legislations Flashcards

1
Q

The Care Act 2014

A
  • Sets out responsibilities of local authorities for assessing:
    ~ a person’s care needs
    ~ what support can be provided
    ~ protecting adults at risk of abuse
    ~ supporting the transition of young people to adult care
  • It is designed to promote the individual’s independence and wellbeing
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2
Q

The Children Act 2004

A
  • Overall, this Act makes the UK a safer place for children
  • Includes introduction of the national Children’s Commissioner
  • Local authorities having to appoint a director of children’s services in their area
  • Everyone who works with children has a responsibility for and promoting each child’s well being and safeguarding
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3
Q

The Children and Families Act 2014

A
  • Designed to better protect and support vulnerable children and their families
  • Includes requiring schools to provide better medical support and free school lunches to infant school pupil
  • Shared parental leave
  • Reforms for children in care such as being able to stay with their foster family until their 21st birthday
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4
Q

The Civil Contingencies Act 2004

A
  • In the event of a national or local crisis that affects human life, health and/or availability of essential supplies and services the Government can take charge and enforce emergency measures to protect communities
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5
Q

The Control of Substances Hazardous to Health (COSHH) 2002

A
  • Substances such as chemicals, biological agents, dusts, vapours and gases that may be harmful to human health need to be tightly managed and used to prevent anyone coming to harm
  • This includes how the substance is stored used and disposed of
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6
Q

The Data of Protection Act 2018

A
  • All organisations and individuals who work with personal data must follow 6 data protection principles
  • This includes:
    ~ using information fairly
    ~ used transparently
    ~ used only as necessary
  • It also requires that data is kept secure and accurate including deleted when no longer necessary
  • A 7th principle requires that organisations have an individual who is the ‘data controller’
  • The Data Protection Act 2018 is the UK’s implementation of The General Data Protection Regulation (GDPR)
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7
Q

The Deprivation of Liberty Safeguards (DoLS)

A
  • An amendment to The Mental Capacity Act 2005 ~ DoLS are measures taken if restrictions and restraints used under the Mental Capacity Act will instead take away the individual’s freedom
  • The individual must be staying in a care home or hospital and practitioners must ask their local authority to authorise the restrictions
  • DoLS include an appropriate person being appointed to represent the individual, review and appeal of the deprivation of liberty at any time and access to an independent mental capacity advocate
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8
Q

The Equality Act 2010

A
- States 9 protected characteristics that employers and organisations must not discriminate against:
~ Age 
~ Disability 
~ Race 
~ Sex
~ Gender reassignment 
~ Sexual orientation
~ Religion and belief 
~ Marriage and civil partnership 
~ Pregnancy and maternity
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9
Q

The Food Safety Act 1990

A
  • Applying to all food businesses they are not permitted to include, remove or treat food in any way that could be harmful to human health
  • Food must be labelled, presented and sold transparently to meet consumer expectations (can’t lie on the label)
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10
Q

The Food Safety (General Food Hygiene) Regulations 1995

A
  • Specifies requirements for food premises regarding standards and cleaning of kitchen surfaces/furnishings, ventilation and availability of toilets and washbasins
  • It also sets out rules around food waste, personal hygiene of staff
  • Employers ensure food handlers are appropriately supervised or trained in food hygiene
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11
Q

The General Data Protection Regulation 2018

A
  • This is the EU’s requirement for data protection which applies to all EU countries as well as all organisations who hold any data on any EU citizens
  • It is the regulation that requires the UK to have the Data Protection Act 2018 and therefore is superior
  • GDPR protects us on a much bigger scale because it also includes online markers, location data and genetic information within its definition of ‘personal data’
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12
Q

The Health and Safety at Work Act 1974

A
  • Everyone is responsible for everybody else’s health and safety in the workplace
  • This includes:
    ~ ensuring that all staff are appropriately trained
    ~ welfare facilities are provided
    ~ the working environment is safe and maintained
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13
Q

The Health and Social Care Act 2008

A
  • This allowed for the creation and development of the Care Quality Commission
  • It permitted the Public Health (Control of Disease) Act 1984 to repeal certain sections
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14
Q

The Human Rights Act 1998

A

The UK’s implementation of the EU Convention on Human Rights. This applies to every citizen in the UK and includes ‘articles’ that set out an individual’s human rights. Examples include: right to life, freedom from torture, inhumane or degrading treatment, and right to a private and family life.

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15
Q

The Management of Health and Safety at Work Regulations Act 1999

A

Employers must carry out risk assessments to manage hazards in their workplace as well as take steps to manage these risks and ensure that all staff are appropriately trained to work in the setting.

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16
Q

The Manual Handling Operations Regulations Act 1992

A

Employers are legally required to assess the risk to their employees from manual handling, including lifting, lowering, pushing and pulling

17
Q

The Mental Capacity Act 2005

A

Designed to empower and protect vulnerable people (aged 16 years and over) who lack capacity to make their own decisions about day-to-day life, their care and treatment. You must assume that an individual has the capacity to make their own decision until proven otherwise

18
Q

The Health and Protection (Notification) Regulations 2010

A

Doctors are legally required to inform their local authority if they suspect their patient has a notifiable disease an infection that could have a wider community impact or is contaminated by something that could harm community health. This also applies to people who have died.

19
Q

The Health and Social Care Act 2012

A

No decision about me without me

Health and wellbeing boards - NHS and local authorities improve health and reduce inequalities

Public health - local council now have a responsibility for public health and population health improvement, focus on prevention for things such as smoking, obesity and vaccinations

Healthwatch - communicating the views of the patients to the commissioning bodies and regulators

Clinical commissioning group

20
Q

The Mental Health Act 1983

A

This is the main legislation which covers the assessment, treatment and rights if an individual with a mental health disorder.
It is the law that allows for someone to be sectioned and treated without their consent.

21
Q

The Mental Health Act 2007

A

Changes and updates were made to the previous legislation which include creating the role of approved mental health professionals a new definition of ‘mental disorder’ and the introduction of independent mental health advocates.

22
Q

The NHS and Community Care Act 1990

A

NHS trusts = established which gave them responsibility for financial income, spending and providing hospital services.
It also requires local authorities to carry out assessments of older people and those disabilities to see what care can be provided to keep them in the community including availability of residential/domiciliary care

23
Q

The Police and Criminal Evidence Act 1984

A

This Act brings together the investigative powers of the police, including arrest, detention, interrogation, entry, searching and collecting samples.

24
Q

The Public Health Act 1848

A

This was the 1st legislation focused in improving the nation’s health. It was targeted at better sanitary and hygiene standards in particular. However, local authorities didn’t have to do this if they chose not to.

25
Q

The Public Health Act 1936

A

Rules around sewerage and sanitary conditions in communal areas and districts were tightened. It includes regulations for building, maintaining and disposing of buildings and products of public toilets, cesspits, sewers and drains.

This Act also permits local authorities to charge people for use of public toilets - hence the phrase ‘spend a penny’

It makes the wilful/neglectful ‘blocking’ of public toilets a criminal offence which is punishable by fine

It also prevents women from returning to work in factories within 4 weeks of giving birth

26
Q

The Public Health Act 1961

A

Provides local authorities with powers to deal with sanitary and hygiene problems that occur on private property but the landowner has not/can not fix. This includes drains, rubbish and vermin

27
Q

The Public Health (Control of Disease) Act 1984

A

This Act originally set regulations for controlling the spread of notifiable diseases including for public transport, children, library books and shared accommodation. Today it only covers shipping vessels, trains and aircraft.

The Act also gives the Government the power to impose regulations to help control the spread of disease including detaining and treating individuals and contaminated objects without consent

28
Q

The Public Health (Infectious Diseases) Regulations 1988

A

This allows for the detention of an individual diagnosed with AIDS if it is believed that they would not personally take steps to prevent the spread of the disease.

It also requires that any confirmed or suspected case of specific diseases are reported to the Chief Medical Officer

29
Q

Public Interest Disclosure Act 1998

A

The ‘whistleblowing’ Act - this protects employees who make truthful public revelations about employer/organisational wrongdoing for the wider benefit of society. It makes it illegal for these employees to be victimised.

30
Q

Rehabilitation of Offenders Act

A

This allows for most convictions and all cautions, reprimands and final warnings to be considered ‘spent’ after a specified period of time. It means that these individuals have the legal right not to disclose their criminal history when applying for certain jobs. This Act doesn’t typically apply to jobs working with children and vulnerable people and legal services

31
Q

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)

A

Employers are legally required to report certain workplace incidents to the Health and Safety Executive. This includes any workplace injury that results in more than 7 consecutive days off work, occupational diseases and any near-miss accidents

32
Q

Safeguarding Vulnerable Groups Act 2006

A

Designed to help avoid actual or risk of harm of children and vulnerable adults, this Act filters out people who are deemed unsuitable to work with them. It is the legislation that underpins the work of the Disclosure and Barring Service

33
Q

The Sanitary Act 1866

A

This Act made legal what the Public Health Act 1848 hadn’t - local authorities were now legally required to improve sanitary conditions and public health nuisances in their area. This included ensuring that all houses were connected to a main sewer and overcrowding of homes was illegal. The Government has the legal right to intervene if a local authority didn’t

34
Q

Section 3 Criminal Law Act 1967 Common Law

A

An individual may use reasonable force to prevent a crime or lawfully arrest an offender, suspected offender or escaped detainee

35
Q

The Smoking Ban 2007

A

Part of the Health Act 2006 the ban prohibited smoking in enclosed and substantially enclosed areas including workplaces and public facilities

36
Q

The Smoking Ban in Cars Regulations 2015

A

Smoking is forbidden in cars/vehicles when also occupied by a child. This includes even if the windows sunroof or air conditioning are ventilating the vehicle

37
Q

The Suicide Act 1961

A

This Act decriminalised suicide. However it retains assisting or encouraging suicide as a crime