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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 5 — CHAI: supplementary

    120

 

Assistance

  8       (1)      The CHAI 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 CHAI of such amounts, at such times and on such

conditions (if any) as he considers appropriate.

10

          (2)      The Assembly may make payments to the CHAI of such amounts, at such

times and on such conditions (if any) as it considers appropriate.

          (3)      The Secretary of State may, with the approval of the Treasury, make loans

out of money provided by Parliament to the CHAI on such terms (including

terms as to repayment and interest) as he may determine.

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          (4)      The Assembly may make loans to the CHAI on such terms (including terms

as to repayment and interest) as it may determine.

          (5)      Except as provided by this paragraph, the CHAI has no power to borrow

money.

Accounts

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  10      (1)      The CHAI must keep its accounts in such form as the Secretary of State may

determine.

          (2)      The CHAI must prepare annual accounts in respect of each financial year in

such form as the Secretary of State may determine.

          (3)      The CHAI must send copies of the annual accounts to the Secretary of State

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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

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before Parliament.

Seal and evidence

  11       The application of the seal of the CHAI must be authenticated by the

signature—

              (a)             of any member of the CHAI, or

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              (b)             of any other person who has been authorised by the CHAI (whether

generally or specifically) for that purpose.

  12       A document purporting to be duly executed under the seal of the CHAI 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.

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Health and Social Care (Community Health and Standards) Bill
Schedule 6 — CSCI: supplementary

    121

 

Schedule 6

Section 37(2)

 

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.

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          (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.

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          (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

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              (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

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              (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

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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

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remuneration and allowances as the Secretary of State may determine.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 6 — CSCI: supplementary

    122

 

          (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.

          (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.

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          (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

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              (b)             compensation for loss of employment or reduction of remuneration,

                   to or in respect of its employees.

Procedure

  6       (1)      The CSCI may—

              (a)             appoint such committees and sub-committees (which may consist of

25

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

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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,

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                   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,

such persons.

40

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 6 — CSCI: supplementary

    123

 

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.

15

Accounts

  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.

20

          (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

may determine.

          (4)      The Comptroller and Auditor General must examine, certify and report on

25

the annual accounts and must lay copies of the accounts and of his report

before Parliament.

Seal and evidence

  11       The application of the seal of the CSCI must be authenticated by the

signature—

30

              (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

35

is provided, taken to be so signed or executed.

 

 

 
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Revised 20 June 2003