|
| |
| |
(3) The CHAI shall make information about independent health services | |
provided in England available to the public. | |
(4) When asked to do so by the Secretary of State, the CHAI shall give him | |
advice or information on such matters relating to the provision in | |
England of independent health services as may be specified in his | 5 |
request. | |
(5) The CHAI may at any time give advice to the Secretary of State on— | |
(a) any changes which the CHAI thinks should be made, for the | |
purpose of securing improvement in the quality of independent | |
health services provided in England, in the standards set out in | 10 |
statements under section 23; | |
(b) any other matter connected with the provision in England of | |
such services. | |
(6) In the exercise of its functions under this Act the CHAI must have | |
particular regard to the need to safeguard and promote the rights and | 15 |
welfare of children. | |
(7) The Secretary of State may by regulations confer additional functions | |
on the CHAI in relation to the provision in England of independent | |
health services. | |
(8) In this section “independent health services” means services of the kind | 20 |
provided by persons for whom the CHAI is the registration authority.” | |
98 General functions of CSCI | |
In the Care Standards Act 2000 (c. 14), after section 5A (inserted by section 97 | |
above) insert— | |
“5B General duties of Commission for Social Care Inspection | 25 |
(1) The Commission for Social Care Inspection (referred to in this Act as | |
“the CSCI”) shall have the general duty of keeping the Secretary of State | |
informed about— | |
(a) the provision in England of registered social care services; and | |
(b) in particular, the availability and quality of the services. | 30 |
(2) The CSCI shall have the general duty of encouraging improvement in | |
the quality of registered social care services provided in England. | |
(3) The CSCI shall make information about registered social care services | |
provided in England available to the public. | |
(4) When asked to do so by the Secretary of State, the CSCI shall give him | 35 |
advice or information on such matters relating to the provision in | |
England of registered social care services as may be specified in his | |
request. | |
(5) The CSCI may at any time give advice to the Secretary of State on— | |
(a) any changes which the CSCI thinks should be made, for the | 40 |
purpose of securing improvement in the quality of registered | |
social care services provided in England, in the standards set | |
out in statements under section 23; | |
(b) any other matter connected with the provision in England of | |
registered social care services. | 45 |
| |
| |
|
| |
| |
(6) In the exercise of its functions under this Act the CSCI must have | |
particular regard to the need to safeguard and promote the rights and | |
welfare of children. | |
(7) The Secretary of State may by regulations confer additional functions | |
on the CSCI in relation to the provision in England of registered social | 5 |
care services. | |
(8) In this section, “registered social care services” means services of the | |
kind provided by persons for whom the CSCI is the registration | |
authority.” | |
99 Fees | 10 |
(1) The Care Standards Act 2000 (c. 14) is amended as follows. | |
(2) After section 113 insert— | |
“113A Fees payable under Part 2 | |
(1) The CHAI and the CSCI may each from time to time make and publish | |
provision determining the amount of any fee payable to it under Part 2. | 15 |
(2) Provision under subsection (1) may include provision— | |
(a) for different amounts to be payable in different cases, or classes | |
of case; | |
(b) for different amounts to be payable by persons of different | |
descriptions. | 20 |
(3) Before the CHAI or the CSCI makes any provision under subsection (1) | |
it must consult such bodies as appear to it to be representative of the | |
persons liable to pay the fee. | |
(4) No provision may be made under subsection (1) without the consent of | |
the Secretary of State. | 25 |
(5) If the Secretary of State considers it necessary or desirable to do so, he | |
may by regulations make provision determining the amount of a fee | |
payable to the CHAI or the CSCI under Part 2 instead of the amount for | |
which provision is made under subsection (1). | |
(6) Before making any regulations under subsection (5) in respect of fees | 30 |
payable to the CHAI or the CSCI, the Secretary of State shall consult | |
that body and such other persons as appear to him to be appropriate.” | |
(3) In section 12 (applications for registration), in subsection (2), for “a fee of the | |
prescribed amount” substitute “a fee of the amount determined under section | |
113A, where the registration authority is the CHAI or the CSCI, or of the | 35 |
prescribed amount, where the registration authority is the Assembly.” | |
(4) In section 15 (other applications), in subsection (3) for “a fee of such amount as | |
may be prescribed” substitute “a fee of— | |
(a) the amount determined under section 113A, where the | |
registration authority is the CHAI or the CSCI; or | 40 |
(b) the prescribed amount, where the registration authority is the | |
Assembly.” | |
(5) In that section, in subsection (5)— | |
| |
| |
|
| |
| |
(a) for “subsection (3)” substitute “subsection (3)(b)”; and | |
(b) for “the registration authority” substitute “the Assembly”. | |
(6) In section 16 (regulations about registration), for subsection (3) substitute— | |
“(3) Persons registered under this Part must also pay to the registration | |
authority, at such time as may be prescribed, an annual fee— | 5 |
(a) of such amount as may be determined under section 113A, | |
where the registration authority is the CHAI or the CSCI; and | |
(b) of such amount as may be prescribed, where the registration | |
authority is the Assembly.” | |
(7) In section 22(7)(i) (fees in respect of notification of variation of corporate | 10 |
ownership etc), for the words from “of a fee” to the end substitute “, in respect | |
of any notification required to be made by virtue of paragraph (h), of a fee of— | |
(i) such amount as may be determined under section 113A, | |
where notification is made to the CHAI or the CSCI; or | |
(ii) the prescribed amount, where notification is made to the | 15 |
Assembly”. | |
Miscellaneous | |
100 Meaning of “independent medical agency” | |
In section 2(5) of the Care Standards Act 2000 (c. 14) (an “independent medical | |
agency” does not include an independent clinic), after “clinic” insert “or an | 20 |
independent hospital”. | |
101 Children’s homes providing secure accommodation | |
(1) In section 4 of the Care Standards Act 2000 (basic definitions), in subsection | |
(8)(a) (references to a description of establishment), after “children’s home” | |
insert “, a children’s home providing accommodation for the purpose of | 25 |
restricting liberty,”. | |
(2) In section 22 of that Act (regulations), in subsection (8) (regulations relating to | |
children’s homes)— | |
(a) omit paragraph (a), and | |
(b) in paragraph (b), for “mentioned in paragraph (a)” substitute “of | 30 |
restricting liberty”. | |
102 Information and inspection | |
(1) Section 31 of the Care Standards Act 2000 (inspections by persons authorised | |
by registration authority) is amended as follows. | |
(2) After subsection (1), insert— | 35 |
“(1A) The power under subsection (1) to require the provision of information | |
includes— | |
(a) power to require the provision of copies of any documents or | |
records (including medical and other personal records); and | |
(b) in relation to records kept by means of a computer, power to | 40 |
require the provision of the records in legible form.” | |
| |
| |
|
| |
| |
(3) In subsection (3)— | |
(a) in paragraph (b), for “(other than medical records)” substitute | |
“(including medical and other personal records)”; and | |
(b) in paragraph (d), for “employed” substitute “working”. | |
(4) In subsection (6), omit “and inspect any medical records relating to his | 5 |
treatment in the establishment”. | |
103 Assembly: duties relating to children | |
In section 8 of the Care Standards Act 2000 (c. 14) (general functions of the | |
Assembly), at the end insert— | |
“(6) The Assembly must have particular regard to the need to safeguard | 10 |
and promote the rights and welfare of children in the exercise of— | |
(a) its functions exercisable by virtue of section 5(b) and | |
subsections (1) to (3) of this section; and | |
(b) any other functions exercisable by the Assembly corresponding | |
to functions exercisable by the CSCI in relation to England.” | 15 |
Chapter 8 | |
Other functions of CSCI | |
104 Boarding schools and colleges | |
The functions of the National Care Standards Commission under section 87 of | |
the Children Act 1989 (c. 41) (welfare of children accommodated in boarding | 20 |
schools and colleges) are transferred to the CSCI. | |
105 Boarding schools and colleges: reports | |
In section 87 of the Children Act 1989, after subsection (9) insert— | |
“(9A) The Commission and the National Assembly for Wales must each | |
publish such reports in relation to the exercise of its functions under | 25 |
this section as it considers appropriate. | |
(9B) The Commission and the National Assembly for Wales must each make | |
copies of any report published by it under this section available for | |
inspection at its offices by any person at any reasonable time. | |
(9C) Any person who requests a copy of a report published under this | 30 |
section is entitled to have one on payment of such reasonable fee (if | |
any) as the Commission or the National Assembly for Wales (as the | |
case may be) considers appropriate.” | |
106 Secure training centres | |
(1) The CSCI and the Secretary of State may make arrangements for the CSCI to | 35 |
conduct inspections of secure training centres in England. | |
(2) Inspections under this section shall be on such terms, including terms as to | |
payment of the CSCI, as the CSCI and Secretary of State may agree in the | |
arrangements. | |
| |
| |
|
| |
| |
(3) In this section, “secure training centre” has the same meaning as in section | |
43(1)(d) of the Prison Act 1952 (c. 52). | |
Chapter 9 | |
Complaints | |
Health care complaints | 5 |
107 Complaints about health care: English and cross-border bodies | |
(1) The Secretary of State may by regulations make provision about the procedure | |
to be followed where a complaint is made to an English NHS body, or a cross- | |
border SHA, about— | |
(a) the exercise by the body of any of its functions; | 10 |
(b) the provision by any person of health care for which the body is | |
responsible; | |
(c) the provision of services by the body or any other person in pursuance | |
of arrangements made by the body under section 31 of the Health Act | |
1999 (c. 8) in relation to the exercise of the health-related functions of a | 15 |
local authority. | |
(2) Regulations under this section may in particular make provision— | |
(a) for circumstances in which a complaint need not be considered; | |
(b) about the procedure to be followed on the making of a complaint and | |
how it is to be considered; | 20 |
(c) for the person or body by whom a complaint is to be considered; | |
(d) requiring the production of information or documents to enable a | |
complaint to be considered; | |
(e) about the action to be taken as the result of a complaint; | |
(f) about the making of a report about a complaint; | 25 |
(g) for a complaint to be referred to another person or body. | |
(3) The provision that may be made under subsection (2)(a) includes in particular | |
provision for a complaint only to be considered if— | |
(a) it is made in the prescribed manner and within the prescribed period; | |
(b) it is made by a person of a prescribed description; | 30 |
(c) it is a complaint of a prescribed description. | |
(4) The provision that may be made under subsection (2)(c) includes in particular | |
provision for a complaint to be considered by — | |
(a) the NHS body to whom the complaint is made; | |
(b) any other NHS body; | 35 |
(c) the CHAI; | |
(d) an independent panel established in the prescribed manner. | |
(5) The provision that may be made under subsection (2)(g) includes in particular | |
provision for a complaint to be referred to— | |
(a) a Health Service Commissioner; | 40 |
(b) a professional regulatory body; | |
(c) the police; | |
(d) any person who may consider— | |
| |
| |
|
| |
| |
(i) a complaint made under section 108, 109 or 110; or | |
(ii) a representation made under section 24D or 26 of the Children | |
Act 1989 (c. 41). | |
(6) Provision under subsection (2)(g) may include provision enabling a complaint | |
referred to a Health Service Commissioner to be considered under the Health | 5 |
Service Commissioners Act 1993 (c. 46). | |
(7) Regulations under this section may provide for different parts or aspects of a | |
complaint to be treated differently. | |
(8) Regulations under this section may also make provision— | |
(a) for any person or body in respect of whom a complaint is made to pay | 10 |
to any person or body who considers the complaint under this section | |
a fee of such amount as may be specified in, or calculated or determined | |
under, the regulations; and | |
(b) for an independent panel to review the amount chargeable under | |
paragraph (a) in any particular case and, if the panel thinks fit, to | 15 |
substitute a lesser amount for that amount. | |
(9) Where regulations under this section make provision under subsection (2)(c) or | |
(g) they may also permit the disclosure of information relevant to a complaint | |
notwithstanding any obligation of confidence owed in respect of it. | |
108 Complaints about health care: Welsh bodies | 20 |
(1) The Assembly shall by regulations make provision about the procedure to be | |
followed where a complaint is made to a Welsh NHS body about— | |
(a) the exercise by the body of any of its functions; | |
(b) the provision by any person of health care for which the body is | |
responsible; | 25 |
(c) the provision of services by the body or any other person in pursuance | |
of arrangements made by the body under section 31 of the Health Act | |
1999 (c. 8) in relation to the exercise of the health-related functions of a | |
local authority. | |
(2) Regulations under this section may in particular make provision— | 30 |
(a) for circumstances in which a complaint need not be considered; | |
(b) about the procedure to be followed on the making of a complaint and | |
how it is to be considered; | |
(c) for the person or body by whom a complaint is to be considered; | |
(d) requiring the production of information or documents to enable a | 35 |
complaint to be considered; | |
(e) about the action to be taken as the result of a complaint; | |
(f) about the making of a report about a complaint; | |
(g) for a complaint to be referred to another person or body. | |
(3) The provision that may be made under subsection (2)(a) includes in particular | 40 |
provision for a complaint only to be considered if— | |
(a) it is made in the prescribed manner and within the prescribed period; | |
(b) it is made by a person of a prescribed description; | |
(c) it is a complaint of a prescribed description. | |
(4) The provision that may be made under subsection (2)(c) includes in particular | 45 |
provision for a complaint to be considered by — | |
| |
| |
|
| |
| |
(a) the NHS body to whom the complaint is made; | |
(b) any other NHS body; | |
(c) the CHAI; | |
(d) an independent lay person; | |
(e) an independent panel established in the prescribed manner. | 5 |
(5) The provision that may be made under subsection (2)(g) includes in particular | |
provision for a complaint to be referred to— | |
(a) a Health Service Commissioner; | |
(b) a professional regulatory body; | |
(c) the police; | 10 |
(d) any person who may consider— | |
(i) a complaint made under section 107, 109 or 110; | |
(ii) a representation made under section 24D or 26 of the Children | |
Act 1989 (c. 41). | |
(6) Provision under subsection (2)(g) may include provision enabling a complaint | 15 |
referred to a Health Service Commissioner to be considered under the Health | |
Service Commissioners Act 1993 (c. 46). | |
(7) Regulations under this section may provide for different parts or aspects of a | |
complaint to be treated differently. | |
(8) Regulations under this section may also make provision— | 20 |
(a) for any person or body in respect of whom a complaint is made to pay | |
to any person or body who considers the complaint under this section | |
a fee of such amount as may be specified in or determined under the | |
regulations; | |
(b) for an independent panel to review the amount chargeable under | 25 |
paragraph (a) in any particular case and, if the panel thinks fit, to | |
substitute a lesser amount for that amount. | |
(9) Where regulations under this section make provision under subsection (2)(c) or | |
(g), they may also permit the disclosure of information relevant to a complaint | |
notwithstanding any obligation of confidence owed in respect of it. | 30 |
Social care complaints | |
109 Complaints about social services: England | |
(1) The Secretary of State may by regulations make provision about the procedure | |
to be followed where a complaint is made to a local authority in England in | |
relation to— | 35 |
(a) the discharge by the authority of any of its social services functions; | |
(b) the provision of services by another person pursuant to arrangements | |
made by the authority in the discharge of those functions; | |
(c) the provision of services by the authority or any other person in | |
pursuance of arrangements made by the authority under section 31 of | 40 |
the Health Act 1999 (c. 8) in relation to the functions of an NHS body | |
(within the meaning of that section). | |
(2) Regulations under this section may in particular make provision— | |
(a) for circumstances in which a complaint need not be considered; | |
| |
| |
|
