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“(bg) the Commission for Healthcare Audit and Inspection; | |
(bh) the Commission for Social Care Inspection;”. | |
Parliamentary Commissioner Act 1967 (c.13) | |
3 In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments | |
subject to investigation), at the appropriate places insert the following | 5 |
entries— | |
“Commission for Healthcare Audit and Inspection.”; | |
“Commission for Social Care Inspection.” | |
Local Authority Social Services Act 1970 (c. 42) | |
4 In the Local Authority Social Services Act 1970, in Schedule 1, insert at the | 10 |
end— | |
| | “Health and Social Care | | | | | | (Community Health and | | | | | | Standards) Act 2003 | | | | | | Sections 111 and 112 | Consideration of complaints.” | | 15 |
|
House of Commons Disqualification Act 1975 (c.24) | |
5 In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 | |
(bodies of which all members are disqualified), at the appropriate places | |
insert the following entries— | |
“Commission for Healthcare Audit and Inspection.”; | 20 |
“Commission for Social Care Inspection.”. | |
Northern Ireland Assembly Disqualification Act (c.25) | |
6 In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of | |
Schedule 1 (bodies of which all members are disqualified), at the appropriate | |
places insert the following entries— | 25 |
“Commission for Healthcare Audit and Inspection.”; | |
“Commission for Social Care Inspection.”. | |
National Health Service Act 1977 (c.49) | |
7 In section 19A(2) of the National Health Service Act 1977, after paragraph (a) | |
insert— | 30 |
“(aa) a complaint under section 109 or 110 of the Health and Social | |
Care (Community Health and Standards) Act 2003,”. | |
Children Act 1989 (c.41) | |
8 (1) The Children Act 1989 has effect subject to the following amendments. | |
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(2) In section 65(6)(a), for “the National Care Standards Commission” substitute | |
“the Commission for Social Care Inspection”. | |
(3) In section 87(10)— | |
(a) in the definition of “appropriate authority”, in paragraph (a), for “the | |
National Care Standards Commission” substitute “the Commission | 5 |
for Social Care Inspection”, and | |
(b) in the definition of “the Commission”, for “the National Care | |
Standards Commission” substitute “the Commission for Social Care | |
Inspection”. | |
(4) In paragraph 20 of Schedule 2, at the end of paragraph (a) insert “and the | 10 |
Commission for Social Care Inspection”. | |
Health Service Commissioners Act 1993 (c.46) | |
9 (1) The Health Service Commissioners Act 1993 has effect subject to the | |
following amendments. | |
(2) In section 4(4)(a), after “can be made” insert “under section 109 or 110 of the | 15 |
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 | |
pursuant to a complaint under section 3(1E), he shall afford to the | |
person or body whose maladministration is complained of an | 20 |
opportunity to comment on any allegations contained in the | |
complaint.” | |
(4) In section 12(1A), for “or (1C)” substitute “(1C) or (1E)”. | |
(5) In section 14, after subsection (2D) insert— | |
“(2E) In any case where the Health Service Commissioner for England | 25 |
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; | |
(b) to any member of the House of Commons who to the | |
Commissioner’s knowledge assisted in the making of the | 30 |
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 | |
complained of; | |
(d) to any person or body whose action was complained of in the | 35 |
complaint made to the person or body whose | |
maladministration is complained of; | |
(e) to the Secretary of State. | |
(2F) In any case where the Health Service Commissioner for England | |
decides not to conduct an investigation pursuant to a complaint | 40 |
under section 3(1E) he shall send a statement of his reasons— | |
(a) to the person who made the complaint; or | |
(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— | 45 |
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“(4) In any case where the Health Service Commissioner for Wales | |
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; | |
(b) to any Assembly member who to the Commissioner’s | 5 |
knowledge assisted in the making of the complaint (or if he is | |
no longer an Assembly member to such other member as the | |
Commissioner thinks appropriate); | |
(c) to the person or body whose maladministration is | |
complained of; | 10 |
(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 Assembly First Secretary. | |
(5) In any case where the Health Service Commissioner for Wales | 15 |
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 | |
(b) to any such member of the Assembly as is mentioned in | |
subsection (4)(b).” | 20 |
(7) In section 14B— | |
(a) for “14A(1)”, in each place, substitute “14A”, and | |
(b) in subsection (2), for “or (1C)” substitute “(1C) or (1E)”. | |
Audit Commission Act 1998 (c.18) | |
10 (1) The Audit Commission Act 1998 has effect subject to the following | 25 |
amendments. | |
(2) In section 4, in subsection (7)— | |
(a) in paragraph (a), after “bodies,” insert “the Commission for | |
Healthcare Audit and Inspection and”; and | |
(b) in paragraph (b), after “bodies,” insert “the Commission for Social | 30 |
Care Inspection and”; and | |
(c) in paragraph (c), after “case,” insert “the National Assembly for | |
Wales and”. | |
(3) At the end of that section insert— | |
“(8) The Commission must obtain the agreement of the Commission for | 35 |
Healthcare Audit and Inspection before preparing or altering | |
provisions of a code which— | |
(a) are applicable to accounts which are or include accounts of | |
health service bodies; and | |
(b) concern the function under section 5(1)(e).”. | 40 |
(4) In section 7— | |
(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— | 45 |
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“(aa) the Commission for Healthcare Audit and | |
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 | 5 |
local authority social services (within the meaning of Part 2 of | |
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 | 10 |
authority social services (within the meaning of that Part of | |
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)— | 15 |
(a) subsection (1)(a); | |
(b) subsection (1)(b), so far as relating to management other than | |
financial management. | |
(8) Those bodies are— | |
(a) any Primary Care Trust; | 20 |
(b) any Strategic Health Authority; | |
(c) any NHS foundation trust; | |
(d) 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.” | 25 |
(7) In section 34(6), after paragraph (b) insert— | |
“(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 | 30 |
Inspection; | |
(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— | 35 |
“(4) This section does not apply in relation to the bodies specified in | |
section 33(8).” | |
(9) For section 37 substitute— | |
“37 Assistance to CHAI and CSCI | |
(1) The Audit Commission may provide assistance to the Commission | 40 |
for Healthcare Audit and Inspection or the Commission for Social | |
Care Inspection in the discharge of any of their functions under | |
Chapter 3 or 5 of Part 2 of the Health and Social Care (Community | |
Health and Standards) Act 2003. | |
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(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.” | |
(10) In section 49(1)— | |
(a) after paragraph (b) insert— | 5 |
“(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 | |
Standards) Act 2003; | |
(bb) to the National Assembly for Wales for the purposes | 10 |
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 | |
functions of the Commission for Healthcare Audit and Inspection | |
under Chapter 3 of Part 2 of the Health and Social Care (Community | 15 |
Health and Standards) Act 2003”. | |
Government of Wales Act 1998 (c.38) | |
11 In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A | |
substitute— | |
“12A. The Commission for Healthcare Audit and Inspection.” | 20 |
Protection of Children Act 1999 (c.14) | |
12 In section 2A of the Protection of Children Act 1999, in subsection (2), for | |
paragraph (a) substitute— | |
“(a) the Commission for Social Care Inspection; | |
(aa) the Commission for Healthcare Audit and Inspection;”. | 25 |
Local Government Act 1999 (c.27) | |
13 In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) | |
substitute— | |
“(e) the Commission for Social Care Inspection;”. | |
Care Standards Act 2000 (c.14) | 30 |
14 The Care Standards Act 2000 has effect subject to the following | |
amendments. | |
15 In section 5, in paragraph (a), for “the National Care Standards Commission” | |
substitute— | |
“(i) the CHAI, in the case of independent hospitals, independent | 35 |
clinics and independent medical agencies; | |
(ii) the CSCI, in the case of children’s homes, care homes, | |
residential family centres, domiciliary care agencies, nurses | |
agencies, fostering agencies, voluntary adoption agencies | |
and adoption support agencies;”. | 40 |
16 (1) Section 8 is amended as follows. | |
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(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”. | |
(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— | 5 |
(a) medical or psychiatric treatment, or | |
(b) listed services (as defined in section 2).” | |
17 In section 10— | |
(a) subsection (1) is omitted; and | |
(b) in subsection (6)(b), for “by the Commission” substitute “by the | 10 |
CHAI or the CSCI under this Act”. | |
18 In section 11(4), for “the Commission” substitute “the CHAI or the CSCI”. | |
19 In section 23(4)(d), after “or”” insert “against a voluntary adoption agency or | |
adoption support agency for an offence under”. | |
20 In section 29(1)— | 15 |
(a) for “the Commission”, in the first place, substitute “the CHAI or the | |
CSCI (as appropriate)”, and | |
(b) for “the Commission”, in the second place, substitute “either the | |
CHAI or the CSCI”. | |
21 In section 31— | 20 |
(a) in subsection (6), for “powers” substitute “power”; and | |
(b) in subsection (7), for “the Commission” substitute “the CHAI or the | |
CSCI”. | |
22 In section 36A for “the Commission”, in all places, substitute “the CSCI”. | |
23 In section 42, at the end insert— | 25 |
“(5) Regulations under subsection (1) made by the Secretary of State may | |
in particular specify whether, for the purposes of the application of | |
this Part to any person, the registration authority is to be the CHAI | |
or the CSCI.” | |
24 In section 45(4)— | 30 |
(a) omit “Subject to section 47(6)”; | |
(b) for “the Commission” substitute “the CSCI”; and | |
(c) at the end insert “; and an inspection under this section shall be | |
regarded for all purposes as undertaken under section 76 of the | |
Health and Social Care (Community Health and Standards) Act | 35 |
2003”. | |
25 In section 113(1)— | |
(a) for “the Commission” substitute “the CHAI or the CSCI”; and | |
(b) in paragraph (a), at the end insert “under this Act”; and | |
(c) in paragraph (b), for “its” substitute “those”. | 40 |
26 In section 121, in the Table in subsection (13), insert the following entries at | |
the appropriate places— | |
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Freedom of Information Act 2000 (c.36) | |
27 In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the | |
appropriate places insert the following entries— | 5 |
“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 | |
Act 2000.”; | |
“Commission for Social Care Inspection, in respect of information held | 10 |
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) | |
28 In section 99 of the Adoption and Children Act 2002, for “the National Care | |
Standards Commission” substitute “the Commission for Social Care | 15 |
Inspection”. | |
Schedule 9 | |
Section 137 | |
Recovery of NHS charges: exempted payments | |
1 Any payment made to or for the injured person under— | |
(a) section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 | 20 |
(c. 6) (compensation orders against convicted persons), or | |
(b) section 249 of the Criminal Procedure (Scotland) Act 1995 (c. 46) | |
(corresponding provision in relation to Scotland). | |
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 | 25 |
capital contributed to the trust was directly or indirectly provided by | |
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 | 30 |
trust. | |
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— | 35 |
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