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81 Reports and information | |
(1) The CSCI must make copies of any report published by it under this Chapter | |
available for inspection at its offices by any person at any reasonable time. | |
(2) Any person who requests a copy of such a report is entitled to have one on | |
payment of such reasonable fee (if any) as the CSCI considers appropriate. | 5 |
(3) The CSCI may charge a person such reasonable fee as it considers appropriate | |
where it provides him, at his request, with any other information relevant to | |
the discharge of the CSCI’s functions under this Chapter. | |
82 Right of entry | |
(1) A person authorised to do so by the CSCI may, if the CSCI considers it | 10 |
necessary or expedient for the purposes of this Chapter, at any reasonable time | |
enter and inspect— | |
(a) any premises owned or controlled by a local authority in England; or | |
(b) any premises falling within subsection (2), other than premises used | |
wholly or mainly as a private dwelling. | 15 |
(2) The premises referred to in subsection (1)(b) are premises— | |
(a) which are used, or proposed to be used, by any person in connection | |
with the provision of an English local authority social service; or | |
(b) which the CSCI reasonably believes to be so used, or proposed to be so | |
used. | 20 |
(3) A person who proposes to exercise any power of entry or inspection conferred | |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | |
83 Right of entry: supplementary | |
(1) A person authorised by virtue of section 82 to enter and inspect premises may, | 25 |
if he considers it necessary or expedient for the purposes of this Chapter— | |
(a) inspect, take copies of and remove from the premises any documents or | |
records (including personal records) relating to the discharge by the | |
local authority of its social services functions; | |
(b) inspect any other item and remove it from the premises; | 30 |
(c) interview in private— | |
(i) any person working at the premises; or | |
(ii) any person accommodated or cared for there who consents to | |
be interviewed; and | |
(d) make any other examination into the state and management of the | 35 |
premises and treatment of persons accommodated or cared for there. | |
(2) The power in subsection (1)(a) includes— | |
(a) power to require any person holding or accountable for documents or | |
records kept on the premises to produce them; and | |
(b) in relation to records which are kept by means of a computer, power to | 40 |
require the records to be produced in a form in which they are legible | |
and can be taken away. | |
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is | |
entitled to have access to, and to check the operation of, any computer and any | |
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associated apparatus or material which is or has been in use in connection with | |
the records in question. | |
(4) A person authorised by virtue of section 82 to enter and inspect premises | |
may— | |
(a) require any person to afford him such facilities and assistance with | 5 |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 82 or this section; and | |
(b) take such measurements and photographs and make such recordings | |
as he considers necessary to enable him to exercise those powers. | |
(5) Any person who without reasonable excuse— | 10 |
(a) obstructs the exercise of any power conferred by section 82 or this | |
section, or | |
(b) fails to comply with any requirement of section 82 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | 15 |
84 Power to require information etc | |
(1) The CSCI may at any time require any person specified in subsection (2) to | |
provide it with any information, documents, records (including personal | |
records) or other items— | |
(a) which relates or relate to the discharge by a local authority in England | 20 |
of its social services functions; and | |
(b) which the CSCI considers it necessary or expedient to have for the | |
purposes of this Chapter. | |
(2) The persons referred to in subsection (1) are— | |
(a) the local authority; | 25 |
(b) a person providing an English local authority social service for the | |
authority; or | |
(c) any NHS body. | |
(3) The power in subsection (1) to require the provision of information includes, in | |
relation to records kept by means of a computer, power to require the | 30 |
provision of the records in legible form. | |
(4) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
85 Power to require explanation | 35 |
(1) The Secretary of State may by regulations make provision requiring prescribed | |
persons to provide to the CSCI, or to persons authorised by it, an explanation | |
of— | |
(a) any documents, records or items inspected, copied or provided under | |
sections 82 to 84, | 40 |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any functions of the | |
CSCI under this Chapter, | |
in cases where the CSCI considers the explanation necessary or expedient for | |
the purposes of this Chapter. | 45 |
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(2) Regulations under subsection (1) may require explanations to be provided at | |
such times and places as may be prescribed. | |
(3) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | 5 |
Chapter 6 | |
Social services: functions of National Assembly for Wales | |
Provision of social services | |
86 General function | |
The Assembly has the general function of encouraging improvement in the | 10 |
provision of Welsh local authority social services. | |
87 Reviews of studies and research | |
(1) The Assembly may review— | |
(a) studies and research undertaken by others in relation to the provision | |
of Welsh local authority social services; | 15 |
(b) the methods used in such studies and research; and | |
(c) the validity of conclusions drawn from such studies and research. | |
(2) Where the Assembly conducts a review under this section it must publish such | |
report as it considers appropriate. | |
88 Reviews and investigations | 20 |
(1) The Assembly has the function of conducting reviews of, and investigations | |
into, the way in which local authorities in Wales discharge their social services | |
functions. | |
(2) The Assembly may in particular under this section conduct— | |
(a) a review of the overall provision of Welsh local authority social | 25 |
services; | |
(b) a review of the provision of any Welsh local authority social service of | |
a particular description; or | |
(c) a review of, or investigation into, the provision of any Welsh local | |
authority social service by a particular person or persons. | 30 |
(3) The Assembly may in a review under subsection (2)— | |
(a) assess performance against criteria; | |
(b) award performance ratings. | |
(4) For the purposes of this section the Assembly may carry out an inspection of— | |
(a) any local authority in Wales; | 35 |
(b) any other person providing a Welsh local authority social service. | |
(5) Where the Assembly conducts a review or investigation under this section, it | |
must publish such report as it considers appropriate. | |
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(6) The Assembly may by regulations require a local authority in Wales to pay a | |
fee to the Assembly in respect of the exercise of the Assembly’s function under | |
this section in relation to the functions referred to in section 43(3)(a) and (b) of | |
the Care Standards Act 2000 (c. 14) (adoption and fostering functions). | |
(7) A fee under this section shall be of such amount, and shall be payable at such | 5 |
a time, as may be specified in the regulations. | |
(8) A fee payable by virtue of this section may, without prejudice to any other | |
method of recovery, be recovered summarily as a civil debt. | |
89 Studies as to economy, efficiency etc | |
(1) The Assembly may promote or undertake comparative or other studies | 10 |
designed to enable it to make recommendations— | |
(a) for improving economy, efficiency and effectiveness in the discharge | |
by local authorities in Wales of their social services functions; | |
(b) for improving the management of such local authorities in the | |
discharge of those functions. | 15 |
(2) The Assembly may also promote or undertake studies designed to enable it to | |
prepare reports as to the impact of the operation of any particular statutory | |
provisions on economy, efficiency and effectiveness in the discharge by local | |
authorities in Wales of their social services functions. | |
(3) The Assembly must publish or otherwise make available— | 20 |
(a) any recommendations made by it under subsection (1); and | |
(b) a report on the result of any studies under this section. | |
(4) The Assembly and the Audit Commission must co-operate with each other | |
with respect to the exercise of their respective functions under this section and | |
sections 33 and 34 of the Audit Commission Act 1998 (c. 18). | 25 |
90 Additional functions | |
The Assembly shall have such additional functions in relation to the provision | |
of Welsh local authority social services as— | |
(a) correspond to functions conferred on the CSCI by or under this Act; | |
and | 30 |
(b) are specified by the Assembly in regulations. | |
91 General considerations | |
(1) This section applies for the purpose of the exercise by the Assembly of its | |
functions— | |
(a) under sections 86 to 89; and | 35 |
(b) under regulations under section 90. | |
(2) The Assembly shall be concerned in particular with— | |
(a) the availability of, and access to the services; | |
(b) the quality and effectiveness of the services; | |
(c) the management of the services; and | 40 |
(d) the economy and efficiency of their provision and their value for | |
money; | |
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(e) the need to safeguard and promote the rights and welfare of children; | |
and | |
(f) the effectiveness of measures taken by local authorities for the purpose | |
specified in paragraph (e). | |
Ancillary powers | 5 |
92 Right of entry | |
(1) A person authorised to do so by the Assembly may, if the Assembly considers | |
it necessary or expedient for the purposes of this Chapter, at any reasonable | |
time enter and inspect any relevant premises. | |
(2) In subsection (1) “relevant premises” means premises— | 10 |
(a) which are used, or proposed to be used, by any person for any purpose | |
in connection with the provision of a Welsh local authority social | |
service, or | |
(b) which the Assembly reasonably believes to be so used, or proposed to | |
be so used, | 15 |
but does not include premises used wholly or mainly as a private dwelling. | |
(3) A person who proposes to exercise any power of entry or inspection conferred | |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | |
93 Right of entry: supplementary | 20 |
(1) A person authorised by virtue of section 92 to enter and inspect premises may, | |
if he considers it necessary or expedient for the purposes of this Chapter— | |
(a) inspect, take copies of and remove from the premises any documents or | |
records (including personal records) relating to the discharge by the | |
local authority of its social services functions; | 25 |
(b) inspect any other item and remove it from the premises; | |
(c) interview in private— | |
(i) any person working at the premises; or | |
(ii) any person accommodated or cared for there who consents to | |
be interviewed; and | 30 |
(d) make any other examination into the state and management of the | |
premises and treatment of persons accommodated or cared for there. | |
(2) The power in subsection (1)(a) includes— | |
(a) power to require any person holding or accountable for documents or | |
records kept on the premises to produce them; and | 35 |
(b) in relation to records which are kept by means of a computer, power to | |
require the records to be produced in a form in which they are legible | |
and can be taken away. | |
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is | |
entitled to have access to, and to check the operation of, any computer and any | 40 |
associated apparatus or material which is or has been in use in connection with | |
the records in question. | |
(4) A person authorised by virtue of section 92 to enter and inspect premises | |
may— | |
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(a) require any person to afford him such facilities and assistance with | |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 92 or this section; | |
(b) take such measurements and photographs and make such recordings | |
as he considers necessary to enable him to exercise those powers. | 5 |
(5) Any person who without reasonable excuse— | |
(a) obstructs the exercise of any power conferred by section 92 or this | |
section, or | |
(b) fails to comply with any requirement of section 92 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | 10 |
level 4 on the standard scale. | |
94 Power to require information | |
(1) The Assembly may at any time require any person specified in subsection (2) | |
to provide it with any information, documents, records (including personal | |
records) or other items— | 15 |
(a) which relates or relate to the discharge by a local authority in Wales of | |
its social services functions; and | |
(b) which the Assembly considers it necessary or expedient to have for the | |
purpose of any of its functions under this Chapter. | |
(2) The persons referred to in subsection (1) are— | 20 |
(a) the local authority; | |
(b) a person providing a Welsh local authority social service for the | |
authority; or | |
(c) any NHS body. | |
(3) The power in subsection (1) to require the provision of information includes, in | 25 |
relation to records kept by means of a computer, power to require the | |
provision of the records in legible form. | |
(4) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | 30 |
95 Power to require explanation | |
(1) The Assembly may by regulations make provision requiring prescribed | |
persons to provide to the Assembly, or to persons authorised by it, an | |
explanation of— | |
(a) any documents, records or items inspected, copied or produced under | 35 |
sections 92 to 94, | |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any functions of the | |
Assembly under this Chapter, | |
in cases where the Assembly considers the explanation necessary or expedient | 40 |
for the purposes of this Chapter. | |
(2) Regulations under subsection (1) may require explanations to be provided at | |
such times and places as may be prescribed. | |
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(3) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
Chapter 7 | |
Functions under the Care Standards Act 2000 | 5 |
Functions of CHAI and CSCI | |
96 Transfer of functions to CHAI and CSCI | |
(1) The functions of the National Care Standards Commission under Part 2 of the | |
Care Standards Act 2000 (c. 14) (registration and standards) are transferred in | |
accordance with subsections (2) and (3). | 10 |
(2) Its functions under that Part are transferred to the CHAI insofar as they relate | |
to— | |
(a) independent hospitals; | |
(b) independent clinics; and | |
(c) independent medical agencies. | 15 |
(3) Its functions under that Part are transferred to the CSCI insofar as they relate | |
to— | |
(a) children’s homes; | |
(b) care homes; | |
(c) residential family centres; | 20 |
(d) domiciliary care agencies; | |
(e) nurses agencies; | |
(f) fostering agencies; | |
(g) voluntary adoption agencies; and | |
(h) adoption support agencies. | 25 |
(4) In relation to any period after the coming into force of this subsection but | |
before the coming into force of sections 74 and 75, the functions of the National | |
Care Standards Commission under Part 3 of that Act are transferred to the | |
CSCI. | |
97 General functions of CHAI | 30 |
In the Care Standards Act 2000, after section 5 insert— | |
“5A General duties of Commission for Healthcare Audit and Inspection | |
(1) The Commission for Healthcare Audit and Inspection (referred to in | |
this Act as “the CHAI”) shall have the general duty of keeping the | |
Secretary of State informed about— | 35 |
(a) the provision in England of independent health services; and | |
(b) in particular, the availability and quality of the services. | |
(2) The CHAI shall have the general duty of encouraging improvement in | |
the quality of independent health services provided in England. | |
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