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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 10 — Supplementary and general

56

 

(4)   

Where a review, investigation or study is being conducted by the CHAI in

conjunction with any other authority pursuant to this section, any report which

under this Part the CHAI is required to publish in relation to the review,

investigation or study may consist of a joint report by the CHAI and the other

authority as to all the matters being investigated by both of them.

5

(5)   

Where a review, investigation or study is being conducted by the CSCI in

conjunction with any other authority pursuant to this section, any report which

under this Part the CSCI is required to publish in relation to the review,

investigation or study may consist of a joint report by the CSCI and the other

authority as to all the matters being investigated by both of them.

10

(6)   

This section is without prejudice to any other powers of the CHAI or the CSCI.

122     

Joint annual reviews

(1)   

Regulations made by the Secretary of State may provide that, where services of

a description specified in the regulations are provided under arrangements

under section 31 of the Health Act 1999 (c. 8), the CHAI and the CSCI shall

15

jointly—

(a)   

review the provision by the parties to the arrangements of such services

as may be specified in the regulations;

(b)   

award a performance rating in respect of those services.

(2)   

The regulations may provide that the CHAI and the CSCI are to exercise their

20

functions under this section—

(a)   

at such times as may be specified in the regulations;

(b)   

by reference to criteria determined by the CHAI and the CSCI and

approved by the Secretary of State.

(3)   

The regulations may require the CHAI and the CSCI to publish a report after

25

conducting a review under this section.

123     

Power to assist

(1)   

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

assistance to any other public authority in the United Kingdom for the purpose

of the exercise by that authority of its functions.

30

(2)   

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

124     

Arrangements with Ministers etc: CHAI

(1)   

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

35

(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.

(2)   

Arrangements may be made between the CHAI and a Northern Ireland

40

Minister—

 

 

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

57

 

(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

(ii)   

relate to the Northern Irish health service;

(b)   

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

5

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

as may be agreed between the parties to the arrangements.

(4)   

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

10

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

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

(6)   

In this section—

15

   

“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

Minister and a Northern Ireland department;

   

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

20

any enactment which extends to Northern Ireland and which

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

125     

Arrangements with Ministers etc: CSCI

(1)   

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

(a)   

for the CSCI to advise the Minister with respect to the provision of any

25

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.

(2)   

Arrangements may be made between the CSCI and a Northern Ireland

30

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

as may be agreed between the parties to the arrangements.

35

(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

124.

40

126     

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

 

 

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

58

 

(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

5

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

the arrangements.

127     

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,

10

(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

15

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

128     

Reports: CHAI

20

(1)   

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

report on each of the following—

(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

25

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

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

(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

30

Secretary of State and the Assembly.

(4)   

The CHAI 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

request.

129     

Reports: CSCI

35

(1)   

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

report on each of the following—

(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.

40

 

 

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

59

 

(2)   

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

section.

(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

5

require.

Relationship with government

130     

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.

10

(2)   

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

section 48(1), 49, 51 or 53.

(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

15

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;

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

20

Assembly’s policy as the Assembly may direct.

(4)   

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

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

following—

(a)   

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

25

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)   

A direction under this section—

30

(a)   

must be given in writing;

(b)   

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

131     

Duty to have regard to government policy: CSCI

(1)   

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

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

35

(2)   

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

direction.

132     

Failure in discharge of functions: CHAI

(1)   

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

(a)   

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

40

(b)   

failing properly to discharge any of those functions;

 

 

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

60

 

   

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—

(a)   

relates to any function of the CHAI under section 48(1), 49, 51 or 53; and

(b)   

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

5

(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

CHAI under subsection (1);

(b)   

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

10

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—

(a)   

must be given in writing;

(b)   

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

15

133     

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

Act 1989 (c. 41), or

(b)   

failing properly to discharge any of those functions,

20

   

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

direction.

Inquiries

25

134     

Inquiries: CHAI

(1)   

The Secretary of State may cause an inquiry to be held into any matter

connected with the exercise by the CHAI of any of its functions.

(2)   

The Assembly may cause an inquiry to be held into any matter connected with

the exercise by the CHAI of any of its functions in relation to any health care

30

provided by or for a Welsh NHS body.

(3)   

Before an inquiry is begun, the Secretary of State or (in the case of an inquiry

under subsection (2)) the Assembly may give a direction that it be held in

private.

(4)   

Where no such direction has been given, the person holding the inquiry may if

35

he thinks fit hold it, or any part of it, in private.

(5)   

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)

(powers in relation to local inquiries) apply in relation to an inquiry under this

section as they apply in relation to a local inquiry under that section

 

 

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

61

 

(6)   

The report of the person holding the inquiry is to be published, unless the

Secretary of State or (in the case of an inquiry under subsection (2)) the

Assembly considers that there are exceptional circumstances which make

publication inappropriate.

(7)   

Publication under subsection (6) is to be in such manner as the Secretary of

5

State or (in the case of an inquiry under subsection (2)) the Assembly considers

appropriate.

135     

Inquiries: CSCI

(1)   

The Secretary of State may cause an inquiry to be held into any matter

connected with the exercise by the CSCI of any of its functions (under any

10

enactment).

(2)   

Before an inquiry is begun, the Secretary of State may give a direction that it be

held in private.

(3)   

Where no such direction has been given, the person holding the inquiry may if

he thinks fit hold it, or any part of it, in private.

15

(4)   

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)

(powers in relation to local inquiries) apply in relation to an inquiry under this

section as they apply in relation to a local inquiry under that section

(5)   

The report of the person holding the inquiry is to be published, unless the

Secretary of State considers that there are exceptional circumstances which

20

make publication inappropriate.

(6)   

Publication under subsection (5) is to be in such manner as the Secretary of

State considers appropriate.

Information

136     

Disclosure of information obtained by CHAI

25

(1)   

This section applies to information which—

(a)   

has been obtained by the CHAI on terms or in circumstances requiring

it to be held in confidence; and

(b)   

relates to and identifies an individual.

(2)   

Subject to section 137, a person is guilty of an offence if he knowingly or

30

recklessly discloses information to which this section applies during the

lifetime of the individual to which it relates.

(3)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding 6

months or to a fine not exceeding the statutory maximum, or to both;

35

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

two years or to a fine or to both.

(4)   

For the purposes of subsection (1)(b), information obtained by the CHAI, or

any person authorised by it, is to be regarded as identifying an individual if

that individual can be identified—

40

(a)   

from that information, or

 

 

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

62

 

(b)   

from that information and from other information obtained by the

CHAI or any person authorised by it.

137     

Section 136: defence

(1)   

It is a defence for a person charged with an offence under section 136 to prove

that at the time of the alleged offence—

5

(a)   

any of the circumstances in subsection (2) applied in relation to the

disclosure in question; or

(b)   

he reasonably believed that they applied.

(2)   

The circumstances referred to in subsection (1)(a) are that—

(a)   

the disclosure was made in a form in which the individual to whom it

10

relates is not identified;

(b)   

the disclosure was made with the consent of the individual to whom

the information relates;

(c)   

the information disclosed had previously been lawfully disclosed to the

public;

15

(d)   

the disclosure was made under or pursuant to regulations under

section 113 (complaints about health care);

(e)   

the disclosure was made in accordance with any enactment or court

order;

(f)   

the disclosure was necessary or expedient for the purposes of

20

protecting the welfare of any individual;

(g)   

the disclosure was made to any body or person in circumstances where

it was necessary or expedient for the person or body to have the

information for the purpose of exercising his or its functions under any

enactment.

25

(3)   

It is also a defence for a person charged with an offence under section 136 to

prove that the disclosure was made—

(a)   

for the purposes of facilitating the exercise of any functions of the CHAI

(under any enactment);

(b)   

in connection with the investigation of a criminal offence (whether or

30

not in the United Kingdom);

(c)   

for the purpose of criminal proceedings (whether or not in the United

Kingdom).

(4)   

For the purposes of subsection (2)(a), information disclosed by a person is not

to be regarded as being in a form in which an individual is not identified if the

35

individual can be identified—

(a)   

from that information, or

(b)   

from that information and from other information disclosed by the

CHAI, by any person authorised by it or by any of its members or

employees.

40

138     

Information obtained by CHAI: supplementary

(1)   

The CHAI may, subject to section 136, use any information it obtains, or

documents or records produced to it, in the course of exercising any of its

functions for the purposes of any of its other functions.

 

 

 
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