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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 5 — Social services: functions of CSCI

    35

 

     (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;

5

           (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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           (a)           the manner in which provision under subsection (1) is to be made and

published;

           (b)           the matters to be taken into account by the CSCI before making the

provision.

     (5)    Before making any provision under subsection (1) the CSCI must consult such

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persons as appear to it appropriate.

     (6)    The Secretary of State may by regulations make provision for an independent

person or panel to review the amount chargeable under subsection (1) in any

particular case and, if that person or panel thinks fit, to substitute a lesser

amount for that amount.

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     (7)    For the purpose of determining the fee payable by a local authority under

subsection (1) it must provide the CSCI with such information, in such form, as

the CSCI may require.

     (8)    A fee payable by virtue of this section may, without prejudice to any other

method of recovery, be recovered summarily as a civil debt.

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 85    Reports and information

     (1)    The CSCI must make copies of any report published by it under this Chapter

available for inspection at its offices by any person at any reasonable time.

     (2)    Any person who requests a copy of such a report is entitled to have one on

payment of such reasonable fee (if any) as the CSCI considers appropriate.

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     (3)    The CSCI may charge a person such reasonable fee as it considers appropriate

where it provides him, at his request, with any other information relevant to

the discharge of the CSCI’s functions under this Chapter.

 86    Right of entry

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

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

enter and inspect—

           (a)           any premises owned or controlled by a local authority in England; or

           (b)           any premises falling within subsection (2), other than premises used

wholly or mainly as a private dwelling.

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     (2)    The premises referred to in subsection (1)(b) are premises—

           (a)           which are used, or proposed to be used, by any person in connection

with the provision of an English local authority social service; or

 

 

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

    36

 

           (b)           which the CSCI 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

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

showing his authority to exercise the power.

5

 87    Right of entry: supplementary

     (1)    A person authorised by virtue of section 86 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) relating to the discharge by the

10

local authority of its social services functions;

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

           (c)           interview in private—

                  (i)                 any person working at the premises; or

                  (ii)                any person accommodated or cared for there who consents to

15

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.

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

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

20

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.

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

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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 86 to enter and inspect premises

may—

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           (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 86 or this section; and

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

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

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     (5)    Any person who without reasonable excuse—

           (a)           obstructs the exercise of any power conferred by section 86 or this

section, or

           (b)           fails to comply with any requirement of section 86 or this section,

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

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level 4 on the standard scale.

 88    Power to require information etc

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

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

records) or other items—

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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

    37

 

           (a)           which relates or relate to the discharge by a local authority in England

of its social services functions; and

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

purposes of this Chapter.

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

5

           (a)           the local authority;

           (b)           a person providing an English local authority social service for the

authority; or

           (c)           any NHS body.

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

10

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

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

15

 89    Power to require explanation

     (1)    The Secretary of State may by regulations make provision requiring prescribed

persons to provide to the CSCI, or to persons authorised by it, an explanation

of—

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

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sections 86 to 88,

           (b)           any information provided under those sections, or

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

CSCI under this Chapter,

            in cases where the CSCI considers the explanation necessary or expedient for

25

the purposes of this Chapter.

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

such times and places as may be specified by the CSCI.

     (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

30

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

Chapter 6

Social services: functions of National Assembly for Wales

Provision of social services

 90    General function

35

The Assembly has the general function of encouraging improvement in the

provision of Welsh local authority social services.

 91    Reviews of studies and research

     (1)    The Assembly may review—

 

 

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

    38

 

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

of Welsh local authority social services;

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

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

     (2)    Where the Assembly conducts a review under this section it must publish such

5

report as it considers appropriate.

 92    Reviews and investigations

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

into, the way in which local authorities in Wales discharge their social services

functions.

10

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

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

services;

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

a particular description; or

15

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

authority social service by a particular person or persons.

     (3)    The Assembly may in a review under subsection (2)—

           (a)           assess performance against criteria;

           (b)           award performance ratings.

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     (4)    For the purposes of this section the Assembly may carry out an inspection of—

           (a)           any local authority in Wales;

           (b)           any other person providing a Welsh local authority social service.

     (5)    Where the Assembly conducts a review or investigation under this section, it

must publish a report.

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     (6)    The Assembly may by regulations require a local authority in Wales to pay a

fee to the Assembly in respect of the exercise of the Assembly’s function under

this section in relation to the functions referred to in section 43(3)(a) and (b) of

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

     (7)    A fee under this section shall be of such amount, and shall be payable at such

30

a time, as may be specified in the regulations.

     (8)    A fee payable by virtue of this section may, without prejudice to any other

method of recovery, be recovered summarily as a civil debt.

 93    Studies as to economy, efficiency etc

     (1)    The Assembly may promote or undertake comparative or other studies

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designed to enable it to make recommendations—

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

by local authorities in Wales of their social services functions;

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

discharge of those functions.

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

prepare reports as to the impact of the operation of any particular statutory

 

 

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

    39

 

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

authorities in Wales of their social services functions.

     (3)    The Assembly must publish or otherwise make available—

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

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

5

     (4)    The Assembly and the Audit Commission must co-operate with each other

with respect to the exercise of their respective functions under this section and

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

 94    Additional functions

The Assembly shall have such additional functions in relation to the provision

10

of Welsh local authority social services as—

           (a)           correspond to functions conferred on the CSCI by or under this Act;

and

           (b)           are specified by the Assembly in regulations.

 95    General considerations

15

     (1)    This section applies for the purpose of the exercise by the Assembly of its

functions—

           (a)           under sections 90 to 93; and

           (b)           under regulations under section 94.

     (2)    The Assembly shall be concerned in particular with—

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

           (b)           the quality and effectiveness of the services;

           (c)           the management of the services;

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

money;

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           (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

specified in paragraph (e).

Ancillary powers

30

 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

time enter and inspect—

           (a)                         any premises owned or controlled by a local authority in Wales;

35

           (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—

           (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

40

           (b)           which the Assembly reasonably believes to be so used, or proposed to

be so used.

 

 

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

    40

 

     (3)    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.

 97    Right of entry: supplementary

     (1)    A person authorised by virtue of section 96 to enter and inspect premises may,

5

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) relating to the discharge by the

local authority of its social services functions;

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

10

           (c)           interview in private—

                  (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

15

premises and treatment of persons accommodated or cared for there.

     (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

20

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

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

25

the records in question.

     (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

30

him to exercise his powers under section 96 or this section;

           (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

35

section, or

           (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

40

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

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

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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

    41

 

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

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

5

authority; or

           (c)           any NHS body.

     (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.

10

     (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.

 99    Power to require explanation

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

15

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

explanation of—

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

sections 96 to 98,

           (b)           any information provided under those sections, or

20

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

Assembly under this Chapter,

            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

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such times and places as may be specified by the Assembly.

     (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 7

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Functions under the Care Standards Act 2000

Functions of CHAI and CSCI

 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

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accordance with subsections (2) and (3).

     (2)    Its functions under that Part are transferred to the CHAI insofar as they relate

to—

           (a)           independent hospitals;

           (b)           independent clinics; and

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           (c)           independent medical agencies.

 

 

 
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