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 6 — Social services: functions of National Assembly for Wales

43

 

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 98 to enter and inspect premises

may—

(a)   

require any person to afford him such facilities and assistance with

5

respect to matters within the person’s control as are necessary to enable

him to exercise his powers under section 98 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—

10

(a)   

obstructs the exercise of any power conferred by section 98 or this

section, or

(b)   

fails to comply with any requirement of section 98 or this section,

   

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

level 4 on the standard scale.

15

100     

Power to require information

(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

20

its social services functions; and

(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;

25

(b)   

a person providing a Welsh 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

relation to records kept by means of a computer, power to require the

30

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.

101     

Power to require explanation

35

(1)   

The Assembly may by regulations make provision requiring prescribed

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 98 to 100,

40

(b)   

any information provided under those sections, or

(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.

45

 

 

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

44

 

(2)   

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

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.

5

Chapter 7

Functions under the Care Standards Act 2000

Functions of CHAI and CSCI

102     

Transfer of functions to CHAI and CSCI

(1)   

The functions of the National Care Standards Commission under Part 2 of the

10

Care Standards Act 2000 (c. 14) (registration and standards) are transferred in

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;

15

(b)   

independent clinics; and

(c)   

independent medical agencies.

(3)   

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

to—

(a)   

children’s homes;

20

(b)   

care homes;

(c)   

residential family centres;

(d)   

domiciliary care agencies;

(e)   

nurses agencies;

(f)   

fostering agencies;

25

(g)   

voluntary adoption agencies; and

(h)   

adoption support agencies.

(4)   

In relation to any period after the coming into force of this subsection but

before the coming into force of sections 80 and 81, the functions of the National

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

30

CSCI.

103     

General functions of CHAI

In the Care Standards Act 2000, 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

35

this Act as “the CHAI”) shall have the general duty of keeping the

Secretary of State informed about—

(a)   

the provision in England of independent health services; and

(b)   

in particular, the availability and quality of the services.

 

 

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

45

 

(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

provided in England available to the public.

(4)   

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

5

advice or information on such matters relating to the provision in

England of independent health services as may be specified in his

request.

(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

10

purpose of securing improvement in the quality of independent

health 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

such services.

15

(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.

(7)   

The Secretary of State may by regulations confer additional functions

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

20

health services.

(8)   

In this section “independent health services” means services of the kind

provided by persons for whom the CHAI is the registration authority.”

104     

General functions of CSCI

In the Care Standards Act 2000 (c. 14), after section 5A (inserted by section 103

25

above) insert—

“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—

30

(a)   

the provision in England of registered social care services; and

(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

35

provided in England available to the public.

(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.

40

(5)   

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

(a)   

any changes which the CSCI thinks should be made, for the

purpose of securing improvement in the quality of registered

 

 

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

46

 

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

registered social care services.

(6)   

In the exercise of its functions under this Act the CSCI must have

5

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

on the CSCI in relation to the provision in England of registered social

care services.

10

(8)   

In this section, “registered social care services” means services of the

kind provided by persons for whom the CSCI is the registration

authority.”

105     

Fees

(1)   

The Care Standards Act 2000 (c. 14) is amended as follows.

15

(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

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

(2)   

Provision under subsection (1) may include provision—

20

(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.

(3)   

Before the CHAI or the CSCI makes any provision under subsection (1)

25

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.

(5)   

If the Secretary of State considers it necessary or desirable to do so, he

30

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

payable to the CHAI or the CSCI, the Secretary of State shall consult

35

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

prescribed amount, where the registration authority is the Assembly.”

40

(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

 

 

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

47

 

(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”.

5

(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

10

(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—

15

(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”.

Miscellaneous

20

106     

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”.

107     

Children’s homes providing secure accommodation

25

(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,”.

(2)   

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

30

children’s homes)—

(a)   

omit paragraph (a), and

(b)   

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

restricting liberty”.

108     

Information and inspection

35

(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

includes—

40

 

 

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 8 — Other functions of CSCI

48

 

(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.”

(3)   

In subsection (3)—

5

(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

treatment in the establishment”.

10

109     

Assembly: duties relating to children

In section 8 of the Care Standards Act 2000 (c. 14) (general functions of the

Assembly), at the end insert—

“(6)   

The Assembly must have particular regard to the need to safeguard

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

15

(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.”

Chapter 8

20

Other functions of CSCI

110     

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

schools and colleges) are transferred to the CSCI.

25

111     

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) in relation to a child, it must

publish a report on whether the child’s welfare is adequately

30

safeguarded and promoted while he is accommodated by the school or

college.

(9B)   

Where the Commission or the National Assembly for Wales publishes

a report under this section, it must—

(a)   

send a copy of the report to the school or college concerned; and

35

(b)   

make copies of the report 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

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

40

case may be) considers appropriate.”

 

 

 
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 13 November 2003