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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 9 — Part 2: minor and consequential amendments

    142

 

              (8)                Those bodies are—

                    (a)                   any Primary Care Trust;

                    (b)                   any Strategic Health Authority;

                    (c)                   any NHS trust (within the meaning of the National Health

Service Act 1977) all or most of whose hospitals,

5

establishments and facilities are situated in England.”

          (7)      In section 34(6), after paragraph (b) insert—

                    “(ba)                      in the case of a study which has a connection with any

English local authority social service (within the meaning of

Part 2 of the Health and Social Care (Community Health and

10

Standards) Act 2003), the Commission for Social Care

Inspection;

                    (bb)                      in the case of a study which has a connection with any Welsh

local authority social service (within the meaning of that Part

of that Act), the National Assembly for Wales;”.

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          (8)      In section 35 (studies at request of bodies subject to audit), at the end insert—

              “(4)                This section does not apply in relation to the bodies specified in

section 33(8).”

          (9)      For section 37 substitute—

       “37            Assistance to CHAI and CSCI

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              (1)             The Audit Commission may provide assistance to the Commission

for Healthcare Audit and Inspection or the Commission for Social

Care Inspection in the discharge of any of their functions under

Chapter 3 or 5 of Part 2 of the Health and Social Care (Community

Health and Standards) Act 2003.

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              (2)             Assistance under subsection (1) may be provided on such terms,

including terms as to payment, as the Audit Commission and the

Commission in question may agree.”

          (10)     In section 49(1)—

              (a)             after paragraph (b) insert—

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                           “(ba)                             to the Commission for Social Care Inspection for the

purposes of its functions under Chapter 5 of Part 2of

the Health and Social Care (Community Health and

Standards) Act 2003;

                           (bb)                             to the National Assembly for Wales for the purposes

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of its functions under Chapter 4 of that Part of that

Act;”,

              (b)             in paragraph (c), at the end insert “or for the purposes of the

functions of the Commission for Healthcare Audit and Inspection

under Chapter 3 of Part 2 of the Health and Social Care (Community

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Health and Standards) Act 2003”.

Government of Wales Act 1998 (c. 38)

  11       In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A

substitute—

          “12A.                  The Commission for Healthcare Audit and Inspection.”

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Health and Social Care (Community Health and Standards) Bill
Schedule 9 — Part 2: minor and consequential amendments

    143

 

Protection of Children Act 1999 (c. 14)

  12       In section 2A of the Protection of Children Act 1999, in subsection (2), for

paragraph (a) substitute—

                    “(a)                      the Commission for Social Care Inspection;

                    (aa)                      the Commission for Healthcare Audit and Inspection;”.

5

Local Government Act 1999 (c. 27)

  13       In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g)

substitute—

                    “(e)                      the Commission for Social Care Inspection;”.

Care Standards Act 2000 (c. 14)

10

  14       The Care Standards Act 2000 has effect subject to the following

amendments.

  15       In section 5, in paragraph (a), for “the National Care Standards Commission”

substitute—

                           “(i)                             the CHAI, in the case of independent hospitals,

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independent clinics and independent medical

agencies;

                           (ii)                             the CSCI, in the case of children’s homes, care homes,

residential family centres, domiciliary care agencies,

nurses agencies, fostering agencies, voluntary

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adoption agencies and adoption support agencies;”.

  16      (1)      Section 8 is amended as follows.

          (2)      In subsection (3), for the words from “section 7” to “Commission” substitute

“section 5A or 5B is exercisable by the CHAI or the CSCI”.

          (3)      At the end insert—

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              “(6)                In this section, “Part II services” means services of the kind provided

by persons registered under Part II, other than the provision of—

                    (a)                   medical or psychiatric treatment, or

                    (b)                   listed services (as defined in section 2).”

  17       In section 10—

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              (a)             subsection (1) is omitted; and

              (b)             in subsection (6)(b), for “by the Commission” substitute “by the

CHAI or the CSCI under this Act”.

  18       In section 11(4), for “the Commission” substitute “the CHAI or the CSCI”.

  19       In section 23(4)(d), after the second “or” insert “against a voluntary adoption

35

agency or adoption support agency for an offence under”.

  20       In section 29(1)—

              (a)             for “the Commission”, in the first place, substitute “the CHAI or the

CSCI (as appropriate)”, and

              (b)             for “the Commission”, in the second place, substitute “either the

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CHAI or the CSCI”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 9 — Part 2: minor and consequential amendments

    144

 

  21       In section 31—

              (a)             in subsection (6), for “powers” substitute “power”; and

              (b)             in subsection (7), for “the Commission” substitute “the CHAI or the

CSCI”.

  22       In section 36A for “the Commission”, in all places, substitute “the CSCI”.

5

  23       In section 42, at the end insert—

              “(5)                Regulations under subsection (1) made by the Secretary of State may

in particular specify whether, for the purposes of the application of

this Part to any person, the registration authority is to be the CHAI

or the CSCI.”

10

  24       In section 45(4)—

              (a)             omit “Subject to section 47(6)”;

              (b)             for “the Commission” substitute “the CSCI”; and

              (c)             at the end insert “; and an inspection under this section shall be

regarded for all purposes as undertaken under section 78 of the

15

Health and Social Care (Community Health and Standards) Act

2003”.

  25       In section 51(1), for the words from “in relation to” to “registration

authority” substitute “in England in relation to which powers conferred by

section 78 of the Health and Social Care (Community Health and Standards)

20

Act 2003 may be exercised to pay to the CSCI”.

  26       In section 113, after subsection (1) insert—

              “(1A)                The powers conferred by this section are exercisable by the Secretary

of State if he is satisfied that—

                    (a)                   the CHAI or the CSCI has without reasonable excuse failed to

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discharge, or properly to discharge, any of its functions

under this Act, or

                    (b)                   in discharging any of its functions under this Act the CHAI

or the CSCI has without reasonable excuse failed to comply

with any directions given by him in relation to those

30

functions.”

  27       In section 121, in the Table in subsection (13), insert the following entries at

the appropriate places—

 

“CHAI

Section 5A”; and

 
 

“CSCI

Section 5B”.

 

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Freedom of Information Act 2000 (c. 36)

  28       In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 10 — Recovery of NHS charges: exempted payments

    145

 

appropriate places insert the following entries—

                    “Commission for Healthcare Audit and Inspection, in respect of

information held for purposes other than those of its functions

exercisable by virtue of paragraph 5(a)(i) of the Care Standards

Act 2000.”;

5

                    “Commission for Social Care Inspection, in respect of information held

for purposes other than those of its functions exercisable by virtue

of paragraph 5(a)(ii) of the Care Standards Act 2000.”.

Adoption and Children Act 2002 (c. 38)

  29       In section 99 of the Adoption and Children Act 2002, for “the National Care

10

Standards Commission” substitute “the Commission for Social Care

Inspection”.

Schedule 10

Section 146

 

Recovery of NHS charges: exempted payments

  1        Any payment made to or for the injured person under—

15

              (a)             section 130 of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6) (compensation orders against convicted persons),

              (b)             section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46)

(corresponding provision in relation to Scotland), or

              (c)             Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I.

20

1994/2795 (N.I. 15)) (corresponding provision in relation to

Northern Ireland).

  2        Any payment made in the exercise of a discretion out of property held

subject to a trust in a case where no more than 50 per cent by value of the

capital contributed to the trust was directly or indirectly provided by

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persons who are, or are alleged to be, liable in respect of—

              (a)             the injury suffered by the injured person, or

              (b)             any connected injury suffered by another.

  3        Any payment made out of property held for the purposes of a prescribed

trust.

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  4       (1)      Any payment made to the injured person by an insurer under the terms of

any contract of insurance entered into between the injured person and the

insurer before the occurrence of the injury in question.

          (2)      In sub-paragraph (1), “insurer” means—

              (a)             a person who has permission under Part 4 of the Financial Services

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and Markets Act 2000 (c. 8) to effect or carry out contracts of

insurance, or

              (b)             an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3

to that Act which has permission under paragraph 15 of that

Schedule (as a result of qualifying for authorisation under paragraph

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12 of that Schedule) to effect or carry out contracts of insurance.

          (3)      Sub-paragraph (2) must be read with—

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

    146

 

              (a)             section 22 of the Financial Services and Markets Act 2000,

              (b)             any relevant order under that section, and

              (c)             Schedule 2 to that Act.

  5        Any payment which apart from this paragraph would be made by—

              (a)             the responsible body of the health service hospital to whom the

5

payment would subsequently be passed under section 158,

              (b)             the relevant ambulance trust to whom the payment would

subsequently be passed under that section.

  6        Any payment to the extent that it is made—

              (a)             in consequence of an action under the Fatal Accidents Act 1976

10

(c. 30),

              (b)             in consequence of an action under the Fatal Accidents (Northern

Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or

              (c)             in circumstances where, had an action been brought, it would have

been brought under that Act or Order.

15

  7        Any payment to the extent that it is made in respect of a liability arising by

virtue of section 1 of the Damages (Scotland) Act 1976 (c. 13).

  8        Any payment of a prescribed description, either generally or in such

circumstances as may be prescribed.

Schedule 11

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Section 180

 

Part 4: minor and consequential amendments

National Health Service (Amendment) Act 1949 (c.93)

  1       (1)      The National Health Service (Amendment) Act 1949 (which is spent in

relation to England and Wales) shall cease to have effect.

          (2)      This paragraph extends to England and Wales only.

25

Health Services and Public Health Act 1968 (c. 46)

  2                 The Health Services and Public Health Act 1968 has effect subject to the

following amendments.

  3       (1)      Section 59 is amended as follows.

          (2)      In subsection (1)—

30

              (a)             after “local pharmaceutical services,” insert “primary medical

services,”;

              (b)             after “personal medical services,” insert “primary dental services,”.

          (3)      In subsection (2), after “1977” insert “(in the case of pharmaceutical

services)”.

35

          (4)      In subsection (2A), omit “section 28C of the 1977 Act,”.

          (5)      After subsection (2B) insert—

              “(2C)                In subsection (1), the references to primary medical services and

primary dental services are references to primary medical services

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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and primary dental services provided under Part 1 of the 1977 Act or

any corresponding provisions of the law in force in Northern Ireland

or the Isle of Man.”

  4        In section 63(2)—

              (a)             after paragraph (a) insert—

5

                           “(aa)                             the provision or performance of a primary medical

service or primary dental service under Part 1 of the

1977 Act and an activity involved in or connected

with the provision or performance of such a service;”;

              (b)             in paragraph (ba), omit “section 28C of the 1977 Act or”.

10

  5        In section 64(3)(b), after “make arrangements” insert “or any service which a

Primary Care Trust or Local Health Board is under a duty to provide under

section 16CA or 16CC of that Act”.

Patents Act 1977 (c.37)

  6       (1)      Section 56(4)(a) of the Patents Act 1977 is amended as follows.

15

          (2)      After “the provision of—” insert—

                           “(ai)                             primary medical services or primary dental services

under Part 1 of the National Health Service Act 1977,

or any corresponding provisions of the law in force in

Northern Ireland or the Isle of Man, or”.

20

          (3)      In sub-paragraph (i), after “1977” insert “(in the case of pharmaceutical

services)”.

          (4)      In sub-paragraph (ii), omit “section 28C of the 1977 Act,”.

National Health Service Act 1977 (c.49)

  7        The 1977 Act has effect subject to the following amendments.

25

  8                 In section 3, at the end insert—

              “(4)                For the purposes of the duty in subsection (1), services provided

under—

                    (a)                   section 16CA(2) or 16CC(2) below, or

                    (b)                   a general medical services contract or a general dental

30

services contract,

                              are to be regarded as provided by the Secretary of State.”

  9                 In section 15(1)(a), for “general medical services, general dental services”

substitute “primary medical services, primary dental services”.

  10                In section 16BB(4), at the end insert “(including functions under sections

35

16CA to 16CC below)”.

  11                In section 16BC(1), at the end insert “or sections 16CA to 16CC below”.

  12                In section 18A(3)—

              (a)             in paragraph (a), omit “general medical, general dental,”; and

              (b)             for paragraph (b) substitute—

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                           “(b)                             providing or performing primary medical services or

primary dental services under this Part,”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 11 — Part 4: minor and consequential amendments

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  13      (1)      Section 26 is amended as follows.

          (2)      In subsection (2) (as substituted by the National Health Service (Primary

Care) Act 1997)—

              (a)             in paragraph (a), omit “general medical services, general dental

services”;

5

              (b)             for paragraph (b) substitute—

                           “(b)                             providing services under a general medical services

contract or a general dental services contract or in

accordance with section 28C arrangements,”.

          (3)      In subsection (4)—

10

              (a)             in paragraph (a), omit “general medical services, general dental

services”;

              (b)             for paragraph (aa) substitute—

                           “(aa)                             persons performing services under a general medical

services contract or a general dental services contract

15

or in accordance with section 28C arrangements”.

  14       In section 28C(1)(a) and (b), (2)(a) and (b) and (4), for “personal”, in all

places, substitute “primary”.

  15      (1)      Section 28D is amended as follows.

          (2)      In subsection (1)—

20

              (a)             in paragraph (a), at the end insert “or NHS foundation trust”;

              (b)             in paragraph (f), at the end insert “or Local Health Board”.

          (3)      In subsection (2), in the definition of “qualifying body”—

              (a)             in paragraph (a), for “(c)” substitute “(ba), (bb), (bc)”;

              (b)             in paragraph (b), for “personal” substitute “primary”.

25

  16                In section 28I(a), for the words from “personal medical services” to

“arrangements” substitute “primary medical services or primary dental

services under this Part”.

  17      (1)      Section 41(1) is amended as follows.

          (2)      In paragraph (b), after “medicines” insert “and listed appliances”.

30

          (3)      In paragraph (c)—

              (a)             after “medicines” insert “and listed appliances”;

              (b)             for “general dental services” substitute “primary dental services”.

  18       In section 43(1), for “general medical services or general dental services”

substitute “primary medical services or primary dental services under Part

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1 above”.

  19       In section 43D(10)—

              (a)             omit paragraphs (a) and (b);

              (b)             for the words from “paragraphs” to “a services list prepared by”

substitute “paragraphs (c) to (e), a supplementary list, a list under

40

section 28W or a list corresponding to a list under section 28W

prepared by”.

  20      (1)      Section 44 is amended as follows.

          (2)      In the side-note, for “local representative committees” substitute “Local

Optical Committees and Local Pharmaceutical Committees”.

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