House of Lords - Explanatory Note
Health And Social Care (Community Health And Standards) Bill - continued          House of Lords

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ANNEX B

CURRENT LAW RELATING TO SOCIAL CARE

Community care services

532.     Section 47 of the National Health Services and Community Care Act 1990 requires local authorities to assess the needs of any person who appears to them to be in need of community care services and decide in the light of that assessment whether any community care services should be provided to that person.

533.     Community care services are defined in section 46(3) of the 1990 Act.

Children's services

534.     The Children Act 1989 makes provision for local authority support to children and families including services for children in need, the provision of accommodation, and advice and assistance; provision relating to the protection of children, care and supervision orders; for the regulation and inspection of day care and child minding, and provision in relation children's homes and private fostering

Care Standards

535.     The Care Standards Act 2000 makes provision relating to the registration and regulation of children's homes, independent hospitals and clinics, private and local authority care homes, residential family centres, independent medical agencies, domiciliary care agencies, fostering, nursing and voluntary adoption agencies. The Act also makes provision for the regulation and inspection of local authority fostering and adoption services, child minding and day care services. It established the National Care Standards Commission ('NCSC') which has the general duty of keeping the Secretary of State informed about the availability of the provision and quality of services.

536.     Proprietors and managers of the establishments and agencies listed above are required to register with the NCSC, or the National Assembly for Wales and to comply with regulatory requirements. The NCSC has power to inspect, and may cancel registration or prosecute for non-compliance with specified regulations.

Inspection of social services authorities

537.     Local authority social services (other than local authority fostering and adoption services) are inspected by the Social Services Inspectorate on behalf of the Secretary of State.

Direction making powers

538.     Section 84 of the Children Act 1989 provides that, where the Secretary of Sate is satisfied that any local authority has failed, without reasonable excuse, to comply with duties imposed upon them under the Act, he may make an order declaring them to be in default with respect to that duty. The order must contain the Secretary of State's reasons for making it, and may contain directions for the purpose of ensuring that the duty is complied with.

539.     Section 7A of the Local Authority Social Services Act 1970 provides that every local authority shall exercise social services functions in accordance with directions made by the Secretary of State. Section 7C makes provision for Secretary of State to hold an inquiry. Section 7D empowers the Secretary of State to make specific directions where a local authority has failed to comply with duties which are social services functions.

Complaints

540.     The current provisions relating to complaints against social services are set out in section 7B of the Local Authority Social Services Act 1970 and sections 24D and 26 of the Children Act 1989, and in the Complaints Procedure Directions 1990 and the Representations Procedure (Children) Regulations 1991.

ANNEX C

Table of effects of the Bill in relation to Wales

PROVISIONEffect
Part 2
Clause 46 Provides powers for the Assembly to prepare and publish statements of standards relating to health care provided by or for Welsh NHS bodies.
Clause 52Provides that the CHAI must report to the Assembly where there are significant failings in health care provided by or for a Welsh NHS body or the running of such body or a person or body providing care for the Welsh NHS body.
Clause 53Provides that the Assembly may request that the CHAI provide it with advice and information on health care provided for or by a Welsh NHS body.
Clause 58(3))Provides that the Assembly must give agreement for any regulations made by the Secretary under clause 58(1) (prescribing additional functions for the CHAI) which functions relate specifically to the provision of health care by or for Welsh NHS bodies.
Clause 59The Assembly may, after consulting CHAI, require CHAI by regulations to publish statements of criteria to be used by CHAI relating to certain functions.
Clause 61Empowers the Assembly, by Regulations to specify functions in respect of which CHAI may charge fees and to provide for the manner in which CHAI publish fees.
Clause 68 Confers on the Assembly, and persons authorised by the Assembly, the function of conducting review of, and investigations into, the provision of health care by and for Welsh NHS bodies.
Clause 69 Provides that if the Assembly, in carrying out reviews and investigations, discovers significant failings in the provision of health care on the part of English NHS bodies or cross-border NHS bodies, or the running of such bodies (or persons providing care for such bodies), it shall report its findings to the Secretary of State and further may make recommendations. Further where the Assembly discovers significant failings relating to NHS foundation trusts, it shall report them to the Independent Regulator.
Clause 70Provides the Assembly with the power to inspect premises and documents in furtherance of its review and inspection functions under clause 68.
Clause 71Provides the Assembly with supplementary powers to its right of entry: inspection, copying and removal of documents and records and other items and the right to interview person in private. Introduces an offence of obstructing the Assembly from exercising its powers of entry.
Clause 72Confers a regulation making power on the Assembly to require persons to produce specified documents.
Clause 73 Confers a regulation making power on the Assembly to require persons to explain documents or matters relating to the exercise of the Assembly's functions.
Clause 90Gives the Assembly the general function of encouraging improvements in the provision of Welsh Local Authority social services.
Clause 91Enables the Assembly to review studies and research made by others on Welsh Local Authority social services and make and publish a report.
Clause 92 Confers on the Assembly the function of conducting reviews of, and investigations into, the discharge of social services functions by local authorities in Wales.
Clause 93Enables the Assembly to undertake or promote comparative studies (for improving social services).
Clause 94 Enables the Assembly to make regulations to confer additional functions on itself but only where those functions correspond with functions conferred on the CSCI by the Bill or by the Secretary of State.
Clause 96Confers on the Assembly, and persons authorised by the Assembly, the power to inspect premises.
Clause 97Enables persons authorised by the Assembly to inspect and take copies of documents.
Clause 98Gives the Assembly the power to require information from certain persons in relation to social services functions
Clause 99Confers on the Assembly the power to make regulations to require persons to explain documents, or matters relating to the exercise of the Assembly's functions.
Clause 107 Confers a duty on the Assembly to safeguard and promote the welfare of children.
Clause 111(2)Provides that the Assembly may make regulations on the complaints procedure in relation to complaints made to Welsh NHS bodies.
Clause 112(3)Provides that the Assembly may make regulations on the complaints procedure in relation to complaints made to Welsh local authorities about social services.
Clause 138Provides that the Assembly must make an annual report on the way it has exercised its health care and social services functions.
Clause 139 Enables the Assembly to use any information it obtains in exercising its health and social care reviewing functions and other functions for the purposes of all of those functions.
Clause 140 Enables the Assembly to hold an inquiry into any matter connected with its health care or social care functions.
Clause 141Provides that the Assembly and the CHAI must co-operate where appropriate to ensure the efficient and effective discharge of certain functions.
Schedule 6 , paragraph 3(1), (3), (7) and (8)Enables the Assembly to appoint a member of the CHAI and remove that member from office, provides that the Secretary of State must consult the Assembly before exercising any functions under this schedule and confers a direction making power on the Assembly to direct a Special Health Authority to undertake certain appointment roles.
Schedule 6 , paragraph 9(2) and (4) Enables the Assembly to make payments and/or loans to the CHAI.
Schedule 9 , paragraph 10(2) Enables the Assembly to undertake duties alongside the Audit Commission.
Part 4
Clause 166Gives the Assembly certain regulation making powers in respect of primary dental services.
Clause 167Inserts a new section 16CB into the 1977 Act which provides for the Assembly to prescribe functions for itself in relation to dental public health.
Clause 168Makes provision for the new general dental services contract and confers regulation and direction making powers on the Assembly in relation to GDS.
Clause 169Enables the Assembly to make an order to make transitional provision in respect of certain persons providing dental services.
Clause 170Gives the Assembly certain regulation making powers in respect of primary medical services.
Clause 171Makes provision for the new general medical services contract and confers regulation and direction making powers on the Assembly in relation to GMS.
Clause 172Enables the Assembly to make an order to make transitional provision in respect of certain persons providing medical services.
Clause 173Gives the Assembly certain regulation making powers in respect of arrangements under section 28C of the 1977 Act.
Clause 174Provides for the abolition of pilot schemes in England and Wales under the National Health Service (Primary Care) Act.
Clause 175Provides for regulations to specify who may perform any primary dental or medical service.
Clause 178Enables the Assembly to make provision for the rights and liabilities of a LHB under a general dental services contract to transfer to a Special Health Authority.
Clause 179 Inserts new section 79 in the 1977 Act and confers various regulation making powers on the Assembly in relation to dental charging.
Part 5
Clause 181 (2)Provides that the Secretary of State must consult the Assembly before establishing or varying a Welfare Food Scheme.
Clause 181 (7)Confers powers on the Assembly to prescribe the descriptions of food and advice in relation to the operation of the scheme in Wales.
Clause 181(9)Enables the Assembly, with the agreement of the Secretary of State, to give directions to a body administering a Welfare Food Scheme in relation to matters relating to the operation of a scheme or part of a scheme in Wales.
Clause 184Provides that the Secretary of State must first consult the Assembly before directing a Special Health Authority to undertake his appointments function to a body for which appointments are made jointly or concurrently with the Assembly.
 
 
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Prepared: 14 July 2003