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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 7 — CSCI: supplementary

    137

 

Discharge of functions

  7       (1)      The CSCI may arrange for—

              (a)             any of its committees, sub-committees, members or employees, or

              (b)             any other person,

                   to exercise any of its functions on its behalf.

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          (2)      If the CSCI arranges for the discharge of any function as mentioned in sub-

paragraph (1)(b), the arrangements may include provision with respect to

the payment of remuneration and allowances to, or amounts in respect of,

such persons.

Assistance

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  8       (1)      The CSCI may arrange for such persons as it thinks fit to assist it in the

discharge of any of its functions in relation to a particular case or class of

case.

          (2)      Such arrangements may include provision with respect to the payment of

remuneration and allowances to, or amounts in respect of, such persons.

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Payments and loans

  9       (1)      The Secretary of State may make payments out of money provided by

Parliament to the CSCI of such amounts, at such times and on such

conditions (if any) as he considers appropriate.

          (2)      The Secretary of State may, with the approval of the Treasury, make loans

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out of money provided by Parliament to the CSCI on such terms (including

terms as to repayment and interest) as he may determine.

          (3)      Except as provided by sub-paragraph (2), the CSCI has no power to borrow

money.

Accounts

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  10      (1)      The CSCI must keep its accounts in such form as the Secretary of State may

determine.

          (2)      The CSCI must prepare annual accounts in respect of each financial year in

such form as the Secretary of State may determine.

          (3)      The CSCI must send copies of the annual accounts to the Secretary of State

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and the Comptroller and Auditor General within such period after the end

of the financial year to which the accounts relate as the Secretary of State

may determine.

          (4)      The Comptroller and Auditor General must examine, certify and report on

the annual accounts and must lay copies of the accounts and of his report

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before Parliament.

Seal and evidence

  11       The application of the seal of the CSCI must be authenticated by the

signature—

              (a)             of any member of the CSCI, or

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Health and Social Care (Community Health and Standards) Bill
Schedule 8 — CHAI and CSCI: transfers of property and staff, etc

    138

 

              (b)             of any other person who has been authorised by the CSCI (whether

generally or specifically) for that purpose.

  12       A document purporting to be duly executed under the seal of the CSCI or to

be signed on its behalf is to be received in evidence and, unless the contrary

is proved, taken to be so signed or executed.

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Schedule 8

Section 42

 

CHAI and CSCI: transfers of property and staff, etc

Transfer schemes

  1       (1)      The Secretary of State may make one or more schemes for—

              (a)             the transfer of property, rights and liabilities of the National Care

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Standards Commission to the CHAI or the CSCI;

              (b)             the transfer of property, rights and liabilities of the Audit

Commission to the CHAI or the CSCI;

              (c)             the transfer of property, rights and liabilities of the Commission for

Health Improvement to the CHAI;

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              (d)             the transfer of property, rights and liabilities of the Crown to the

CHAI or the CSCI.

          (2)      The property, rights and liabilities which may be the subject of a scheme

include—

              (a)             any that would otherwise be incapable of being transferred or

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assigned, and

              (b)             rights and liabilities under a contract of employment.

          (3)      A scheme under sub-paragraph (1) may define the property, rights and

liabilities to be transferred by specifying or describing them (including

describing them by reference to a specified part of the transferor’s

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undertaking).

          (4)               A scheme under this paragraph may contain provision for the payment of

compensation by the Secretary of State to any person or body (other than one

mentioned in sub-paragraph (1)) whose interests are adversely affected by

the scheme.

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          (5)      A scheme under this paragraph may include supplementary, incidental,

transitional and consequential provision.

Transfer

  2        The property, rights and liabilities which are the subject of a scheme under

paragraph 1 are, by virtue of this paragraph, transferred on the day

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appointed by the scheme in accordance with the provisions of the scheme.

Employment

  3        The transfer by paragraph 2 of the rights and liabilities relating to an

individual’s contract of employment does not break the continuity of his

employment, and, accordingly—

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Health and Social Care (Community Health and Standards) Bill
Schedule 8 — CHAI and CSCI: transfers of property and staff, etc

    139

 

              (a)             he is not to be regarded for the purposes of Part 11 of the

Employment Rights Act 1996 (c. 18) as having been dismissed by

virtue of the transfer, and

              (b)             his period of employment with the transferor counts as a period of

employment with the transferee for the purposes of that Act.

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  4       (1)      Paragraph 2 does not operate to transfer the rights and liabilities under an

individual’s contract of employment if, before the transfer takes effect, he

informs the transferor or transferee that he objects to the transfer.

          (2)      Where an individual does inform the transferor or transferee as specified in

sub-paragraph (1), his contract of employment with the transferor is

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terminated immediately before the date on which the transfer would occur;

but he shall not, for any purpose, be regarded as having been dismissed by

the transferor.

          (3)      This paragraph is without prejudice to any right of an individual employed

by a transferor to terminate his contract of employment if (apart from the

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change of employer) a substantial change is made to his detriment in his

working conditions.

  5        For the purposes of this Schedule, where a person holds any office or

employment under the Crown on terms which do not constitute a contract

of employment between that person and the Crown—

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              (a)             he shall be regarded as employed by the Crown by virtue of a

contract of employment;

              (b)             the terms of his employment shall be regarded as constituting the

terms of that contract; and

              (c)             in relation to such a person, the reference in paragraph 4(2) to

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dismissal by the transferor is to termination of his employment by

the Crown.

Transitional

  6       (1)      Anything done by or in relation to the transferor for the purposes of or in

connection with anything transferred by paragraph 2 which is in effect

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immediately before it is transferred shall be treated as if done by or in

relation to the transferee.

          (2)      There may be continued by or in relation to the transferee anything

(including legal proceedings) relating to anything so transferred which is in

the process of being done by or in relation to the transferor immediately

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before it is transferred.

          (3)      A reference to the transferor in any document relating to anything so

transferred shall be taken (so far as necessary for the purposes of or in

consequence of the transfer) as a reference to the transferee.

          (4)      A transfer under paragraph 2 does not affect the validity of anything done

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by or in relation to the transferor before the transfer takes effect.

 

 

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

    140

 

Schedule 9

Section 143

 

Part 2: minor and consequential amendments

Public Records Act 1958 (c. 52)

  1        In Schedule 1 to the Public Records Act 1958 (definition of public records),

at the appropriate places in Part 2 of the Table at the end of paragraph 3

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insert the following entries—

                    “Commission for Healthcare Audit and Inspection”;

                    “Commission for Social Care Inspection”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

  2        In the Schedule to the Public Bodies (Admission to Meetings) Act 1960

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(bodies to which the Act applies), after paragraph (bf) of paragraph 1

insert—  

                    “(bg)                  the Commission for Healthcare Audit and Inspection;

                      (bh)                   the Commission for Social Care Inspection;”.

Parliamentary Commissioner Act 1967 (c. 13)

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  3        In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments

subject to investigation), at the appropriate places insert the following

entries—

                    “Commission for Healthcare Audit and Inspection.”;

                    “Commission for Social Care Inspection.”

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Local Authority Social Services Act 1970 (c. 42)

  4        In the Local Authority Social Services Act 1970, in Schedule 1, insert at the

end—

 

“Health and Social Care

  
 

(Community Health and

  

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Standards) Act 2003

  
 

    Section 112

Consideration of complaints.”

 

Superannuation Act 1972 (c. 11)

  5                 In Schedule 1 to the Superannuation Act 1972 (kinds of employment in

relation to which pension schemes may be made), at the appropriate places

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in the list of “Other Bodies” insert the following entries—

                            “The Commission for Healthcare Audit and Inspection.”;

                            “The Commission for Social Care Inspection.”.

 

 

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

    141

 

House of Commons Disqualification Act 1975 (c. 24)

  6        In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1

(bodies of which all members are disqualified), at the appropriate places

insert the following entries—

                    “Commission for Healthcare Audit and Inspection.”;

5

                    “Commission for Social Care Inspection.”.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

  7        In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of

Schedule 1 (bodies of which all members are disqualified), at the appropriate

places insert the following entries—

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                    “Commission for Healthcare Audit and Inspection.”;

                    “Commission for Social Care Inspection.”.

National Health Service Act 1977 (c. 49)

  8        In section 19A(2) of the 1977 Act, after paragraph (a) insert—

                    “(aa)                      a complaint under section 111(1) or (2) of the Health and

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Social Care (Community Health and Standards) Act 2003,”.

Children Act 1989 (c. 41)

  9       (1)      The Children Act 1989 has effect subject to the following amendments.

          (2)      In section 65(6)(a), for “the National Care Standards Commission” substitute

“the Commission for Social Care Inspection”.

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          (3)      In section 87(10)—

              (a)             in the definition of “appropriate authority”, in paragraph (a), for “the

National Care Standards Commission” substitute “the Commission

for Social Care Inspection”, and

              (b)             in the definition of “the Commission”, for “the National Care

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Standards Commission” substitute “the Commission for Social Care

Inspection”.

          (4)      In paragraph 20 of Schedule 2, at the end of paragraph (a) insert “and the

Commission for Social Care Inspection”.

Health Service Commissioners Act 1993 (c. 46)

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  10      (1)      The Health Service Commissioners Act 1993 has effect subject to the

following amendments.

          (2)      In section 4(4)(a), after “can be made” insert “under section 111(1) or (2) of

the Health and Social Care (Community Health and Standards) Act 2003 or”.

          (3)      In section 11, after subsection (1B) insert—

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              “(1C)                Where a Commissioner proposes to conduct an investigation

pursuant to a complaint under section 3(1E), he shall afford to the

person or body whose maladministration is complained of an

 

 

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

    142

 

opportunity to comment on any allegations contained in the

complaint.”

          (4)      In section 12(1A), for “or (1C)” substitute “(1C) or (1E)”.

          (5)      In section 14, after subsection (2D) insert—

              “(2E)                In any case where the Health Service Commissioner for England

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conducts an investigation pursuant to a complaint under section

3(1E) he shall send a report of the results of the investigation—

                    (a)                   to the person who made the complaint;

                    (b)                   to any member of the House of Commons who to the

Commissioner’s knowledge assisted in the making of the

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complaint (or if he is no longer a member to such other

member as the Commissioner thinks appropriate);

                    (c)                   to the person or body whose maladministration is

complained of;

                    (d)                   to any person or body whose action was complained of in the

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complaint made to the person or body whose

maladministration is complained of;

                    (e)                   to the Secretary of State.

              (2F)                In any case where the Health Service Commissioner for England

decides not to conduct an investigation pursuant to a complaint

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under section 3(1E) he shall send a statement of his reasons—

                    (a)                   to the person who made the complaint; or

                    (b)                   to any such member of the House of Commons as is

mentioned in subsection (2E)(b).”

          (6)      In section 14A, at the end insert—

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              “(4)                In any case where the Health Service Commissioner for Wales

conducts an investigation pursuant to a complaint under section

3(1E) he shall send a report of the results of the investigation—

                    (a)                   to the person who made the complaint;

                    (b)                   to any Assembly member who to the Commissioner’s

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knowledge assisted in the making of the complaint (or if he is

no longer an Assembly member to such other member as the

Commissioner thinks appropriate);

                    (c)                   to the person or body whose maladministration is

complained of;

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                    (d)                   to any person or body whose action was complained of in the

complaint made to the person or body whose

maladministration is complained of;

                    (e)                   to the Assembly First Secretary.

              (5)                In any case where the Health Service Commissioner for Wales

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decides not to conduct an investigation pursuant to a complaint

under section 3(1E) he shall send a statement of his reasons—

                    (a)                   to the person who made the complaint; or

                    (b)                   to any such member of the Assembly as is mentioned in

subsection (4)(b).”

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          (7)      In section 14B—

              (a)             for “14A(1)”, in each place, substitute “14A”, and

 

 

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

    143

 

              (b)             in subsection (2), for “or (1C)” substitute “(1C) or (1E)”.

Audit Commission Act 1998 (c. 18)

  11      (1)      The Audit Commission Act 1998 has effect subject to the following

amendments.

          (2)      In section 4, in subsection (7)—

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              (a)             in paragraph (a), after “bodies,” insert “the Commission for

Healthcare Audit and Inspection and”;

              (b)             in paragraph (b), after “bodies,” insert “the Commission for Social

Care Inspection and”; and

              (c)             in paragraph (c), after “case,” insert “the National Assembly for

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Wales and”.

          (3)      At the end of that section insert—

              “(8)                The Commission must obtain the agreement of the Commission for

Healthcare Audit and Inspection before preparing or altering

provisions of a code which—

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                    (a)                   are applicable to accounts which are or include accounts of

health service bodies; and

                    (b)                   concern the function under section 5(1)(e).”.

          (4)      In section 7—

              (a)             in subsection (2)(a), for “such organisations” substitute “the

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Commission for Healthcare Audit and Inspection and such other

organisations”; and

              (b)             in subsection (9), after paragraph (a) insert—

                           “(aa)                             the Commission for Healthcare Audit and

Inspection;”.

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          (5)      In section 33 (studies for improving economy etc in services), in subsection

(6), at the end insert—

                    “(d)                       in the case of a study which has a connection with English

local authority social services (within the meaning of Part 2 of

the Health and Social Care (Community Health and

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Standards) Act 2003), also consult the Commission for Social

Care Inspection; and

                    (e)                      in the case of a study which has a connection with Welsh local

authority social services (within the meaning of that Part of

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

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          (6)      In that section, after subsection (6) insert—

              “(7)                The following provisions of this section do not apply in relation to

the bodies specified in subsection (8)—

                    (a)                   subsection (1)(a);

                    (b)                   subsection (1)(b), so far as relating to management other than

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financial management;

                    (c)                   subsection (4).

              (8)                Those bodies are—

                    (a)                   any Primary Care Trust;

                    (b)                   any Strategic Health Authority;

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