1 (1) The CSCI’s property is not to be regarded as property of, or property held
on behalf of, the Crown.
(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.
(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.
(3) It is the duty of the CSCI to carry out its functions effectively, efficiently and
Chairman and other members
3 (1) The CSCI is to consist of a chairman and other members appointed by the
Secretary of State.
(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
(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
(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
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
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
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
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
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.
(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—
(a) pensions, allowances or gratuities, or
(b) compensation for loss of employment or reduction of remuneration,
to or in respect of its employees.
6 (1) The CSCI may—
(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.
(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
(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,
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
(2) Such arrangements may include provision with respect to the payment of
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
(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.
10 (1) The CSCI must keep its accounts in such form as the Secretary of State may
(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
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
(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
Seal and evidence
11 The application of the seal of the CSCI must be authenticated by the
(a) of any member of the CSCI, or
(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.
CHAI and CSCI: transfers of property and staff, etc
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
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;
(d) the transfer of property, rights and liabilities of the Crown to the
(2) The property, rights and liabilities which may be the subject of a scheme
(a) any that would otherwise be incapable of being transferred or
(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
(4) A scheme under this paragraph may include supplementary, incidental,
transitional and consequential provision.
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
appointed by the scheme in accordance with the provisions of the scheme.
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—
(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.
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
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
(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
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—
(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
dismissal by the transferor is to termination of his employment by
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
(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
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.
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),
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)
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