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94 Additional functions | |
The Assembly shall have such additional functions in relation to the provision | |
of Welsh local authority social services as— | |
(a) correspond to functions conferred on the CSCI by or under this Act; | |
and | 5 |
(b) are specified by the Assembly in regulations. | |
95 General considerations | |
(1) This section applies for the purpose of the exercise by the Assembly of its | |
functions— | |
(a) under sections 90 to 93; and | 10 |
(b) under regulations under section 94. | |
(2) The Assembly shall be concerned in particular with— | |
(a) the availability of, and access to the services; | |
(b) the quality and effectiveness of the services; | |
(c) the management of the services; and | 15 |
(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 | |
(f) the effectiveness of measures taken by local authorities for the purpose | 20 |
specified in paragraph (e). | |
Ancillary powers | |
96 Right of entry | |
(1) A person authorised to do so by the Assembly may, if the Assembly considers | |
it necessary or expedient for the purposes of this Chapter, at any reasonable | 25 |
time enter and inspect— | |
(a) any premises owned or controlled by a local authority in Wales; | |
(b) any premises falling within subsection (2), other than premises used | |
wholly or mainly as a private dwelling. | |
(2) The premises referred to in subsection (1)(b) are premises— | 30 |
(a) which are used, or proposed to be used, by any person in connection | |
with the provision of a Welsh local authority social service; or | |
(b) which the Assembly reasonably believes to be so used, or proposed to | |
be so used. | |
(3) A person who proposes to exercise any power of entry or inspection conferred | 35 |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | |
97 Right of entry: supplementary | |
(1) A person authorised by virtue of section 96 to enter and inspect premises may, | |
if he considers it necessary or expedient for the purposes of this Chapter— | 40 |
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(a) inspect, take copies of and remove from the premises any documents or | |
records (including personal records) relating to the discharge by the | |
local authority of its social services functions; | |
(b) inspect any other item and remove it from the premises; | |
(c) interview in private— | 5 |
(i) any person working at the premises; or | |
(ii) any person accommodated or cared for there who consents to | |
be interviewed; and | |
(d) make any other examination into the state and management of the | |
premises and treatment of persons accommodated or cared for there. | 10 |
(2) The power in subsection (1)(a) includes— | |
(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 | 15 |
and can be taken away. | |
(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. | 20 |
(4) A person authorised by virtue of section 96 to enter and inspect premises | |
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 96 or this section; | 25 |
(b) take such measurements and photographs and make such recordings | |
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 96 or this | |
section, or | 30 |
(b) fails to comply with any requirement of section 96 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | |
98 Power to require information | |
(1) The Assembly may at any time require any person specified in subsection (2) | 35 |
to provide it with any information, documents, records (including personal | |
records) or other items— | |
(a) which relates or relate to the discharge by a local authority in Wales of | |
its social services functions; and | |
(b) which the Assembly considers it necessary or expedient to have for the | 40 |
purpose of any of its functions under this Chapter. | |
(2) The persons referred to in subsection (1) are— | |
(a) the local authority; | |
(b) a person providing a Welsh local authority social service for the | |
authority; or | 45 |
(c) any NHS body. | |
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(3) The power in subsection (1) to require the provision of information includes, in | |
relation to records kept by means of a computer, power to require the | |
provision of the records in legible form. | |
(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 | 5 |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
99 Power to require explanation | |
(1) The Assembly may by regulations make provision requiring prescribed | |
persons to provide to the Assembly, or to persons authorised by it, an | |
explanation of— | 10 |
(a) any documents, records or items inspected, copied or produced under | |
sections 96 to 98, | |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any functions of the | |
Assembly under this Chapter, | 15 |
in cases 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 | |
such times and places as may be prescribed. | |
(3) Any person who without reasonable excuse fails to comply with any | 20 |
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 7 | |
Functions under the Care Standards Act 2000 | |
Functions of CHAI and CSCI | 25 |
100 Transfer of functions to CHAI and CSCI | |
(1) The functions of the National Care Standards Commission under Part 2 of the | |
Care Standards Act 2000 (c. 14) (registration and standards) are transferred in | |
accordance with subsections (2) and (3). | |
(2) Its functions under that Part are transferred to the CHAI insofar as they relate | 30 |
to— | |
(a) independent hospitals; | |
(b) independent clinics; and | |
(c) independent medical agencies. | |
(3) Its functions under that Part are transferred to the CSCI insofar as they relate | 35 |
to— | |
(a) children’s homes; | |
(b) care homes; | |
(c) residential family centres; | |
(d) domiciliary care agencies; | 40 |
(e) nurses agencies; | |
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(f) fostering agencies; | |
(g) voluntary adoption agencies; and | |
(h) adoption support agencies. | |
(4) In relation to any period after the coming into force of this subsection but | |
before the coming into force of sections 78 and 79, the functions of the National | 5 |
Care Standards Commission under Part 3 of that Act are transferred to the | |
CSCI. | |
101 General functions of CHAI | |
In the Care Standards Act 2000 (c. 14), after section 5 insert— | |
“5A General duties of Commission for Healthcare Audit and Inspection | 10 |
(1) The Commission for Healthcare Audit and Inspection (referred to in | |
this Act as “the CHAI”) shall have the general duty of keeping the | |
Secretary of State informed about— | |
(a) the provision in England of independent health services; and | |
(b) in particular, the availability and quality of the services. | 15 |
(2) The CHAI shall have the general duty of encouraging improvement in | |
the quality of independent health services provided in England. | |
(3) The CHAI shall make information about independent health services | |
provided in England available to the public. | |
(4) When asked to do so by the Secretary of State, the CHAI shall give him | 20 |
advice or information on such matters relating to the provision in | |
England of independent health services as may be specified in his | |
request. | |
(5) The CHAI may at any time give advice to the Secretary of State on— | |
(a) any changes which the CHAI thinks should be made, for the | 25 |
purpose of securing improvement in the quality of independent | |
health services provided in England, in the standards set out in | |
statements under section 23; | |
(b) any other matter connected with the provision in England of | |
such services. | 30 |
(6) In the exercise of its functions under this Act the CHAI must have | |
particular regard to the need to safeguard and promote the rights and | |
welfare of children. | |
(7) The Secretary of State may by regulations confer additional functions | |
on the CHAI in relation to the provision in England of independent | 35 |
health services. | |
(8) In this section “independent health services” means services of the kind | |
provided by persons for whom the CHAI is the registration authority.” | |
102 General functions of CSCI | |
In the Care Standards Act 2000, after section 5A (inserted by section 101 above) | 40 |
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insert— | |
“5B General duties of Commission for Social Care Inspection | |
(1) The Commission for Social Care Inspection (referred to in this Act as | |
“the CSCI”) shall have the general duty of keeping the Secretary of State | |
informed about— | 5 |
(a) the provision in England of registered social care services; and | |
(b) in particular, the availability and quality of the services. | |
(2) The CSCI shall have the general duty of encouraging improvement in | |
the quality of registered social care services provided in England. | |
(3) The CSCI shall make information about registered social care services | 10 |
provided in England available to the public. | |
(4) When asked to do so by the Secretary of State, the CSCI shall give him | |
advice or information on such matters relating to the provision in | |
England of registered social care services as may be specified in his | |
request. | 15 |
(5) The CSCI may at any time give advice to the Secretary of State on— | |
(a) any changes which the CSCI thinks should be made, for the | |
purpose of securing improvement in the quality of registered | |
social care services provided in England, in the standards set | |
out in statements under section 23; | 20 |
(b) any other matter connected with the provision in England of | |
registered social care services. | |
(6) In the exercise of its functions under this Act the CSCI must have | |
particular regard to the need to safeguard and promote the rights and | |
welfare of children. | 25 |
(7) The Secretary of State may by regulations confer additional functions | |
on the CSCI in relation to the provision in England of registered social | |
care services. | |
(8) In this section, “registered social care services” means services of the | |
kind provided by persons for whom the CSCI is the registration | 30 |
authority.” | |
103 Fees | |
(1) The Care Standards Act 2000 (c. 14) is amended as follows. | |
(2) After section 113 insert— | |
“113A Fees payable under Part 2 | 35 |
(1) The CHAI and the CSCI may each from time to time make and publish | |
provision determining the amount of any fee payable to it under Part 2. | |
(2) Provision under subsection (1) may include provision— | |
(a) for different amounts to be payable in different cases, or classes | |
of case; | 40 |
(b) for different amounts to be payable by persons of different | |
descriptions. | |
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(3) Before the CHAI or the CSCI makes any provision under subsection (1) | |
it must consult such bodies as appear to it to be representative of the | |
persons liable to pay the fee. | |
(4) No provision may be made under subsection (1) without the consent of | |
the Secretary of State. | 5 |
(5) If the Secretary of State considers it necessary or desirable to do so, he | |
may by regulations make provision determining the amount of a fee | |
payable to the CHAI or the CSCI under Part 2 instead of the amount for | |
which provision is made under subsection (1). | |
(6) Before making any regulations under subsection (5) in respect of fees | 10 |
payable to the CHAI or the CSCI, the Secretary of State shall consult | |
that body and such other persons as appear to him to be appropriate.” | |
(3) In section 12 (applications for registration), in subsection (2), for “a fee of the | |
prescribed amount” substitute “a fee of the amount determined under section | |
113A, where the registration authority is the CHAI or the CSCI, or of the | 15 |
prescribed amount, where the registration authority is the Assembly.” | |
(4) In section 15 (other applications), in subsection (3) for “a fee of such amount as | |
may be prescribed” substitute “a fee of— | |
(a) the amount determined under section 113A, where the | |
registration authority is the CHAI or the CSCI; or | 20 |
(b) the prescribed amount, where the registration authority is the | |
Assembly.” | |
(5) In that section, in subsection (5)— | |
(a) for “subsection (3)” substitute “subsection (3)(b)”; and | |
(b) for “the registration authority” substitute “the Assembly”. | 25 |
(6) In section 16 (regulations about registration), for subsection (3) substitute— | |
“(3) Persons registered under this Part must also pay to the registration | |
authority, at such time as may be prescribed, an annual fee— | |
(a) of such amount as may be determined under section 113A, | |
where the registration authority is the CHAI or the CSCI; and | 30 |
(b) of such amount as may be prescribed, where the registration | |
authority is the Assembly.” | |
(7) In section 22(7)(i) (fees in respect of notification of variation of corporate | |
ownership etc), for the words from “of a fee” to the end substitute “, in respect | |
of any notification required to be made by virtue of paragraph (h), of a fee of— | 35 |
(i) such amount as may be determined under section 113A, | |
where notification is made to the CHAI or the CSCI; or | |
(ii) the prescribed amount, where notification is made to the | |
Assembly”. | |
Miscellaneous | 40 |
104 Meaning of “independent medical agency” | |
In section 2(5) of the Care Standards Act 2000 (c. 14) (an “independent medical | |
agency” does not include an independent clinic), after “clinic” insert “or an | |
independent hospital”. | |
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