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Schedule 6 | |
Section 36(3) | |
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. | 5 |
(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. | |
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. | 10 |
(2) That includes, in particular— | |
(a) co-operating with other public authorities in the United Kingdom, | |
(b) acquiring and disposing of land and other property, | |
(c) entering into contracts, and | |
(d) providing training. | 15 |
(3) It is the duty of the CSCI to carry out its functions effectively, efficiently and | |
economically. | |
Chairman and other members | |
3 (1) The CSCI is to consist of a chairman and other members appointed by the | |
Secretary of State. | 20 |
(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 | |
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 | 25 |
(c) has become disqualified from holding office. | |
(3) The Secretary of State may by regulations make provision as to— | |
(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 | 30 |
(b) subject to this paragraph, the tenure of office of the chairman and | |
other members (including the circumstances in which they cease to | |
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 | 35 |
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) | |
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 | 40 |
remuneration and allowances as the Secretary of State may determine. | |
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(2) If the Secretary of State so determines, the CSCI must pay or make provision | |
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 | 5 |
make it right for a person ceasing to hold office as chairman of the CSCI to | |
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. | |
Employees | 10 |
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 and is to be | |
responsible to it for the general exercise of its functions. | |
(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. | 15 |
(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— | 20 |
(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— | 25 |
(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. | 30 |
(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 | 35 |
(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, | 40 |
such persons. | |
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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. | |
(2) Such arrangements may include provision with respect to the payment of | 5 |
remuneration and allowances to, or amounts in respect of, such persons. | |
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. | 10 |
(2) The Secretary of State may, with the approval of the Treasury, make loans 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 | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
(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 provided, taken to be so signed or executed. | 35 |
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Schedule 7 | |
Section 36(4) | |
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 | 5 |
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; | 10 |
(d) the transfer of property, rights and liabilities of the Crown to 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 | 15 |
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 | 20 |
undertaking). | |
(4) 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 | 25 |
paragraph 1 are, by virtue of this paragraph, transferred on the day | |
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 | 30 |
employment, and, accordingly— | |
(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 | 35 |
employment with the transferee for the purposes of that Act. | |
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 notify the transferor or transferee as specified in | 40 |
sub-paragraph 2, his contract of employment with the transferor is | |
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. | |
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(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 | |
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 | 5 |
employment under the Crown on terms which do not constitute a contract | |
of employment between that person and the Crown— | |
(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 | 10 |
terms of that contract; and | |
(c) in relation to such a person, the reference in paragraph 4(2) to | |
dismissal by the transferor is to termination of his employment by | |
the Crown. | |
Transitional | 15 |
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 | |
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 | 20 |
(including legal proceedings) relating to anything so transferred which is in | |
the process of being done by or in relation to the transferor immediately | |
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 | 25 |
consequence of the transfer) as a reference to the transferee. | |
(4) A transfer under paragraph 2 does not affect the validity of anything done | |
by or in relation to the transferor before the transfer takes effect. | |
Schedule 8 | |
Section 134 | |
Part 2: minor and consequential amendments | 30 |
Public Records Act 1958 (c.52) | |
1 In Schedule 1 to the Public Records Act 1958 (definition of public records), | |
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”; | 35 |
“Commission for Social Care Inspection”. | |
Public Bodies (Admission to Meetings Act 1960 (c.67) | |
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— | 40 |
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