UK Act of Parliament 2014 United Kingdom

Care Act 2014

An Act to make provision to reform the law relating to care and support for adults and the law relating to support for carers; to make provision about safeguarding adults from abuse or neglect; to make provision about care standards; to establish and make provision about Health Education England; to …

Read the Act on legislation.gov.uk (opens in a new tab)
Enforced by
CQC
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 1 of 33 obligations carry a fine up to £2,500. 1 carries different penalties and 31 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person3

Plus 30 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Care and support

26 of 82 sections shown
s.001 Promoting individual well-being (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must promote individual well-being in care decisionsLocal authority
s.004 Providing information and advice (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide care and support information and adviceLocal authority
s.005 Promoting diversity and quality in provision of services (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must ensure a diverse and high-quality care marketLocal authority
s.007 Co-operating in specific cases (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities and partners must cooperate in individual care casesLocal authority
s.013 The eligibility criteria (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must determine eligibility for care and supportLocal authority
s.024 The steps for the local authority to take (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must create support plans and provide clear care adviceLocal authority
s.025 Care and support plan, support plan (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must prepare and share care and support plansLocal authority
s.026 Personal budget (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide a personal budget statementLocal authority
s.027 Review of care and support plan or of support plan (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must review and update care and support plansLocal authority
s.030 Cases where adult expresses preference for particular accommodation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must accommodate an adult's preference for specific housingLocal authority
s.033 Direct payments: further provision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must administer and monitor direct care paymentsLocal authority
s.037 Notification, assessment, etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must coordinate care continuity for residents moving areasLocal authority
s.038 Case where assessments not complete on day of move (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain care and support during a moveLocal authority
s.042 Enquiry by local authority (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must investigate suspected adult abuse or neglectLocal authority
s.043 Safeguarding Adults Boards (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must establish Safeguarding Adults Boards (SABs)Local authority
s.044 Safeguarding adults reviews (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Safeguarding Adults Board must review cases of serious abuse or neglectLocal authority
s.045 Supply of information (opens in a new tab) Regulated
  • Supply information to the Safeguarding Adults Board if requestedAny Person
s.047 Protecting property of adults being cared for away from home (opens in a new tab) Prosecution
  • Obstructing a local authority protecting an adult's propertyAny Person

Fine up to £2,500

s.051 Temporary duty on Health and Social Care trust in Northern Ireland (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Health and Social Care trusts must provide emergency cover for failed providersLocal authority
s.052 Sections 48 to 51: supplementary (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must step in and manage care during business failuresLocal authority
s.055 Assessment of financial sustainability of care provider (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CQC must assess the financial sustainability of certain care providersStatutory regulator
s.056 Informing local authorities where failure of care provider likely (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CQC must warn local authorities and may request information from providersStatutory regulator
s.059 Child's needs assessment: requirements etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must carry out child's needs assessment and advise on adult careLocal authority
s.061 Child's carer's assessment: requirements etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must assess a child's carer's needs for future supportLocal authority
s.064 Young carer's assessment: requirements etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must assess young carers with post-18 needs and involve familyLocal authority
s.078 Guidance, etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consult and consider well-being before issuing guidanceCrown / Minister / Government department
56 other sections in this Part — procedural and definitional
s.002 Preventing needs for care and support (opens in a new tab)
s.003 Promoting integration of care and support with health services etc. (opens in a new tab)
s.006 Co-operating generally (opens in a new tab)
s.008 How to meet needs (opens in a new tab)
s.009 Assessment of an adult's needs for care and support (opens in a new tab)
s.010 Assessment of a carer's needs for support (opens in a new tab)
s.011 Refusal of assessment (opens in a new tab)
s.012 Assessments under sections 9 and 10: further provision (opens in a new tab)
s.014 Power of local authority to charge (opens in a new tab)
s.015 Cap on care costs (opens in a new tab)
s.016 Cap on care costs: annual adjustment (opens in a new tab)
s.017 Assessment of financial resources (opens in a new tab)
s.018 Duty to meet needs for care and support (opens in a new tab)
s.019 Power to meet needs for care and support (opens in a new tab)
s.020 Duty and power to meet a carer's needs for support (opens in a new tab)
s.021 Exception for persons subject to immigration control (opens in a new tab)
s.022 Exception for provision of health services (opens in a new tab)
s.023 Exception for provision of housing etc. (opens in a new tab)
s.028 Independent personal budget (opens in a new tab)
s.029 Care account (opens in a new tab)
s.031 Adults with capacity to request direct payments (opens in a new tab)
s.032 Adults without capacity to request direct payments (opens in a new tab)
s.034 Deferred payment agreements and loans (opens in a new tab)
s.035 Deferred payment agreements and loans: further provision (opens in a new tab)
s.036 Alternative financial arrangements (opens in a new tab)
s.039 Where a person's ordinary residence is (opens in a new tab)
s.040 Disputes about ordinary residence or continuity of care (opens in a new tab)
s.041 Financial adjustments between local authorities (opens in a new tab)
s.046 Abolition of local authority's power to remove persons in need of care (opens in a new tab)
s.048 Temporary duty on local authority (opens in a new tab)
s.049 Section 48: cross-border cases (opens in a new tab)
s.050 Temporary duty on local authority in Wales (opens in a new tab)
s.053 Specifying criteria for application of market oversight regime (opens in a new tab)
s.054 Determining whether criteria apply to care provider (opens in a new tab)
s.057 Sections 54 to 56: supplementary (opens in a new tab)
s.058 Assessment of a child's needs for care and support (opens in a new tab)
s.060 Assessment of a child's carer's needs for support (opens in a new tab)
s.062 Power to meet child's carer's needs for support (opens in a new tab)
s.063 Assessment of a young carer's needs for support (opens in a new tab)
s.065 Assessments under sections 58 to 64: further provision (opens in a new tab)
s.066 Continuity of services under other legislation (opens in a new tab)
s.067 Involvement in assessments, plans etc. (opens in a new tab)
s.068 Safeguarding enquiries and reviews (opens in a new tab)
s.069 Recovery of charges, interest etc. (opens in a new tab)
s.070 Transfer of assets to avoid charges (opens in a new tab)
s.071 Five-yearly review by Secretary of State (opens in a new tab)
s.072 Part 1 appeals (opens in a new tab)
s.072 Default power of Secretary of State
s.072 Default power of Secretary of State: supplementary
s.073 Human Rights Act 1998: provision of regulated care or support etc a public function (opens in a new tab)
s.074 Discharge of hospital patients with care and support needs (opens in a new tab)
s.075 After-care under the Mental Health Act 1983 (opens in a new tab)
s.076 Prisoners and persons in approved premises etc. (opens in a new tab)
s.077 Registers of sight-impaired adults, disabled adults, etc. (opens in a new tab)
s.079 Delegation of local authority functions (opens in a new tab)
s.080 Part 1: interpretation (opens in a new tab)
Part 2

Care standards

1 of 15 sections shown
s.092 Offence (opens in a new tab) Imprisonment
  • Provide false or misleading information to the CQCAny Person
14 other sections in this Part — procedural and definitional
s.081 Duty of candour (opens in a new tab)
s.082 Warning notice (opens in a new tab)
s.083 Imposition of licence conditions on NHS foundation trusts (opens in a new tab)
s.084 Trust special administration: appointment of administrator (opens in a new tab)
s.085 Trust special administration: objective, consultation and reports (opens in a new tab)
s.086 Restriction on applications for variation or removal of conditions (opens in a new tab)
s.087 Rights of appeal (opens in a new tab)
s.088 Unitary board (opens in a new tab)
s.089 Chief Inspectors (opens in a new tab)
s.090 Independence of the Care Quality Commission (opens in a new tab)
s.091 Reviews and performance assessments (opens in a new tab)
s.093 Penalties (opens in a new tab)
s.094 Offences by bodies (opens in a new tab)
s.095 Training for persons working in regulated activity (opens in a new tab)
Part 3

Health

22 of 25 sections shown
s.098 Ensuring sufficient skilled health care workers for the health service (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NHS England must ensure a sufficient skilled healthcare workforce in EnglandStatutory regulator
s.100 Objectives, priorities and outcomes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NHS England must publish and pursue education and training objectivesStatutory regulator

amended 15 times (opens in a new tab)

s.101 Sections 98 and 100: matters to which NHS England must have regard (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • NHS England must consider workforce supply and care integration when planningStatutory regulator

amended 7 times (opens in a new tab)

s.102 Advice (opens in a new tab)

amended 7 times (opens in a new tab)

s.103 Local Education and Training Boards (opens in a new tab)

amended 1 time (opens in a new tab)

s.104 LETBs: appointment etc. (opens in a new tab)

amended 14 times (opens in a new tab)

s.105 LETBs: co-operation by providers of health services (opens in a new tab)

amended 6 times (opens in a new tab)

s.106 Education and training plans (opens in a new tab)

amended 1 time (opens in a new tab)

s.107 Commissioning education and training (opens in a new tab)

amended 1 time (opens in a new tab)

s.108 Tariffs (opens in a new tab)

amended 3 times (opens in a new tab)

s.109 The Health Research Authority (opens in a new tab)

amended 3 times (opens in a new tab)

s.110 The HRA's functions (opens in a new tab)

amended 1 time (opens in a new tab)

s.111 Co-ordinating and promoting regulatory practice etc. (opens in a new tab)

amended 3 times (opens in a new tab)

s.112 The HRA's policy on research ethics committees (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HRA must publish and enforce ethics standards for research committeesStatutory regulator

amended 1 time (opens in a new tab)

s.113 Approval of research (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HRA must publish guidance on ethics approvals for health and social care researchStatutory regulator

amended 1 time (opens in a new tab)

s.114 Recognition by the HRA (opens in a new tab)

amended 1 time (opens in a new tab)

s.115 Establishment by the HRA (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • HRA must establish and oversee research ethics committeesStatutory regulator

amended 1 time (opens in a new tab)

s.116 Membership of the United Kingdom Ethics Committee Authority (opens in a new tab)

amended 1 time (opens in a new tab)

s.117 Approval for processing confidential patient information (opens in a new tab)

amended 1 time (opens in a new tab)

s.118 Transfer orders (opens in a new tab)

amended 2 times (opens in a new tab)

s.119 Chapters 1 and 2: interpretation and supplementary provision (opens in a new tab)

amended 6 times (opens in a new tab)

s.120 Powers of administrator etc. (opens in a new tab)

amended 1 time (opens in a new tab)

3 other sections in this Part — procedural and definitional
s.096 Health Education England (opens in a new tab)
s.097 Planning education and training for health care workers etc. (opens in a new tab)
s.099 Quality improvement in education and training, etc. (opens in a new tab)
Part 4

Health and social care

2 of 2 sections shown
s.121 Integration of care and support with health services etc: integration fund (opens in a new tab)

amended 1 time (opens in a new tab)

s.122 The Health and Social Care Information Centre: restrictions on dissemination of information (opens in a new tab)

amended 5 times (opens in a new tab)

Part 5

General

3 of 7 sections shown
s.125 Regulations and orders (opens in a new tab)

amended 2 times (opens in a new tab)

s.126 General interpretation (opens in a new tab)

amended 1 time (opens in a new tab)

s.128 Extent and application (opens in a new tab)

amended 1 time (opens in a new tab)

4 other sections in this Part — procedural and definitional
s.123 Power to make consequential provision (opens in a new tab)
s.124 Power to make transitional etc. provision (opens in a new tab)
s.127 Commencement (opens in a new tab)
s.129 Short title (opens in a new tab)
Schedules

Schedules

0 of 114 shown
114 other schedules
s.004 Direct payments: after-care under the Mental Health Act 1983 (opens in a new tab)
s.005 Health Education England (opens in a new tab)
s.sch001 Cross-border placements (opens in a new tab)
s.sch001 (1) Where a local authority in England is meeting an...
s.sch001 (1) Regulations may provide for this Schedule to apply, with...
s.sch001 Regulations under this Schedule— (a) if they include provision relating...
s.sch001 (1) This paragraph applies for the purposes of this Schedule....
s.sch001 In section 194 of the Social Services and Well-being (Wales)...
s.sch001 (1) Pending the commencement of Part 4 of the Social...
s.sch001 (1) Where a local authority in Wales is discharging its...
s.sch001 (1) Where a local authority in Scotland is discharging its...
s.sch001 (1) Where there are arrangements under Article 15 of the...
s.sch001 (1) Any dispute about the application of any of paragraphs...
s.sch001 (1) This paragraph applies where— (a) an adult has been...
s.sch001 (1) In section 86 of the Social Work (Scotland) Act...
s.sch001 (1) In a case where, as a result of this...
s.sch001 (1) Regulations may provide for this Schedule to apply, with...
s.sch002 Safeguarding Adults Boards (opens in a new tab)
s.sch002 (1) The members of an SAB are—
s.sch002 (1) A member of an SAB listed in paragraph 1(1)...
s.sch002 (1) An SAB must publish for each financial year a...
s.sch002 (1) As soon as is feasible after the end of...
s.sch003 Discharge of hospital patients with care and support needs (opens in a new tab)
s.sch003 (1) Where the NHS body responsible for a hospital patient...
s.sch003 (1) The NHS body responsible for a hospital patient, having...
s.sch003 (1) The relevant authority, having received an assessment notice and...
s.sch003 (1) If the relevant authority, having received an assessment notice...
s.sch003 (1) An NHS body may make arrangements with any person...
s.sch003 (1) Regulations may modify, or otherwise make provision about, the...
s.sch003 (1) A hospital patient is a person ordinarily resident in...
s.sch003 Regulations may— (a) specify the form and content of an...
s.sch004 (1) Sections 31 (adults with capacity to request direct payments),...
s.sch004 SCHEDULE A1 Direct payments: after-care under the Mental Health Act...
s.sch005 (1) HEE consists of— (a) a chair appointed by the...
s.sch005 (1) HEE may regulate its own procedure.
s.sch005 (1) The application of HEE's seal must be authenticated by...
s.sch005 (1) HEE is not to be regarded as a servant...
s.sch005 (1) HEE must exercise its functions effectively, efficiently and economically....
s.sch005 (1) HEE may provide help or advice to another public...
s.sch005 (1) HEE must, in the exercise of its functions, co-operate...
s.sch005 In section 9(4) of the National Health Service Act 2006...
s.sch005 (1) HEE may arrange with a devolved authority for HEE—...
s.sch005 (1) If the Secretary of State considers that HEE is...
s.sch005 (1) The Secretary of State must pay HEE for each...
s.sch005 (1) The members of HEE must include persons who have...
s.sch005 (1) HEE must ensure that total expenditure attributable to its...
s.sch005 Where HEE generates income from carrying out activities for the...
s.sch005 (1) HEE must ensure that— (a) its use of capital...
s.sch005 (1) The Secretary of State may direct HEE to ensure...
s.sch005 (1) Section 265 of the Public Health Act 1875 (which...
s.sch005 (1) HEE must keep— (a) proper accounts, and
s.sch005 (1) HEE must prepare consolidated annual accounts for each financial...
s.sch005 (1) The Secretary of State may, with the approval of...
s.sch005 (1) As soon as is feasible after the end of...
s.sch005 In Part 2 of the Table in Schedule 1 to...
s.sch005 (1) A person holds office as a non-executive member of...
s.sch005 In the Schedule to the Public Bodies (Admission to Meetings)...
s.sch005 In Schedule 2 to the Parliamentary Commissioner Act 1967, at...
s.sch005 In Part 2 of Schedule 1 to the House of...
s.sch005 In section 48(6) of the Copyright, Designs and Patents Act...
s.sch005 In Part 3 of Schedule 1 to the Freedom of...
s.sch005 In Part 1 of Schedule 19 to the Equality Act...
s.sch005 (1) Having decided to suspend a person under paragraph 3(6),...
s.sch005 (1) Where a person is suspended from office as the...
s.sch005 (1) HEE must pay its non-executive members such remuneration as...
s.sch005 (1) Each executive member of HEE is appointed as an...
s.sch005 (1) HEE must pay its employees such remuneration as it...
s.sch005 (1) HEE may appoint committees and sub-committees.
s.sch006 Local Education and Training Boards (opens in a new tab)
s.sch006 (1) HEE must ensure that the areas of LETBs—
s.sch006 (1) HEE must, whenever it considers appropriate, assess—
s.sch006 (1) HEE must publish the appointment criteria; but before doing...
s.sch006 (1) Regulations may— (a) give LETBs additional functions relating to...
s.sch007 The Health Research Authority (opens in a new tab)
s.sch007 (1) The HRA consists of— (a) a chair appointed by...
s.sch007 (1) The HRA may regulate its own procedure.
s.sch007 (1) The application of the HRA's seal must be authenticated...
s.sch007 (1) The HRA is not to be regarded as a...
s.sch007 (1) The HRA must exercise its functions effectively, efficiently and...
s.sch007 (1) The HRA may provide help or advice to another...
s.sch007 (1) The HRA may arrange with a devolved authority for...
s.sch007 (1) If the Secretary of State considers that the HRA...
s.sch007 The Secretary of State may, with the consent of the...
s.sch007 (1) Regulations may require payment of a fee in relation...
s.sch007 (1) The HRA must keep accounts in such form as...
s.sch007 (1) A person holds office as a non-executive member of...
s.sch007 (1) As soon as is feasible after the end of...
s.sch007 In Part 2 of the Table in Schedule 1 to...
s.sch007 In the Schedule to the Public Bodies (Admission to Meetings)...
s.sch007 In Schedule 2 to the Parliamentary Commissioner Act 1967, at...
s.sch007 In Part 2 of Schedule 1 to the House of...
s.sch007 In section 48(6) of the Copyright, Designs and Patents Act...
s.sch007 In Part 6 of Schedule 1 to the Freedom of...
s.sch007 In Part 1 of Schedule 19 to the Equality Act...
s.sch007 (1) Having decided to suspend a person under paragraph 2(6),...
s.sch007 (1) Where a person is suspended from office as the...
s.sch007 (1) The HRA must pay its non-executive members such remuneration...
s.sch007 (1) Each executive member of the HRA is appointed as...
s.sch007 (1) The HRA must pay its employees such remuneration as...
s.sch007 (1) The HRA must appoint a committee for the purpose...
s.sch007 Regulations may provide for the committee appointed under paragraph 8(1)...
s.sch008 Research ethics committees: amendments (opens in a new tab)
s.sch008 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations...
s.sch008 In regulation 2 of the Mental Capacity 2005 (Appropriate Body)...
s.sch008 In regulation 2(1) of the Human Fertilisation and Embryology (Disclosure...
s.sch008 In regulation 25 of the Independent Health Care (Wales) Regulations...
s.sch008 In regulation 2(1) of the Ionising Radiation (Medical Exposure) Regulations...
s.sch008 In regulation 1(2) of the Health Service (Control of Patient...
s.sch008 In regulation 2(1) of the Nursing Homes Regulations (Northern Ireland)...
s.sch008 In regulation 2(1) of the Residential Care Homes Regulations (Northern...
s.sch008 In regulation 2(1) of the Independent Health Care Regulations (Northern...
s.sch008 In article 1(2) of the Approval of Research on Organs...
s.sch008 In regulation 1(2) of the Human Tissue Act 2004 (Ethical...
s.sch008 In regulation 2 of the Mental Capacity Act 2005 (Appropriate...

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Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.