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Health and Social Care (Community Health and Standards) Bill


Health and Social Care (Community Health and Standards) Bill
Schedule 7 — CHAI and CSCI: transfers of property and staff, etc

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Schedule 7

Section 38

 

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

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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;

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              (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

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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

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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

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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

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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

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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 inform the transferor or transferee as specified in

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sub-paragraph (1), 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.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

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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

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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

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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

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  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

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(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

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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 138

 

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”;

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                    “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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

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insert—  

                    “(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

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subject to investigation), at the appropriate places insert the following

entries—

                    “Commission for Healthcare Audit and Inspection.”;

                    “Commission for Social Care Inspection.”

Local Authority Social Services Act 1970 (c. 42)

10

  4        In the Local Authority Social Services Act 1970, in Schedule 1, insert at the

end—

 

“Health and Social Care

  
 

(Community Health and

  
 

Standards) Act 2003

  

15

 

    Sections 109 and 110

Consideration of complaints.”

 

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—

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                    “Commission for Healthcare Audit and Inspection.”;

                    “Commission for Social Care Inspection.”.

Northern Ireland Assembly Disqualification Act 1975 (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

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places insert the following entries—

                    “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 1977 Act, after paragraph (a) insert—

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                    “(aa)                      a complaint under section 107 or 108 of the Health and Social

Care (Community Health and Standards) Act 2003,”.

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

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Children Act 1989 (c. 41)

  8       (1)      The Children Act 1989 has effect subject to the following amendments.

          (2)      In section 65(6)(a), for “the National Care Standards Commission” substitute

“the Commission for Social Care Inspection”.

          (3)      In section 87(10)—

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              (a)             in the definition of “appropriate authority”, in paragraph (a), for “the

National Care Standards Commission” substitute “the Commission

for Social Care Inspection”, and

              (b)             in the definition of “the Commission”, for “the National Care

Standards Commission” substitute “the Commission for Social Care

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Inspection”.

          (4)      In paragraph 20 of Schedule 2, at the end of paragraph (a) insert “and the

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

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following amendments.

          (2)      In section 4(4)(a), after “can be made” insert “under section 107 or 108 of the

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

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pursuant to a complaint under section 3(1E), he shall afford to the

person or body whose maladministration is complained of an

opportunity to comment on any allegations contained in the

complaint.”

          (4)      In section 12(1A), for “or (1C)” substitute “(1C) or (1E)”.

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          (5)      In section 14, after subsection (2D) insert—

              “(2E)                In any case where the Health Service Commissioner for England

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;

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                    (b)                   to any member of the House of Commons who to the

Commissioner’s knowledge assisted in the making of the

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

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complained of;

                    (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 Secretary of State.

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              (2F)                In any case where the Health Service Commissioner for England

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

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

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                    (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—

              “(4)                In any case where the Health Service Commissioner for Wales

conducts an investigation pursuant to a complaint under section

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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

knowledge assisted in the making of the complaint (or if he is

no longer an Assembly member to such other member as the

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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

complaint made to the person or body whose

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maladministration is complained of;

                    (e)                   to the Assembly First Secretary.

              (5)                In any case where the Health Service Commissioner for Wales

decides not to conduct an investigation pursuant to a complaint

under section 3(1E) he shall send a statement of his reasons—

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                    (a)                   to the person who made the complaint; or

                    (b)                   to any such member of the Assembly as is mentioned in

subsection (4)(b).”

          (7)      In section 14B—

              (a)             for “14A(1)”, in each place, substitute “14A”, and

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              (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

amendments.

          (2)      In section 4, in subsection (7)—

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              (a)             in paragraph (a), after “bodies,” insert “the Commission for

Healthcare Audit and Inspection and”;

              (b)             in paragraph (b), after “bodies,” insert “the Commission for Social

Care Inspection and”; and

              (c)             in paragraph (c), after “case,” insert “the National Assembly for

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Wales and”.

          (3)      At the end of that section insert—

              “(8)                The Commission must obtain the agreement of the Commission for

Healthcare Audit and Inspection before preparing or altering

provisions of a code which—

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                    (a)                   are applicable to accounts which are or include accounts of

health service bodies; and

                    (b)                   concern the function under section 5(1)(e).”.

          (4)      In section 7—

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

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              (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—

                           “(aa)                             the Commission for Healthcare Audit and

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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

local authority social services (within the meaning of Part 2 of

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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

authority social services (within the meaning of that Part of

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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)—

                    (a)                   subsection (1)(a);

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                    (b)                   subsection (1)(b), so far as relating to management other than

financial management;

                    (c)                   subsection (4).

              (8)                Those bodies are—

                    (a)                   any Primary Care Trust;

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                    (b)                   any Strategic Health Authority;

                    (c)                   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.”

          (7)      In section 34(6), after paragraph (b) insert—

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                    “(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

Inspection;

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                    (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—

              “(4)                This section does not apply in relation to the bodies specified in

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section 33(8).”

          (9)      For section 37 substitute—

       “37            Assistance to CHAI and CSCI

              (1)             The Audit Commission may provide assistance to the Commission

for Healthcare Audit and Inspection or the Commission for Social

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Care Inspection in the discharge of any of their functions under

 

 

Health and Social Care (Community Health and Standards) Bill
Schedule 8 — Part 2: minor and consequential amendments

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Chapter 3 or 5 of Part 2 of the Health and Social Care (Community

Health and Standards) Act 2003.

              (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.”

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          (10)     In section 49(1)—

              (a)             after paragraph (b) insert—

                           “(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

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Standards) Act 2003;

                           (bb)                             to the National Assembly for Wales for the purposes

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

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functions of the Commission for Healthcare Audit and Inspection

under Chapter 3 of Part 2 of the Health and Social Care (Community

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

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substitute—

          “12A.                  The Commission for Healthcare Audit and Inspection.”

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—

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                    “(a)                      the Commission for Social Care Inspection;

                    (aa)                      the Commission for Healthcare Audit and Inspection;”.

Local Government Act 1999 (c. 27)

  13       In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g)

substitute—

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                    “(e)                      the Commission for Social Care Inspection;”.

Care Standards Act 2000 (c. 14)

  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”

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substitute—

                           “(i)                             the CHAI, in the case of independent hospitals,

independent clinics and independent medical

agencies;

                           (ii)                             the CSCI, in the case of children’s homes, care homes,

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residential family centres, domiciliary care agencies,

 

 

 
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