Care Standards Bill [H.L.] - continued        House of Lords
PART II, ESTABLISHMENTS AND AGENCIES - continued
Offences - continued

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Offences by bodies corporate.     27. - (1) This section applies where any offence under this Part or regulations made under it is committed by a body corporate.
 
      (2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
 
 
    (a) any director, manager, or secretary of the body corporate; or
 
    (b) any person who was purporting to act in any such capacity,
  he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
 
      (3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference-
 
 
    (a) to any other similar officer of the body; and
 
    (b) where the body is a local authority, to any officer of the authority.
 
Miscellaneous and supplemental
Inspections by persons authorised by registration authority.     28. - (1) The registration authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part.
 
      (2) A person authorised by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.
 
      (3) A person authorised by virtue of this section to enter and inspect premises may-
 
 
    (a) make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;
 
    (b) inspect and take copies of any records (other than medical records) required to be kept in accordance with regulations under this Part, section 9(2) of the Adoption Act 1976, section 23(2)(a) or 59(2) of the 1989 Act or section 1(3) of the Adoption (Intercountry Aspects) Act 1999;
 
    (c) where those records are kept by means of a computer, require the records to be produced in a form in which they can be taken away;
 
    (d) interview the manager or the person carrying on the establishment or agency;
 
    (e) interview in private any person employed there;
 
    (f) interview in private any patient or person accommodated or cared for there who consents to be interviewed.
      (4) Subsection (5) applies where the premises in question are used as an establishment and the person so authorised-
 
 
    (a) is a medical practitioner or registered nurse; and
 
    (b) has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.
      (5) The person so authorised may, with the consent of the person mentioned in subsection (4)(b), examine him in private and inspect any medical records relating to his treatment in the establishment.
 
      (6) The Secretary of State may by regulations require the Commission to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.
 
      (7) A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.
 
      (8) Any person who-
 
 
    (a) intentionally obstructs the exercise of any power conferred by this section or section 29; or
 
    (b) fails without a reasonable excuse to comply with any requirement under this section or that section,
  shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
 
Inspections: supplementary.     29. - (1) A person authorised by virtue of section 28 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part.
 
      (2) A person so authorised-
 
 
    (a) may require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under section 28 or this section;
 
    (b) may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
      (3) A person authorised by virtue of section 28 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with the records in question.
 
      (4) The references in section 28 to the person carrying on the establishment or agency include, in the case of an establishment or agency which is carried on by a company, a reference to any director, manager, secretary or other similar officer of the company.
 
      (5) Where any premises which are used as an establishment or for the purposes of an agency have been inspected under section 28, the registration authority-
 
 
    (a) shall prepare a report on the matters inspected; and
 
    (b) shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.
      (6) The registration authority shall make copies of any report prepared under subsection (5) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.
 
      (7) Any person who asks the registration authority for a copy of a report prepared under subsection (5) shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.
 
      (8) Where the Secretary of State has specified regions in a direction made under paragraph 9 of Schedule 1, the reference in subsection (6) to offices is, in relation to premises in England which are used as an establishment or for the purposes of an agency, a reference to the Commission's offices for the region in which the premises are situated.
 
Arrangements which may only be made with a registered person.     30. - (1) No local authority or National Health Service body may arrange for a relevant function to be discharged by another person unless that person-
 
 
    (a) carries on an undertaking; and
 
    (b) is registered in respect of it as a domiciliary care agency.
      (2) In this section "relevant function" means a function of providing, or arranging the provision of, personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance.
 
Annual returns.     31. - (1) Regulations may require the person carrying on an establishment or agency to make an annual return to the registration authority.
 
      (2) Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.
 
Liquidators etc.     32. - (1) Regulations may-
 
 
    (a) require any person to whom this section applies to give notice of his appointment to the registration authority;
 
    (b) require any person to whom this section applies to appoint a person to manage the establishment or agency in question.
      (2) This section applies to any person appointed as-
 
 
    (a) a receiver or manager of the property of a relevant company;
 
    (b) the liquidator or provisional liquidator of a relevant company; or
 
    (c) the trustee in bankruptcy of a relevant individual.
      (3) In this section-
 
 
    "company" includes a partnership;
 
    "relevant company" means a company which is registered under this Part in respect of an establishment or agency; and
 
    "relevant individual" means an individual who is registered under this Part in respect of an establishment or agency.
Death of registered person.     33. - (1) Regulations may-
 
 
    (a) provide for the provisions of this Part to apply with prescribed modifications in cases where a person who was the only person registered under this Part in respect of an establishment or agency has died;
 
    (b) require the personal representatives of a deceased person who was registered in respect of an establishment or agency to notify the registration authority of his death.
      (2) Regulations under subsection (1)(a) may in particular-
 
 
    (a) provide for the establishment or agency to be carried on for a prescribed period by a person who is not registered in respect of it; and
 
    (b) include provision for the prescribed period to be extended by such further period as the registration authority may allow.
 
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Prepared 3 December 1999