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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 6 — CSCI: supplementary

134

 

      (2)  

The Assembly may make payments to the CHAI of such amounts, at such

times and on such conditions (if any) as it considers appropriate.

      (3)  

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

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

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

5

      (4)  

The Assembly may make loans to the CHAI on such terms (including terms

as to repayment and interest) as it may determine.

      (5)  

Except as provided by this paragraph, the CHAI has no power to borrow

money.

Accounts

10

10    (1)  

The CHAI must keep its accounts in such form as the Secretary of State may

determine.

      (2)  

The CHAI must prepare annual accounts in respect of each financial year in

such form as the Secretary of State may determine.

      (3)  

The CHAI must send copies of the annual accounts to the Secretary of State

15

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

20

before Parliament.

Seal and evidence

11         

The application of the seal of the CHAI must be authenticated by the

signature—

(a)   

of any member of the CHAI, or

25

(b)   

of any other person who has been authorised by the CHAI (whether

generally or specifically) for that purpose.

12         

A document purporting to be duly executed under the seal of the CHAI 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.

30

Schedule 6

Section 42(2)

 

CSCI: supplementary

Status

1     (1)  

The CSCI’s property is not to be regarded as property of, or property held

on behalf of, the Crown.

35

      (2)  

The CSCI is not to be regarded as the servant or agent of the Crown or as

enjoying any status, immunity or privilege of the Crown.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 6 — CSCI: supplementary

135

 

General powers and duties

2     (1)  

The CSCI may do anything which appears to it to be necessary or expedient

for the purpose of, or in connection with, the exercise of its functions.

      (2)  

That includes, in particular—

(a)   

co-operating with other public authorities in the United Kingdom,

5

(b)   

acquiring and disposing of land and other property,

(c)   

entering into contracts, and

(d)   

providing training.

      (3)  

It is the duty of the CSCI to carry out its functions effectively, efficiently and

economically.

10

Chairman and other members

3     (1)  

The CSCI is to consist of a chairman and other members appointed by the

body specified in section 187(4).

      (2)  

The Secretary of State may in the prescribed manner remove the chairman

or any other member from office if (and only if) the Secretary of State is

15

satisfied that that person—

(a)   

is unable or unfit to carry out the duties of his office,

(b)   

is failing to carry out the duties of his office, or

(c)   

has become disqualified from holding office.

      (3)  

The Secretary of State may by regulations make provision as to—

20

(a)   

the appointment of the chairman and other members (including the

number, or limits on the number, of members who may be appointed

and any conditions to be fulfilled for appointment), and

(b)   

subject to this paragraph, the tenure of office of the chairman and

other members (including the circumstances in which they cease to

25

hold office, become disqualified from holding office or may be

suspended from office).

      (4)  

Regulations under sub-paragraph (3)(b) relating to the suspension of a

person from office may only provide for suspension where it appears to the

Secretary of State that one of the conditions referred to in sub-paragraph (2)

30

is or may be satisfied in relation to that person.

Remuneration of chairman and other members

4     (1)  

The CSCI may pay to its chairman, or to any other member, such

remuneration and allowances as the Secretary of State may determine.

      (2)  

If the Secretary of State so determines, the CSCI must pay or make provision

35

for the payment of such pension, allowance or gratuities as the Secretary of

State may determine to or in respect of a person who is or has been the

chairman or other member of the CSCI.

      (3)  

If the Secretary of State determines that there are special circumstances that

make it right for a person ceasing to hold office as chairman of the CSCI to

40

receive compensation, the CSCI must pay to him, or make provision for the

payment to him of, such compensation as the Secretary of State may

determine.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 6 — CSCI: supplementary

136

 

Employees

5     (1)  

The CSCI must appoint a chief executive (to be known as the “Chief

Inspector of Social Care”), who is to be an employee of the CSCI.

      (2)  

The CSCI must also appoint a Children’s Rights Director who is to be an

employee of the CSCI and is to have such functions as may be prescribed.

5

      (3)  

The CSCI may appoint such other employees as it considers appropriate.

      (4)  

Employees of the CSCI are to be appointed on such terms and conditions as

it may determine.

      (5)  

Without prejudice to its other powers, the CSCI may pay, or make provision

for the payment of—

10

(a)   

pensions, allowances or gratuities, or

(b)   

compensation for loss of employment or reduction of remuneration,

           

to or in respect of its employees.

Procedure

6     (1)  

The CSCI may—

15

(a)   

appoint such committees and sub-committees (which may consist of

or include persons who are not members of the CSCI) as it thinks fit;

(b)   

pay such remuneration and allowances to members of its committees

and sub-committee as it thinks fit.

      (2)  

The CSCI may in all other respects regulate its own procedure.

20

      (3)  

The validity of the proceedings of the CSCI is not affected by any defect in

the appointment of a member or any vacancy in membership.

Discharge of functions

7     (1)  

The CSCI may arrange for—

(a)   

any of its committees, sub-committees, members or employees, or

25

(b)   

any other person,

           

to exercise any of its functions on its behalf.

      (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,

30

such persons.

Assistance

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.

35

      (2)  

Such arrangements may include provision with respect to the payment of

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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 7 — CHAI and CSCI: transfers of property and staff, etc

137

 

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

5

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

10

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

15

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

20

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

25

(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.

30

Schedule 7

Section 43

 

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

35

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;

40

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 7 — CHAI and CSCI: transfers of property and staff, etc

138

 

(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

5

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

10

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.

15

      (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

20

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—

25

(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.

30

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

35

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

40

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—

45

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

139

 

(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

5

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

10

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

15

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

20

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

Schedule 8

Section 147

 

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),

25

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

insert the following entries—

           

“Commission for Healthcare Audit and Inspection”;

           

“Commission for Social Care Inspection”.

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

30

2          

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

(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;”.

35

Parliamentary Commissioner Act 1967 (c. 13)

3          

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

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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

140

 

entries—

           

“Commission for Healthcare Audit and Inspection.”;

           

“Commission for Social Care Inspection.”

Local Authority Social Services Act 1970 (c. 42)

4          

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

5

end—

 

“Health and Social Care

  
 

(Community Health and

  
 

Standards) Act 2003

  
 

    Section 114

Consideration of complaints.”

 

10

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

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

           

“The Commission for Healthcare Audit and Inspection.”;

15

           

“The Commission for Social Care Inspection.”.

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—

20

           

“Commission for Healthcare Audit and Inspection.”;

           

“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

25

places insert the following entries—

           

“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—

30

“(aa)   

a complaint under section 113(1) or (2) of the Health and

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

 

 

 
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