A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of a service or facility that is required to be provided under the National Health Service Act 2006 unless—
Regulations may specify—
A local authority may not meet needs under sections 18 to 20 by providing or arranging for the provision of nursing care by a registered nurse.
But a local authority may, despite the prohibitions in subsections (1) and (3), arrange for the provision of accommodation together with the provision of nursing care by a registered nurse if—
In a case to which subsection (4)(b) applies, as soon as is feasible after the temporary arrangements are made, the local authority must seek to obtain the consent mentioned in subsection (4)(a).
Regulations may require a local authority—
Nothing in this section affects what a local authority may do under the National Health Service Act 2006, including entering into arrangements under regulations under section 75 of that Act (arrangements with NHS bodies).
A reference to the provision of nursing care by a registered nurse is a reference to the provision by a registered nurse of a service involving—
other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to be provided by a registered nurse.
Where, in a case within subsection (4), NHS England has responsibility for arranging for the provision of the nursing care, the reference in paragraph (a) of that subsection to an integrated care board is to be read as a reference to NHS England.
For the purposes of its application in relation to the duty in section 2(1) (preventing needs for care and support), this section is to be read as if references to meeting needs under sections 18 to 20 were references to performing the duty under section 2(1).