Health and Social Care (Community Health and Standards) Bill

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Session 2002 - 03
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Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department of Health, will be published
separately as Bill 70–EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Mr Secretary Milburn has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Health and Social Care (Community Health and
Standards) Bill are compatible with the Convention rights.

Bill 70 53/2

Health and Social Care (Community Health and Standards) Bill

Contents
Part 1
NHS foundation trusts
Introductory
      1         NHS foundation trusts
      2         Independent Regulator of NHS Foundation Trusts
      3         General duty of regulator
Authorisation of foundation trusts
      4         Applications by NHS trusts
      5         Other applications
      6         Authorisation of NHS foundation trusts
      7         Effect of authorisation
      8         Amendments of constitution
      9         Variation of authorisation
      10         Register of NHS foundation trusts
Financial matters
      11         Power of Secretary of State to give financial assistance
      12         Prudential borrowing code
      13         Public dividend capital
Functions
      14         Authorised services
      15         Private health care
      16         Protection of property
      17         Financial powers
      18         General powers
      19         Information
      20         Entry and inspection of premises
      21         Fees
      22         Trust funds and trustees

Bill 70 53/2

Health and Social Care (Community Health and Standards) Bill
iv

Failure
      23         Failing NHS foundation trusts
      24         Voluntary arrangements
      25         Dissolution etc.
      26         Sections 23 to 25 : supplementary
Co-operation
      27         Co-operation between NHS bodies
Patient and public involvement
      28         Public involvement and consultation
      29         Patients’ Forums
      30         Commission for Patient and Public Involvement in Health
Miscellaneous
      31         Taxation
      32         Other amendments relating to NHS foundation trusts
      33         Offence
      34         General duty of NHS foundation trusts
Supplementary
      35         Interpretation of Part 1
Part 2
Standards
Chapter 1
Regulatory bodies
      36         The Commission for Healthcare Audit and Inspection
      37         The Commission for Social Care Inspection
      38         Transfer of property etc to CHAI and CSCI
      39         Abolition of former regulatory bodies
Chapter 2
NHS Health Care: Introductory
      40         Quality in health care
      41         Standards set by Secretary of State
      42         Standards set by Assembly

Health and Social Care (Community Health and Standards) Bill
v

Chapter 3
NHS health care: functions of CHAI
General functions
      43         Information and advice
      44         Reviews of data
Functions relating to NHS foundation trusts
      45         Information and advice
      46         Annual reviews of NHS foundation trusts
      47         Other reviews and investigations
      48         Failures in compliance
Healthcare provided by and for other NHS bodies
      49         Introductory
      50         National performance data
      51         Annual reviews
      52         National reviews
      53         Other reviews and investigations
      54         Failings
Other functions
      55         Co-ordination of reviews
      56         Studies as to economy, efficiency etc
      57         Additional functions
Exercise of functions: general
      58         Considerations and criteria
      59         Failure in discharge of functions
Supplementary
      60         Fees
      61         Reports and information
      62         Right of entry
      63         Right of entry: supplementary
      64         Power to require documents and information etc
      65         Power to require explanation
Chapter 4
NHS health care: functions of National Assembly for Wales
Reviews and investigations
      66         Reviews and investigations relating to Wales
      67         Reporting to Secretary of State

Health and Social Care (Community Health and Standards) Bill
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Ancillary powers
      68         Right of entry
      69         Right of entry: supplementary
      70         Power to require documents and information
      71         Power to require explanation
Chapter 5
Social services: functions of CSCI
Provision of social services
      72         Introductory
      73         Information and advice
      74         Review of studies and research
      75         Annual reviews and investigations
      76         Other reviews and investigations
      77         Failings
Audit functions
      78         Studies as to economy, efficiency etc
      79         Joint working with Audit Commission
Additional functions
      80         Additional functions
Exercise of functions: general
      81         General considerations
      82         Failure in discharge of functions
Supplementary
      83         Fees
      84         Reports and information
      85         Right of entry
      86         Right of entry: supplementary
      87         Power to require information etc
      88         Power to require explanation
Chapter 6
Social services: functions of National Assembly for Wales
Provision of social services
      89         General function
      90         Reviews of studies and research
      91         Reviews and investigations
      92         Studies as to economy, efficiency etc
      93         Additional functions
      94         General considerations

Health and Social Care (Community Health and Standards) Bill
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Ancillary powers
      95         Right of entry
      96         Right of entry: supplementary
      97         Power to require information
      98         Power to require explanation
Chapter 7
Functions under the Care Standards Act 2000
Functions of CHAI and CSCI
      99         Transfer of functions to CHAI and CSCI
      100         General functions of CHAI
      101         General functions of CSCI
      102         Fees
Miscellaneous
      103         Meaning of “independent medical agency”
      104         Children’s homes providing secure accommodation
      105         Information and inspection
      106         Assembly: duties relating to children
Chapter 8
Other functions of CSCI
      107         Boarding schools and colleges
      108         Secure training centres
Chapter 9
Complaints
Health care complaints
      109         Complaints about health care: English and cross-border bodies
      110         Complaints about health care: Welsh bodies
Social care complaints
      111         Complaints about social services: England
      112         Complaints about social services: Wales
      113         Complaints under the Children Act 1989
Complaints: supplementary
      114         Complaints about handling of complaints
      115         Complaints: data protection

Health and Social Care (Community Health and Standards) Bill
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Chapter 10
Supplementary and general
Joint working
      116         Co-operation etc between CHAI and CSCI
      117         Joint reviews and investigations: CHAI and CSCI
      118         Power to assist
      119         Arrangements with Ministers etc: CHAI
      120         Arrangements with Ministers etc: CSCI
Annual reports
      121         Annual reports: CHAI
      122         Annual reports: CSCI
Inquiries
      123         Inquiries: CHAI
      124         Inquiries: CSCI
Information
      125         Disclosure of information obtained by CHAI
      126         Section 125 : defence
      127         Information obtained by CHAI: supplementary
      128         Information obtained by CSCI: supplementary
Wales: supplementary
      129         Annual reports of Assembly
      130         Use by Assembly of information
      131         Inquiries: Wales
      132         Co-operation between Assembly and CHAI
General
      133         Offences by bodies corporate
      134         Minor and consequential amendments
      135         Interpretation of Part 2
      136         References to the provision of health care
Part 3
Recovery of NHS charges
NHS charges
      137         Liability to pay NHS charges
Certificates of NHS charges
      138         Applications for certificates of NHS charges

© Parliamentary copyright 2003
Revised 13 March 2003