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

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Inspections: supplementary.     30. - (1) A person authorised by virtue of section 29 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 29 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 29 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 29 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 29, 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.     31. - (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.     32. - (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.     33. - (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.     34. - (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.
Provision of copies of registers.     35. - (1) Subject to subsection (3), the registration authority shall secure that copies of any register kept for the purposes of this Part are available at its offices for inspection at all reasonable times by any person.
 
      (2) Subject to subsections (3) and (4), any person who asks the registration authority for a copy of, or of an extract from, a register kept for the purposes of this Part shall be entitled to have one.
 
      (3) Regulations may provide that subsections (1) and (2) shall not apply-
 
 
    (a) in such circumstances as may be prescribed; or
 
    (b) to such parts of a register as may be prescribed.
      (4) A fee determined by the registration authority shall be payable for the copy except-
 
 
    (a) in prescribed circumstances;
 
    (b) in any other case where the registration authority considers it appropriate to provide the copy free of charge.
 
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