)(c)
F12Words in s. 21(3)(4) inserted (1.10.2002) by 2002 c. 17, s. 1(3), Sch. 1 Pt. 2 para. 43(b); S.I. 2002/2478, art. 3(1)(d) (with art. 3(3) and transitional provision in art. 4)
F13Words in s. 21(3)(a)(4)(b)(5) substituted (1.4.1996 subject to s. 8 of the amending Act) by 1995 c. 17, s. 2(1)(3), Sch. 1 Pt. II para. 79(b) (with Sch. 2 paras. 6, 16)
F14Words in s. 21(3)-(5) inserted (4.1.2000 for E. and otherwise in force immediately before the National Health Service Act 2006 (which Act came into force on 1.3.2007 in accordance with s. 277(1) (subject to s. 277(2)-(5)) of that Act))) by the Health Act 1999 (c. 8), ss. 65(1), 67(1), Sch. 4 paras. 74, 81(1)(3); S.I. 1999/2342, art. 2(3)(a), Sch. 2; S.I. 2006/1407, arts. 1(1)(2), Sch. 1 Pt. 2 {para. 6(b)}
F15Words in s. 21(3)(a)(4)(b) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 84(b); S.I. 2004/759, art. 2
F16Words in s. 21(4) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 84(c); S.I. 2004/759, art. 2
F17S. 21(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 319
F18By Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199(1), Sch. 4 para. 84(d); S.I. 2004/759, art. 2 it is provided that the words ", NHS trust or NHS foundation trust" be substituted in s. 21(5) for the words "or NHS trust" (the latter words were superseded (1.12.2001) by reason of the substitution of s. 21(5) by The Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 (S.I. 2001/3649), art. 319)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: