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Health and Social Care (Community Health and Standards) Bill


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

141

 

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”.

      (3)  

In section 87(10)—

5

(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

Standards Commission” substitute “the Commission for Social Care

10

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)

10    (1)  

The Health Service Commissioners Act 1993 has effect subject to the

15

following amendments.

      (2)  

In section 4(4)(a), after “can be made” insert “under section 113(1) or (2) of

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

      (3)  

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

“(1C)   

Where a Commissioner proposes to conduct an investigation

20

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

person or body whose maladministration is complained of an

opportunity to comment on any allegations contained in the

complaint.”

      (4)  

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

25

      (5)  

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

“(2E)   

In any case where the Health Service Commissioner for England

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;

30

(b)   

to any member of the House of Commons who to the

Commissioner’s knowledge assisted in the making of the

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

35

complained of;

(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 Secretary of State.

40

(2F)   

In any case where the Health Service Commissioner for England

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

 

 

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

142

 

(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—

“(4)   

In any case where the Health Service Commissioner for Wales

conducts an investigation pursuant to a complaint under section

5

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

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

no longer an Assembly member to such other member as the

10

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

complaint made to the person or body whose

15

maladministration is complained of;

(e)   

to the Assembly First Secretary.

(5)   

In any case where the Health Service Commissioner for Wales

decides not to conduct an investigation pursuant to a complaint

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

20

(a)   

to the person who made the complaint; or

(b)   

to any such member of the Assembly as is mentioned in

subsection (4)(b).”

      (7)  

In section 14B—

(a)   

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

25

(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)—

30

(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

35

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—

40

(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—

 

 

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

143

 

(a)   

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

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

5

Inspection;”.

      (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

10

the Health and Social Care (Community Health and

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

15

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

      (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);

20

(b)   

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

financial management;

(c)   

subsection (4).

(8)   

Those bodies are—

(a)   

any Primary Care Trust;

25

(b)   

any Strategic Health Authority;

(c)   

any NHS trust (within the meaning of the National Health

Service Act 1977) all or most of whose hospitals,

establishments and facilities are situated in England.”

      (7)  

In section 34(6), after paragraph (b) insert—

30

“(ba)   

in the case of a study which has a connection with any

English local authority social service (within the meaning of

Part 2 of the Health and Social Care (Community Health and

Standards) Act 2003), the Commission for Social Care

Inspection;

35

(bb)   

in the case of a study which has a connection with any Welsh

local authority social service (within the meaning of that Part

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

      (8)  

In section 35 (studies at request of bodies subject to audit), at the end insert—

“(4)   

This section does not apply in relation to the bodies specified in

40

section 33(8).”

      (9)  

For section 37 substitute—

“37     

Assistance to CHAI and CSCI

(1)   

The Audit Commission may provide assistance to the Commission

for Healthcare Audit and Inspection or the Commission for Social

45

Care Inspection in the discharge of any of their functions under

 

 

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

144

 

Chapter 3 or 5 of Part 2 of the Health and Social Care (Community

Health and Standards) Act 2003.

(2)   

Assistance under subsection (1) may be provided on such terms,

including terms as to payment, as the Audit Commission and the

Commission in question may agree.”

5

     (10)  

In section 49(1)—

(a)   

after paragraph (b) insert—

“(ba)   

to the Commission for Social Care Inspection for the

purposes of its functions under Chapter 5 of Part 2of

the Health and Social Care (Community Health and

10

Standards) Act 2003;

(bb)   

to the National Assembly for Wales for the purposes

of its functions under Chapter 4 of that Part of that

Act;”,

(b)   

in paragraph (c), at the end insert “or for the purposes of the

15

functions of the Commission for Healthcare Audit and Inspection

under Chapter 3 of Part 2 of the Health and Social Care (Community

Health and Standards) Act 2003”.

Government of Wales Act 1998 (c. 38)

12         

In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A

20

substitute—

“12A.      

The Commission for Healthcare Audit and Inspection.”

Protection of Children Act 1999 (c. 14)

13         

In section 2A of the Protection of Children Act 1999, in subsection (2), for

paragraph (a) substitute—

25

“(a)   

the Commission for Social Care Inspection;

(aa)   

the Commission for Healthcare Audit and Inspection;”.

Local Government Act 1999 (c. 27)

14         

In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g)

substitute—

30

“(e)   

the Commission for Social Care Inspection;”.

Care Standards Act 2000 (c. 14)

15         

The Care Standards Act 2000 has effect subject to the following

amendments.

16         

In section 5, in paragraph (a), for “the National Care Standards Commission”

35

substitute—

“(i)   

the CHAI, in the case of independent hospitals,

independent clinics and independent medical

agencies;

(ii)   

the CSCI, in the case of children’s homes, care homes,

40

residential family centres, domiciliary care agencies,

 

 

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

145

 

nurses agencies, fostering agencies, voluntary

adoption agencies and adoption support agencies;”.

17    (1)  

Section 8 is amended as follows.

      (2)  

In subsection (3), for the words from “section 7” to “Commission” substitute

“section 5A or 5B is exercisable by the CHAI or the CSCI”.

5

      (3)  

At the end insert—

“(6)   

In this section, “Part II services” means services of the kind provided

by persons registered under Part II, other than the provision of—

(a)   

medical or psychiatric treatment, or

(b)   

listed services (as defined in section 2).”

10

18         

In section 10—

(a)   

subsection (1) is omitted; and

(b)   

in subsection (6)(b), for “by the Commission” substitute “by the

CHAI or the CSCI under this Act”.

19         

In section 11(4), for “the Commission” substitute “the CHAI or the CSCI”.

15

20         

In section 23(4)(d), after the second “or” insert “against a voluntary adoption

agency or adoption support agency for an offence under”.

21         

In section 29(1)—

(a)   

for “the Commission”, in the first place, substitute “the CHAI or the

CSCI (as appropriate)”, and

20

(b)   

for “the Commission”, in the second place, substitute “either the

CHAI or the CSCI”.

22         

In section 31—

(a)   

in subsection (6), for “powers” substitute “power”; and

(b)   

in subsection (7), for “the Commission” substitute “the CHAI or the

25

CSCI”.

23         

In section 36A for “the Commission”, in all places, substitute “the CSCI”.

24         

In section 42, at the end insert—

“(5)   

Regulations under subsection (1) made by the Secretary of State may

in particular specify whether, for the purposes of the application of

30

this Part to any person, the registration authority is to be the CHAI

or the CSCI.”

25         

In section 45(4)—

(a)   

omit “Subject to section 47(6)”;

(b)   

for “the Commission” substitute “the CSCI”; and

35

(c)   

at the end insert “; and an inspection under this section shall be

regarded for all purposes as undertaken under section 80 of the

Health and Social Care (Community Health and Standards) Act

2003”.

26         

In section 51(1), for the words from “in relation to” to “registration

40

authority” substitute “in England in relation to which powers conferred by

section 80 of the Health and Social Care (Community Health and Standards)

Act 2003 may be exercised to pay to the CSCI”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 9 — Recovery of NHS charges: exempted payments

146

 

27         

In section 55(3)(e)—

(a)   

for “the Commission” substitute “the CSCI”;

(b)   

for “section 31 or 46 of this Act” substitute “section 31 of this Act or

section 88 or 98 of the Health and Social Care (Community Health

and Standards) Act 2003”.

5

28         

In section 113, after subsection (1) insert—

“(1A)   

The powers conferred by this section are exercisable by the Secretary

of State if he is satisfied that—

(a)   

the CHAI or the CSCI has without reasonable excuse failed to

discharge, or properly to discharge, any of its functions

10

under this Act, or

(b)   

in discharging any of its functions under this Act the CHAI

or the CSCI has without reasonable excuse failed to comply

with any directions given by him in relation to those

functions.”

15

29         

In section 121, in the Table in subsection (13), insert the following entries at

the appropriate places—

 

“CHAI

Section 5A”; and

 
 

“CSCI

Section 5B”.

 

Freedom of Information Act 2000 (c. 36)

20

30         

In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the

appropriate places insert the following entries—

           

“Commission for Healthcare Audit and Inspection, in respect of

information held for purposes other than those of its functions

exercisable by virtue of paragraph 5(a)(i) of the Care Standards

25

Act 2000.”;

           

“Commission for Social Care Inspection, in respect of information held

for purposes other than those of its functions exercisable by virtue

of paragraph 5(a)(ii) of the Care Standards Act 2000.”.

Adoption and Children Act 2002 (c. 38)

30

31         

In section 99 of the Adoption and Children Act 2002, for “the National Care

Standards Commission” substitute “the Commission for Social Care

Inspection”.

Schedule 9

Section 150

 

Recovery of NHS charges: exempted payments

35

1          

Any payment made to or for the injured person under—

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 9 — Recovery of NHS charges: exempted payments

147

 

(a)   

section 130 of the Powers of Criminal Courts (Sentencing) Act 2000

(c. 6) (compensation orders against convicted persons),

(b)   

section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46)

(corresponding provision in relation to Scotland), or

(c)   

Article 14 of the Criminal Justice (Northern Ireland) Order 1994 (S.I.

5

1994/2795 (N.I. 15)) (corresponding provision in relation to

Northern Ireland).

2          

Any payment made in the exercise of a discretion out of property held

subject to a trust in a case where no more than 50 per cent by value of the

capital contributed to the trust was directly or indirectly provided by

10

persons who are, or are alleged to be, liable in respect of—

(a)   

the injury suffered by the injured person, or

(b)   

any connected injury suffered by another.

3          

Any payment made out of property held for the purposes of a prescribed

trust.

15

4     (1)  

Any payment made to the injured person by an insurer under the terms of

any contract of insurance entered into between the injured person and the

insurer before the occurrence of the injury in question.

      (2)  

In sub-paragraph (1), “insurer” means—

(a)   

a person who has permission under Part 4 of the Financial Services

20

and Markets Act 2000 (c. 8) to effect or carry out contracts of

insurance, or

(b)   

an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3

to that Act which has permission under paragraph 15 of that

Schedule (as a result of qualifying for authorisation under paragraph

25

12 of that Schedule) to effect or carry out contracts of insurance.

      (3)  

Sub-paragraph (2) must be read with—

(a)   

section 22 of the Financial Services and Markets Act 2000,

(b)   

any relevant order under that section, and

(c)   

Schedule 2 to that Act.

30

5          

Any payment which apart from this paragraph would be made by—

(a)   

the responsible body of the health service hospital to whom the

payment would subsequently be passed under section 162,

(b)   

the relevant ambulance trust to whom the payment would

subsequently be passed under that section.

35

6          

Any payment to the extent that it is made—

(a)   

in consequence of an action under the Fatal Accidents Act 1976

(c. 30),

(b)   

in consequence of an action under the Fatal Accidents (Northern

Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or

40

(c)   

in circumstances where, had an action been brought, it would have

been brought under that Act or Order.

7          

Any payment to the extent that it is made in respect of a liability arising by

virtue of section 1 of the Damages (Scotland) Act 1976 (c. 13).

8          

Any payment of a prescribed description, either generally or in such

45

circumstances as may be prescribed.

 

 

 
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