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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 7 — Functions under the Care Standards Act 2000

    42

 

     (3)    Its functions under that Part are transferred to the CSCI insofar as they relate

to—

           (a)           children’s homes;

           (b)           care homes;

           (c)           residential family centres;

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           (d)           domiciliary care agencies;

           (e)           nurses agencies;

           (f)           fostering agencies;

           (g)           voluntary adoption agencies; and

           (h)           adoption support agencies.

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     (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

Care Standards Commission under Part 3 of that Act are transferred to the

CSCI.

 101   General functions of CHAI

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In the Care Standards Act 2000 (c. 14), after section 5 insert—

       “5A            General duties of Commission for Healthcare Audit and Inspection

           (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—

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                  (a)                 the provision in England of independent health services; and

                  (b)                 in particular, the availability and quality of the services.

           (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

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provided in England available to the public.

           (4)           When asked to do so by the Secretary of State, the CHAI shall give him

advice or information on such matters relating to the provision in

England of independent health services as may be specified in his

request.

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           (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

purpose of securing improvement in the quality of independent

health 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

such services.

           (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.

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           (7)           The Secretary of State may by regulations confer additional functions

on the CHAI in relation to the provision in England of independent

health services.

 

 

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

    43

 

           (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 (c. 14), after section 5A (inserted by section 101

above) insert—

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       “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—

                  (a)                 the provision in England of registered social care services; and

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                  (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

provided in England available to the public.

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           (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.

           (5)           The CSCI may at any time give advice to the Secretary of State on—

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                  (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;

                  (b)                 any other matter connected with the provision in England of

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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.

           (7)           The Secretary of State may by regulations confer additional functions

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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

authority.”

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 103    Fees

     (1)    The Care Standards Act 2000 is amended as follows.

     (2)    After section 113 insert—

       “113A   Fees payable under Part 2

           (1)           The CHAI and the CSCI may each from time to time make and publish

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provision determining the amount of any fee payable to it under Part 2.

 

 

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

    44

 

           (2)           Provision under subsection (1) may include provision—

                  (a)                 for different amounts to be payable in different cases, or classes

of case;

                  (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.

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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”.

 

 

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

    45

 

Miscellaneous

 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”.

5

 105   Children’s homes providing secure accommodation

     (1)    In section 4 of the Care Standards Act 2000 (basic definitions), in subsection

(8)(a) (references to a description of establishment), after “children’s home”

insert “, a children’s home providing accommodation for the purpose of

restricting liberty,”.

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     (2)    In section 22 of that Act (regulations), in subsection (8) (regulations relating to

children’s homes)—

           (a)           omit paragraph (a), and

           (b)           in paragraph (b), for “mentioned in paragraph (a)” substitute “of

restricting liberty”.

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 106   Information and inspection

     (1)    Section 31 of the Care Standards Act 2000 (inspections by persons authorised

by registration authority) is amended as follows.

     (2)    After subsection (1), insert—

           “(1A)              The power under subsection (1) to require the provision of information

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includes—

                  (a)                 power to require the provision of copies of any documents or

records (including medical and other personal records); and

                  (b)                 in relation to records kept by means of a computer, power to

require the provision of the records in legible form.”

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     (3)    In subsection (3)—

           (a)           in paragraph (b), for “(other than medical records)” substitute

“(including medical and other personal records)”; and

           (b)           in paragraph (d), for “employed” substitute “working”.

     (4)    In subsection (6), omit “and inspect any medical records relating to his

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treatment in the establishment”.

 107   Assembly: duties relating to children

In section 8 of the Care Standards Act 2000 (general functions of the Assembly),

at the end insert—

           “(6)               The Assembly must have particular regard to the need to safeguard

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and promote the rights and welfare of children in the exercise of—

                  (a)                 its functions exercisable by virtue of section 5(b) and

subsections (1) to (3) of this section; and

                  (b)                 any other functions exercisable by the Assembly corresponding

to functions exercisable by the CSCI in relation to England.”

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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    46

 

Chapter 8

Other functions of CSCI

 108   Boarding schools and colleges

The functions of the National Care Standards Commission under section 87 of

the Children Act 1989 (c. 41) (welfare of children accommodated in boarding

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schools and colleges) are transferred to the CSCI.

 109   Boarding schools and colleges: reports

In section 87 of the Children Act 1989, after subsection (9) insert—

           “(9A)                            Where the Commission or the National Assembly for Wales exercises

the power conferred by subsection (5), it must publish a report.

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           (9B)              The Commission and the National Assembly for Wales must each make

copies of any report published by it under this section available for

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

           (9C)                            Any person who requests a copy of a report published under this

section is entitled to have one on payment of such reasonable fee (if

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any) as the Commission or the National Assembly for Wales (as the

case may be) considers appropriate.”

 110   Secure training centres

     (1)    The CSCI and the Secretary of State may make arrangements for the CSCI to

conduct inspections of secure training centres in England.

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     (2)    Inspections under this section shall be on such terms, including terms as to

payment of the CSCI, as the CSCI and Secretary of State may agree in the

arrangements.

     (3)    In this section, “secure training centre” has the same meaning as in section

43(1)(d) of the Prison Act 1952 (c. 52).

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Chapter 9

Complaints

 111   Complaints about health care

     (1)    The Secretary of State may by regulations make provision about the handling

and consideration of complaints made under the regulations about—

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           (a)           the exercise of any of the functions of an English NHS body or a cross-

border SHA;

           (b)           the provision of health care by or for such a body;

           (c)           the provision of services by such a body or any other person in

pursuance of arrangements made by the body under section 31 of the

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Health Act 1999 (c. 8) in relation to the exercise of the health-related

functions of a local authority.

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    47

 

     (2)    The Assembly may by regulations make provision about the handling and

consideration of complaints made under the regulations about—

           (a)           the exercise of any of the functions of a Welsh NHS body;

           (b)           the provision of health care by or for a Welsh NHS body;

           (c)           the provision of services by a Welsh NHS body or any other person in

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pursuance of arrangements made by the body under section 31 of the

Health Act 1999 (c. 8) in relation to the exercise of the health-related

functions of a local authority.

     (3)    Regulations under this section may provide for a complaint to be considered

by one or more of the following—

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           (a)           an NHS body;

           (b)           the CHAI;

           (c)           an independent lay person;

           (d)           an independent panel established under the regulations;

           (e)           any other person or body.

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     (4)    Regulations under this section may make provision for a complaint or any

matter raised by a complaint—

           (a)           to be referred to a Health Service Commissioner for him to consider

whether to investigate the complaint or matter under the Health

Service Commissioners Act 1993 (c. 46) (and to be treated by him as a

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complaint duly referred to him under section 10 of that Act);

           (b)           to be referred to any other person or body for him or it to consider

whether to take any action otherwise than under the regulations.

 112   Complaints about social services

     (1)    The Secretary of State may by regulations make provision about the handling

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and consideration of complaints made under the regulations about—

           (a)           the discharge by a local authority in England of any of its social services

functions;

           (b)           the provision of services by another person pursuant to arrangements

made by such an authority in the discharge of those functions;

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           (c)           the provision of services by such an authority or any other person in

pursuance of arrangements made by the authority under section 31 of

the Health Act 1999 in relation to the functions of an NHS body (within

the meaning of that section).

     (2)    Regulations under subsection (1) may provide for a complaint to be considered

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by one or more of the following—

           (a)           the local authority in respect of whose functions the complaint is made;

           (b)           the CSCI;

           (c)           an independent panel established under the regulations;

           (d)           any other person or body.

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     (3)    The Assembly may by regulations make provision about the handling and

consideration of complaints made under the regulations about—

           (a)           the discharge by a local authority in Wales of any of its social services

functions;

           (b)           the provision of services by another person pursuant to arrangements

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made by such an authority in the discharge of those functions;

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 9 — Complaints

    48

 

           (c)           the provision of services by such an authority or any other person in

pursuance of arrangements made by the authority under section 31 of

the Health Act 1999 (c. 8) in relation to the functions of an NHS body

(within the meaning of that section).

     (4)    Regulations under subsection (3) may provide for a complaint to be considered

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by one or more of the following—

           (a)           the local authority in respect of whose functions the complaint is made;

           (b)           an independent panel established under the regulations;

           (c)           any other person or body.

     (5)    Regulations under this section may provide for a complaint or any matter

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raised by a complaint—

           (a)           in the case of regulations under subsection (1), to be referred to a Local

Commissioner under Part 3 of the Local Government Act 1974 (c. 7)

who is a member of the Commission for Local Administration in

England for him to consider whether to investigate the complaint or

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matter under that Part (and to be treated as if it had been duly made

under section 26 of that Act);

           (b)           in the case of regulations under subsection (3), to be referred to a Local

Commissioner under Part 3 of the Local Government Act 1974 who is a

member of the Commission for Local Administration in Wales for him

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to consider whether to investigate the complaint or matter under that

Part (and to be treated as if it had been duly made under section 26 of

that Act);

           (c)           to be referred to any other person or body for him or it to consider

whether to take any action otherwise than under the regulations.

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     (6)    Regulations under this section may not make provision about complaints

capable of being considered as representations under section 24D or section 26

of the Children Act 1989 (c. 41).

 113   Complaints regulations: supplementary

     (1)    Regulations under subsection (1) or (2) of section 111 or under subsection (1) or

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(3) of section 112 (“the regulations”) may, without prejudice to the generality

of the subsection under which they are made, make the following provision.

     (2)    The regulations may make provision about—

           (a)           the persons who may make a complaint;

           (b)           the complaints which may, or may not, be made under the regulations;

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           (c)           complaints which need not be considered;

           (d)           the period within which complaints must be made;

           (e)           the procedure to be followed in making and considering a complaint;

           (f)           matters which are excluded from consideration;

           (g)           the making of a report or recommendations about a complaint;

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           (h)           the action to be taken as a result of the complaint.

     (3)    The regulations may require—

           (a)                         the making of a payment, in relation to the consideration of a complaint

under the regulations, by any person or body in respect of whom the

complaint is made;

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           (b)                         any such payment to be—

 

 

 
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