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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 4 — NHS health care: functions of National Assembly for Wales

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           (c)           there are significant failings in the running of any body, or the practice

of any individual, providing health care for an English NHS body or

cross-border SHA.

     (2)    A report under subsection (1) may include a recommendation that, with a view

to remedying the failings, the Secretary of State take special measures in

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relation to—

           (a)           the English NHS body or cross-border SHA; and

           (b)           in a case falling within paragraph (c) of subsection (1), any person,

other than a Welsh NHS body, referred to in that paragraph.

     (3)           The Assembly must report to the regulator where, after conducting a review or

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investigation under section 68, it is of the view that —

           (a)           there are significant failings in relation to the provision of health care

by or for an NHS foundation trust;

           (b)           there are significant failings in the running of an NHS foundation trust;

or

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           (c)           there are significant failings in the running of any body, or the practice

of any individual, providing health care for an NHS foundation trust.

     (4)           A report under subsection (3) may include a recommendation that, with a view

to remedying the failings, the regulator take special measures in relation to the

NHS foundation trust.

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     (5)    A report under this section must give the Assembly’s reasons for its view and

for any recommendation made.

Ancillary powers

 70    Right of entry

     (1)    A person authorised to do so by the Assembly may, if the Assembly considers

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it necessary or expedient for the purposes of this Chapter, at any reasonable

time enter and inspect any—

           (a)           premises owned or controlled by a Welsh NHS body;

           (b)           any other premises used, or proposed to be used, for any purpose

connected with—

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                  (i)                 the provision of health care by or for a Welsh NHS body; or

                  (ii)                the discharge of any of the functions of a Welsh NHS body.

     (2)    A person who proposes to exercise any power of entry or inspection conferred

by this section must if so required produce some duly authenticated document

showing his authority to exercise the power.

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 71    Right of entry: supplementary

     (1)    A person authorised by virtue of section 70 to enter and inspect premises may,

if he considers it necessary or expedient for the purposes of this Chapter—

           (a)           inspect, take copies of and remove from the premises any documents or

records (including personal records);

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           (b)           inspect any other item and remove it from the premises;

           (c)           interview in private—

                  (i)                 any person working at the premises;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 4 — NHS health care: functions of National Assembly for Wales

    29

 

                  (ii)                any person receiving health care there who consents to be

interviewed; and

           (d)           make any other examination into the state and management of the

premises and treatment of persons receiving health care there.

     (2)    The power in subsection (1)(a) includes—

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           (a)           power to require any person holding or accountable for documents or

records kept on the premises to produce them; and

           (b)           in relation to records which are kept by means of a computer, power to

require the records to be produced in a form in which they are legible

and can be taken away.

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     (3)    A person authorised by virtue of subsection (1)(a) to inspect any records is

entitled to have access to, and to check the operation of, any computer and any

associated apparatus or material which is or has been in use in connection with

the records in question.

     (4)    A person authorised by virtue of section 70 to enter and inspect any premises

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may—

           (a)           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 70 or this section; and

           (b)           take such measurements and photographs and make such recordings

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as he considers necessary to enable him to exercise those powers.

     (5)    Any person who without reasonable excuse—

           (a)           obstructs the exercise of any power conferred by section 70 or this

section, or

           (b)           fails to comply with any requirement of section 70 or this section,

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            is guilty of an offence and liable on summary conviction to a fine not exceeding

level 4 on the standard scale.

 72    Power to require documents and information

     (1)    The Assembly may at any time require any person specified in subsection (2)

to provide it with any information, documents, records (including personal

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records) or other items—

           (a)           which relates or relate to—

                  (i)                 the provision of health care by or for a Welsh NHS body; or

                  (ii)                the discharge of any of the functions of a Welsh NHS body; and

           (b)           which the Assembly considers it necessary or expedient to have for the

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purposes of this Chapter.

     (2)    The persons referred to in subsection (1) are—

           (a)           the Welsh NHS body;

           (b)           any person providing health care for, or exercising functions of, the

Welsh NHS body;

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           (c)           a local authority in Wales.

     (3)    The power in subsection (1) to require the provision of records includes, in

relation to records kept by means of a computer, power to require the

provision of the records in legible form.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI

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     (4)    Any person who without reasonable excuse fails to comply with any

requirement imposed by virtue of this section is guilty of an offence and liable

on summary conviction to a fine not exceeding level 4 on the standard scale.

 73    Power to require explanation

     (1)    The Assembly may by regulations make provision requiring prescribed

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persons to provide to the Assembly, or to persons authorised by it, an

explanation of—

           (a)           any documents, records or items inspected, copied or provided under

sections 70 to 72,

           (b)           any information provided under those sections, or

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           (c)           any matters which are the subject of the exercise of any function of the

Assembly under section 68, and

            in circumstances where the Assembly considers the explanation necessary or

expedient for the purposes of this Chapter.

     (2)    Regulations under subsection (1) may require explanations to be provided at

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such times and places as may be prescribed.

     (3)    Any person who without reasonable excuse fails to comply with any

requirement imposed by virtue of this section is guilty of an offence and liable

on summary conviction to a fine not exceeding level 4 on the standard scale.

Chapter 5

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Social services: functions of CSCI

Provision of social services

 74    Introductory

     (1)    The CSCI has the general function of encouraging improvement in the

provision of English local authority social services.

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     (2)    In exercising its functions under subsection (1) and sections 75 to 79 in relation

to the provision of such services the CSCI shall be concerned in particular

with—

           (a)           the availability of, and access to, the services;

           (b)           the quality and effectiveness of the services;

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           (c)           the management of the services;

           (d)           the economy and efficiency of their provision and their value for

money;

           (e)           the need to safeguard and promote the rights and welfare of children;

and

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           (f)           the effectiveness of measures taken by local authorities for the purpose

specified in paragraph (e).

 75    Information and advice

     (1)    The CSCI is to keep the Secretary of State informed about the provision of

English local authority social services.

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI

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     (2)    The CSCI may at any time give advice to the Secretary of State on any matter

connected with the provision of English local authority social services.

     (3)    The CSCI may in particular under subsection (2) give advice to the Secretary of

State on any changes which it thinks should be made, for the purpose of

securing improvement in the quality of services provided by local authorities

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in England in the exercise of the functions referred to in section 43(3)(a) and (b)

of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), in the

standards prepared and published from time to time under section 23 of that

Act.

     (4)    When requested to do so by the Secretary of State, the CSCI must give him

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advice or information on such matters connected with the provision of English

local authority social services as may be specified in the request.

     (5)    The CSCI may give advice to the Secretary of State or any local authority in

England about the establishment or conduct of any inquiry held, or to be held,

by the Secretary of State or the authority in relation to the provision of English

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local authority social services.

 76    Review of studies and research

     (1)    The CSCI may review—

           (a)           studies and research undertaken by others in relation to the provision

of English local authority social services;

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           (b)           the methods used in such studies and research; and

           (c)           the validity of the conclusions drawn from such studies and research.

     (2)    Where the CSCI conducts a review under this section it must publish a report.

 77    Annual reviews

     (1)    In each financial year the CSCI must conduct a review of the English local

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authority social services which are provided by, or pursuant to arrangements

made by, each local authority in England.

     (2)    After conducting a review under subsection (1) in respect of a local authority

the CSCI must award a performance rating to that authority.

     (3)    The CSCI is to exercise its functions under this section by reference to criteria

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from time to time devised by it and approved by the Secretary of State.

     (4)    The CSCI must publish the criteria devised and approved from time to time

under subsection (3).

     (5)    The CSCI is to exercise its functions under this section in any financial year in

accordance with any timetable specified in relation to that year by the Secretary

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of State.

     (6)    In exercising its functions under this section the CSCI must take into account

guidance issued to local authorities under section 7 of the Local Authority

Social Services Act 1970 (c. 42).

     (7)    In exercising its functions under this section in relation to the functions

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referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (adoption

and fostering functions), the CSCI must take into account the standards

prepared and published from time to time under section 23 of that Act.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI

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     (8)    For the purposes of this section, the CSCI may carry out an inspection of—

           (a)           the local authority being reviewed;

           (b)           any person providing an English local authority social service pursuant

to arrangements made by the authority.

 78    Other reviews and investigations

5

     (1)    The CSCI has the function of conducting other reviews of, and investigations

into, the provision of English local authority social services.

     (2)    The CSCI may in particular under this section conduct—

           (a)           a review of the overall provision of English local authority social

services;

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           (b)           a review of the provision of any English local authority social service of

a particular description; or

           (c)           a review of, or investigation into, the provision of any English local

authority social service by a particular person or persons.

     (3)    If the Secretary of State so requests, the CSCI must conduct—

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           (a)           a review under subsection (2)(a);

           (b)           a review under subsection (2)(b) of an English local authority social

service of such description as may be specified in the request; or

           (c)           a review or investigation under subsection (2)(c) in relation to the

provision of such services as may be specified in the request by such

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person, or persons of such description, as may be so specified.

     (4)    In exercising its function under this section the CSCI must take into account

guidance issued to local authorities under section 7 of the Local Authority

Social Services Act 1970 (c. 42).

     (5)    In exercising its function under this section in relation to the functions referred

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to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption

and fostering functions), the CSCI must take into account the standards

prepared and published from time to time under section 23 of that Act.

     (6)    For the purposes of this section, the CSCI may carry out an inspection of—

           (a)           any local authority in England;

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           (b)           any other person providing an English local authority social service.

     (7)    Where the CSCI conducts a review or investigation under this section, it must

publish a report.

 79    Failings

     (1)    This section applies where the CSCI conducts—

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           (a)           a review under section 77; or

           (b)           a review or investigation under section 78.

     (2)    If under section 77 the CSCI awards the lowest performance rating to a local

authority, the CSCI must—

           (a)           inform the Secretary of State of that fact; and

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           (b)           recommend any special measures which it considers the Secretary of

State should take.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI

    33

 

     (3)    If (in a case where subsection (2) does not apply) the CSCI considers that a local

authority in England is failing to discharge any of its social services functions

to an acceptable standard, it must—

           (a)           inform the Secretary of State of that fact; and

           (b)           recommend any special measures which it considers the Secretary of

5

State should take.

     (4)    However, in a case falling within subsection (3), if the CSCI considers that the

failure is not substantial, it may instead—

           (a)           give the local authority a notice under subsection (5); and

           (b)           inform the Secretary of State that it has done so.

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     (5)    A notice under this subsection is a notice which specifies—

           (a)           the respects in which the CSCI considers that the local authority is

failing;

           (b)           the action which the CSCI considers the authority should take to

remedy the failure; and

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           (c)           the time by which the CSCI considers the action should be taken.

     (6)    Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the

Secretary of State take special measures in relation to a local authority, the

CSCI must, if the Secretary of State so requests—

           (a)           undertake a further review under section 78 in relation to the authority;

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and

           (b)           include in its report under subsection (5) of that section a report on such

matters as the Secretary of State may specify.

Other functions

 80    Studies as to economy, efficiency etc

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     (1)    The CSCI may promote or undertake comparative or other studies designed to

enable it to make recommendations—

           (a)           for improving economy, efficiency and effectiveness in the discharge

by local authorities in England of their social services functions;

           (b)           for improving the management of such local authorities in their

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discharge of those functions.

     (2)    The CSCI may also promote or undertake studies designed to enable it to

prepare reports as to the impact of—

           (a)           the operation of any particular statutory provisions, or

           (b)           any directions or guidance given by a Minister of the Crown (whether

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pursuant to any such provision or otherwise),

            on economy, efficiency and effectiveness in the discharge by local authorities

in England of their social services functions.

     (3)    For the purposes of this section the CSCI may carry out an inspection of any

local authority in England.

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     (4)    The CSCI must publish—

           (a)           any recommendations made by it under subsection (1);

           (b)           the result of any studies under this section.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 5 — Social services: functions of CSCI

    34

 

     (5)    The CSCI must, on request, provide the Comptroller and Auditor General with

any material relevant to a study under this section.

 81    Joint working with Audit Commission

     (1)    The CSCI and the Audit Commission may (without prejudice to any other

power they may have to do so) exercise jointly their respective functions under

5

section 80 and sections 33 and 34 of the Audit Commission Act 1998 (c. 18).

     (2)    The CSCI and the Audit Commission must co-operate with each other with

respect to the exercise of their respective functions under section 80 and

sections 33 and 34 of the Audit Commission Act 1998.

     (3)    The Secretary of State may give guidance to the CSCI and the Audit

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Commission as to which of them should promote or undertake studies which

could be promoted or undertaken by either of them.

     (4)    The CSCI and the Audit Commission must take any such guidance into

account in the exercise of their functions.

 82    Additional functions

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The CSCI is to have such additional functions as may be prescribed in relation

to the provision of English local authority social services.

Supplementary

 83    Criteria

The Secretary of State may, after consulting the CSCI, make regulations

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requiring the CSCI—

           (a)           to devise and publish statements of the criteria to be used in the exercise

of any of its functions under this Chapter (other than section 77); and

           (b)           to obtain the consent of the Secretary of State before publishing any

such statement.

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 84    Fees

     (1)    The CSCI may from time to time make and publish provision requiring a local

authority in England to pay a fee in respect of the exercise by the CSCI, in

relation to that authority, of such of its functions under section 77, 78 or 80 as

may be prescribed.

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     (2)    The amount of a fee payable by virtue of provision under subsection (1) shall

be such as may be specified in, or calculated or determined under, the

provision.

     (3)    Provision under subsection (1) may include provision—

           (a)           for different fees to be paid in different cases, or classes of case;

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           (b)           for different fees to be paid by persons of different descriptions;

           (c)           for the amount of a fee to be determined by the CSCI in accordance with

specified factors;

           (d)           for the time by which a fee must be paid.

     (4)    The Secretary of State may by regulations make provision as to—

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