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Section 73: Human Rights Act 1998: provision of regulated care or support etc a public function

Care Act 2014 · 2014 c. 23View on legislation.gov.uk

Part 1: Care and support

The provider is to be taken for the purposes of section 6(3)(b) of the Human Rights Act 1998 (acts of public authorities) to be exercising a function of a public nature in providing the care or support, if the requirements of subsection (3) are met.

The requirements are that—

the care or support is arranged by an authority listed in column 1 of the Table below, or paid for (directly or indirectly, and in whole or in part) by such an authority, and
the authority arranges or pays for the care or support under a provision listed in the corresponding entry in column 2 of the Table.

In this section—

  • "local authority in England" means a local authority for the purposes of this Part;

  • "local authority in Wales" means a local authority for the purposes of the Social Services and Well-being (Wales) Act 2014;

  • "local authority in Scotland" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

  • "nursing care", for England, Wales and Northern Ireland, has the same meaning as in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;

  • "personal care"—

    (a)for England, Wales and Northern Ireland, has the same meaning as in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010, as amended from time to time;

    (b)for Scotland, has the same meaning as in Part 5 of the Public Services Reform (Scotland) Act 2010, as amended from time to time.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.