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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 6 — Social services: functions of National Assembly for Wales

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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

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           (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

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           (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

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           (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

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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

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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—

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           (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

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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—

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 6 — Social services: functions of National Assembly for Wales

    40

 

           (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—

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                  (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.

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     (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

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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.

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     (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;

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           (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

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           (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)

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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

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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

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           (c)           any NHS body.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000

    41

 

     (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—

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           (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,

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            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

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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

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 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

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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

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to—

           (a)           children’s homes;

           (b)           care homes;

           (c)           residential family centres;

           (d)           domiciliary care agencies;

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           (e)           nurses agencies;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000

    42

 

           (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

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           (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.

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           (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

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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

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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.

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           (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

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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)

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000

    43

 

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—

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                  (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

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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.

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           (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;

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                  (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.

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           (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

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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

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           (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;

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                  (b)                 for different amounts to be payable by persons of different

descriptions.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000

    44

 

           (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.

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           (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

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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

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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

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                  (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”.

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     (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

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                  (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—

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                        (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

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 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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