Commentary on Sections Supplemental Section 14: Power to extend the application of Part 1 to NHS patients in care homes
51.Sections 1 to 13 of the Act concern hospital patients. The order-making power in section 14 allows similar provision to be made in respect of certain patients in care homes. To be a “qualifying care home patient”, a patient will have to be receiving care of a prescribed description. Subsection (4) limits this prescribed care to types of care prescribed under section 1 (i.e. care received in hospital).
52.The intention of this section is to ensure that, if the Act is extended to include patients receiving intermediate care, patients receiving intermediate care in a care home setting are within the scope of Part 1, as well as those receiving intermediate care in a hospital. An individual will not come within the scope of an order made under section 11 if they are receiving services which are only provided in a care home.