House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    54

 

 121   Power to assist

     (1)    The CHAI or the CSCI may if it thinks it appropriate to do so provide

assistance to any other public body in the United Kingdom for the purpose of

the exercise by that body of its functions.

     (2)    The CHAI may if it thinks it appropriate to do so provide assistance to the

5

regulator for the purpose of the exercise of the regulator’s functions.

     (3)    Assistance provided by the CHAI or the CSCI under this section may be

provided on such terms, including terms as to payment, as it thinks fit.

Arrangements with public authorities

 122   Arrangements with Ministers etc: CHAI

10

     (1)    Arrangements may be made between the CHAI and a Minister of the Crown —

           (a)           for the CHAI to perform any of its functions in relation to any

prescribed health scheme for which the Minister has responsibility; or

           (b)           for the CHAI to provide services or facilities in so far as they are

required by the Minister in connection with any such health scheme.

15

     (2)    Arrangements may be made between the CHAI and a Northern Ireland

Minister—

           (a)           for the CHAI to perform on behalf of the Minister any functions of the

Minister which—

                  (i)                 correspond to any functions of the CHAI; and

20

                  (ii)                relate to the Northern Irish health service;

           (b)           for the CHAI to provide services or facilities in so far as they are

required by the Minister in connection with the exercise by him of any

such functions.

     (3)    Arrangements under this section may be made on such terms and conditions

25

as may be agreed between the parties to the arrangements.

     (4)    Those terms and conditions may include provision with respect to the making

of payments to the CHAI in respect of the cost to it of performing or providing

any functions, services or facilities under the arrangements.

     (5)    Any arrangements under subsection (2)(a) are not to affect the responsibility of

30

the Northern Ireland Minister on whose behalf any functions are exercised.

     (6)    In this section—

                    “health scheme” means any scheme which appears to the Secretary of

State to be a health or medical scheme paid for out of public funds;

                    “Northern Ireland Minister” includes the First Minister, the deputy First

35

Minister and a Northern Ireland department;

                    “Northern Irish health service” means any of the health services under

any enactment which extends to Northern Ireland and which

corresponds to section 1(1) of the 1977 Act.

 123   Arrangements with Ministers etc: CSCI

40

     (1)    Arrangements may be made between the CSCI and a Minister of the Crown—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    55

 

           (a)           for the CSCI to advise the Minister with respect to the provision of any

services for which the Minister has responsibility which are similar to

English local authority social services; or

           (b)           for the CSCI to review, and conduct inspections in relation to, the

provision of any such services.

5

     (2)    Arrangements may be made between the CSCI and a Northern Ireland

Minister for the CSCI to advise and assist the Northern Ireland Minister with

respect to the provision of any services for which the Minister has

responsibility which are similar to English local authority social services.

     (3)    Arrangements under this section may be made on such terms and conditions

10

as may be agreed between the parties to the arrangements.

     (4)    Those terms and conditions may include provision with respect to the making

of payments to the CSCI in respect of the cost to it of performing or providing

any functions, services or facilities under the arrangements.

     (5)    In this section “Northern Ireland Minister” has the same meaning as in section

15

122.

 124   Arrangements with the Isle of Man and Channel Islands: CHAI

     (1)    The CHAI may make arrangements with—

           (a)           the Government of the Isle of Man,

           (b)           the States of Jersey, or

20

           (c)           the States of Guernsey,

            for the CHAI to advise and assist that authority with respect to the provision

of health care by them or on their behalf.

     (2)    The terms and conditions of arrangements under this section may include

provision with respect to the making of payments to the CHAI in respect of the

25

cost to it of performing or providing any functions, services or facilities under

the arrangements.

 125   Arrangements with the Isle of Man and Channel Islands: CSCI

     (1)    The CSCI may make arrangements with—

           (a)           the Government of the Isle of Man,

30

           (b)           the States of Jersey, or

           (c)           the States of Guernsey,

            for the CSCI to advise and assist that authority with respect to the provision of

any services which are similar to English local authority social services.

     (2)    The terms and conditions of arrangements under this section may include

35

provision with respect to the making of payments to the CSCI in respect of the

cost to it of performing or providing any functions, services or facilities under

the arrangements.

Reports

 126   Reports: CHAI

40

     (1)    As soon as possible after the end of each financial year the CHAI must make a

report on each of the following—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    56

 

           (a)           the way in which it has exercised its functions during the year;

           (b)           the provision of health care by or for NHS bodies;

           (c)                         what it has found in the course of exercising its functions during the

year in relation to the persons for whom it is the registration authority

under the Care Standards Act 2000 (c. 14).

5

     (2)    The CHAI must lay before Parliament a copy of each report made under this

section.

     (3)    The CHAI must send a copy of each report made under this section to the

Secretary of State and the Assembly.

     (4)    The CHAI must also provide the Secretary of State with such reports and

10

information relating to the exercise of its functions as he may from time to time

request.

 127   Reports: CSCI

     (1)    As soon as possible after the end of each financial year the CSCI must make a

report on each of the following—

15

           (a)           the way in which it has exercised its functions during the year;

           (b)           what it has found in the course of exercising its functions during the

year.

     (2)    The CSCI must lay before Parliament a copy of each report made under this

section.

20

     (3)    The CSCI must send a copy of each such report to the Secretary of State.

     (4)    The CSCI must also provide the Secretary of State with such reports and

information relating to the exercise of its functions as he may from time to time

require.

Relationship with government

25

 128   Duty to have regard to government policy: CHAI

     (1)    In exercising any of its functions the CHAI must have regard to such aspects of

government policy as the Secretary of State may direct.

     (2)    Subsection (1) does not apply in relation to any of the CHAI’s functions under

section 47(1), 48, 50 or 52.

30

     (3)    In exercising any of its functions under any of the sections referred to in

subsection (2)—

           (a)           where the exercise relates to the provision of health care by or for an

English NHS body or cross-border SHA, the CHAI must have regard to

such aspects of government policy as the Secretary of State may direct;

35

and

           (b)           where the exercise relates to the provision of health care by or for a

Welsh NHS body, the CHAI must have regard to such aspects of the

Assembly’s policy as the Assembly may direct.

     (4)    In relation to any function conferred on the CHAI under subsection (1)(a) of

40

section 58, regulations under that section may do either or both of the

following—

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 10 — Supplementary and general

    57

 

           (a)           they may disapply subsection (1) of this section in relation to that

function;

           (b)           they may require the CHAI, in exercising the function in relation to the

provision of health care by or for a Welsh NHS body, to have regard to

such aspects of the Assembly’s policy as the Assembly may direct.

5

     (5)    A direction under this section—

           (a)           must be given in writing;

           (b)           may be varied or revoked by a further direction under this section.

 129   Duty to have regard to government policy: CSCI

     (1)    In exercising any of its functions the CSCI must have regard to such aspects of

10

government policy as the Secretary of State may direct in writing.

     (2)    A direction given under this section may be varied or revoked by a further such

direction.

 130   Failure in discharge of functions: CHAI

     (1)    Where the Secretary of State considers that the CHAI is to a significant extent—

15

           (a)           failing to discharge any of its functions under this Act; or

           (b)           failing properly to discharge any of those functions;

            he may give a direction to the CHAI.

     (2)    The Secretary of State must consult the Assembly before giving a direction

under this section in respect of a failure which—

20

           (a)           relates to any function of the CHAI under section 47(1), 48, 50 or 52; and

           (b)           relates to the provision of health care by or for a Welsh NHS body.

     (3)    Regulations under section 58 may, in relation to any function conferred on the

CHAI under subsection (1)(a) of that section, provide that—

           (a)           the Assembly, and not the Secretary of State, may give directions to the

25

CHAI under subsection (1);

           (b)           the Assembly, as well as the Secretary of State, may give directions to

the CHAI under subsection (1).

     (4)    The CHAI must comply with any direction given to it under this section.

     (5)    A direction given under this section—

30

           (a)           must be given in writing;

           (b)           may be varied or revoked by a further direction under this section.

 131   Failure in discharge of functions: CSCI

     (1)    Where the Secretary of State considers that the CSCI is to a significant extent—

           (a)           failing to discharge any of its functions under this Act or the Children

35

Act 1989 (c. 41), or

           (b)           failing properly to discharge any of those functions,

            he may give it a direction in writing.

     (2)    The CSCI must comply with any such direction.

     (3)    A direction given under this section may be varied or revoked by a further such

40

direction.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 24 October 2003