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Health and Social Care Bill


Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000

121

 

      (3)  

After that subsection insert—

“(4A)   

An establishment in England is not a children’s home if it is—

(a)   

a hospital (within the meaning of the National Health Service

Act 2006); or

(b)   

a residential family centre,

5

   

or if it is of a description excepted by regulations.”

3          

In section 2 of the 2000 Act (independent hospitals etc), in subsection (1),

after “this Act” insert “as it applies in relation to Wales”.

4     (1)  

Section 3 of the 2000 Act (care homes) is amended as follows.

      (2)  

In subsection (3), after “establishment” insert “in Wales”.

10

      (3)  

After that subsection insert—

“(4)   

And an establishment in England is not a care home if it is—

(a)   

a hospital (within the meaning of the National Health Service

Act 2006); or

(b)   

a children’s home,

15

   

or if it is of a description excepted by regulations.”

5     (1)  

Section 4 of the 2000 Act (other basic definitions) is amended as follows.

      (2)  

In subsection (8), for paragraph (a) substitute—

“(a)   

any reference to a description of establishment is a reference

to—

20

(i)   

a children’s home,

(ii)   

a children’s home providing accommodation for the

purpose of restricting liberty,

(iii)   

an independent hospital in Wales,

(iv)   

an independent hospital in Wales in which treatment

25

or nursing (or both) are provided for persons liable to

be detained under the Mental Health Act 1983,

(v)   

an independent clinic in Wales,

(vi)   

a care home in Wales, or

(vii)   

a residential family centre;”.

30

      (3)  

For subsection (9) substitute—

“(9)   

Below in this Act—

(a)   

any reference to a description of agency is a reference to—

(i)   

an independent medical agency in Wales or, where

the activities of an independent medical agency are

35

carried on from two or more branches, a branch in

Wales of an independent medical agency,

(ii)   

a domiciliary care agency in Wales or, where the

activities of a domiciliary care agency are carried on

from two or more branches, a branch in Wales of a

40

domiciliary care agency,

(iii)   

a nurses agency in Wales or, where the activities of a

nurses agency are carried on from two or more

branches, a branch in Wales of a nurses agency,

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000

122

 

(iv)   

a fostering agency or, where the activities of a

fostering agency are carried on from two or more

branches, a branch of a fostering agency,

(v)   

a voluntary adoption agency, or

(vi)   

an adoption support agency or, where the activities of

5

an adoption support agency are carried on from two

or more branches, a branch of an adoption support

agency;

(b)   

a reference to any agency is a reference to an agency or

branch of any of those descriptions.”

10

6     (1)  

Section 5 of the 2000 Act (registration authorities) is amended as follows.

      (2)  

In subsection (1)—

(a)   

for paragraph (a) substitute—

“(a)   

the registration authority in the case of

establishments and agencies mentioned in subsection

15

(1A) is Her Majesty’s Chief Inspector of Education,

Children’s Services and Skills (referred to in this Act

as “the CIECSS”);”, and

(b)   

in paragraph (b) for “in relation to Wales” substitute “in any other

case”.

20

      (3)  

After subsection (1) insert—

“(1A)   

The establishments and agencies are—

(a)   

children’s homes in England,

(b)   

residential family centres in England,

(c)   

fostering agencies in England or, where the activities of a

25

fostering agency are carried on from two or more branches,

the branches in England,

(d)   

voluntary adoption agencies whose principal office is in

England, and

(e)   

adoption support agencies in England or, where the activities

30

of an adoption support agency are carried on from two or

more branches, the branches in England.”

7          

Omit section 5A (general duties of Commission for Healthcare Audit and

Inspection) and section 5B (general duties of Commission for Social Care

Inspection) of the 2000 Act.

35

8     (1)  

Section 8 of the 2000 Act (general functions of the Welsh Ministers) is

amended as follows.

      (2)  

For subsection (3A) substitute—

“(3A)   

But the only functions which may be so specified in relation to a

particular Part II service are—

40

(a)   

functions exercisable by the Care Quality Commission under

Part 1 of the Health and Social Care Act 2008 in relation to a

regulated activity (within the meaning of that Part) which is

similar to the Part II service; or

(b)   

functions which, by virtue of section 118(4) of the Education

45

and Inspections Act 2006, are exercisable by the CIECSS in

relation to the corresponding Part II service provided in

England.”

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000

123

 

      (3)  

In subsection (6)(b)(i), for “the CSCI” substitute “the Care Quality

Commission”.

      (4)  

In subsection (7), omit the words from “, other than” to the end.

9          

In section 10 of the 2000 Act (inquiries), omit subsection (6).

10         

In section 11 of the 2000 Act (requirement to register)—

5

(a)   

omit subsection (2),

(b)   

in subsection (3), for “subsections (1) and (2)” substitute “subsection

(1)”, and

(c)   

in subsection (4), omit “the CHAI, the CSCI or”.

11         

In section 12 of the 2000 Act (applications for registration), in subsection (2),

10

for the words from “the amount determined” to the end substitute “the

prescribed amount”.

12         

In section 14 of the 2000 Act (cancellation of registration), in subsection (2),

after paragraph (e) insert—

“(f)   

an offence under Part 1 of the Health and Social Care Act 2008

15

or regulations made under that Part.”

13         

In section 15 of the 2000 Act (applications by registered persons)—

(a)   

in subsection (3), for the words from “a fee of—” to the end substitute

“a fee of the prescribed amount”, and

(b)   

for subsection (5) substitute—

20

“(5)   

If different amounts are prescribed under subsection (3), the

regulations may provide for the appropriate Minister to

determine which amount is payable in a particular case.”

14         

In section 16 of the 2000 Act (regulations about registration), in subsection

(3), for the words from “an annual fee—” to the end substitute “an annual fee

25

of the prescribed amount”.

15         

In section 20 of the 2000 Act (urgent procedure for cancellation etc), in

subsection (6), for paragraph (b) substitute—

“(b)   

in the case of establishments and agencies in Wales, the Local

Health Board in whose area the establishment or agency is

30

situated; and”.

16         

In section 22  of the 2000 Act (regulation of establishments and agencies), in

subsection (7)(i), for the words from “a fee of—” to the end substitute “a fee

of the prescribed amount;”.

17         

In section 29 of the 2000 Act (proceedings for offences), in subsection (1), for

35

paragraph (a) substitute—

“(a)   

the CIECSS; or”.

18         

In section 31 of the 2000 Act (inspections by persons authorised by

registration authority), in subsection (7), for the words from “require” to “the

CIECSS” substitute “require the CIECSS”.

40

19    (1)  

Section 42 of the 2000 Act (power to extend the application of Part 2) is

amended as follows.

      (2)  

In subsection (1), after “(2)” insert “, (2A)”.

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000

124

 

      (3)  

For subsection (2) substitute—

“(2)   

This subsection applies to—

(a)   

Welsh local authorities providing services in the exercise of

their social services functions, and

(b)   

persons who provide services which are similar to services

5

which—

(i)   

may or must be so provided by Welsh local

authorities, or

(ii)   

may or must be provided by Welsh NHS bodies.

(2A)   

This subsection applies to—

10

(a)   

English local authorities providing services in the exercise of

their social services functions so far as relating to persons

aged under 18, and

(b)   

persons who provide services which are similar to services

which may or must be so provided by English local

15

authorities.”

      (4)  

In subsection (4), after “(2)” insert “or (2A)”.

      (5)  

Omit subsection (5).

      (6)  

After subsection (5) insert—

“(6)   

For the purposes of this section, functions mentioned in section

20

135(1)(e) of the Education and Inspections Act 2006 are taken to be

social services functions relating to persons aged under 18.

(7)   

In this section—

“cross-border Special Health Authorities” means Special Health

Authorities not performing functions only or mainly in

25

respect of England or only or mainly in respect of Wales,

“English local authorities” means local authorities in England,

“Welsh local authorities” means local authorities in Wales, and

“Welsh NHS bodies” means—

(a)   

Local Health Boards,

30

(b)   

National Health Service trusts all or most of whose

hospitals, establishments and facilities are situated in

Wales,

(c)   

Special Health Authorities performing functions only

or mainly in respect of Wales, and

35

(d)   

cross-border Special Health Authorities but only so

far as their functions are performed in respect of

Wales.”

20    (1)  

Section 55 of the 2000 Act (interpretation of Part 4) is amended as follows.

      (2)  

In subsection (2)(c), for “an establishment, or an agency, of a description”

40

substitute “a home, centre or agency of a kind”.

      (3)  

In subsection (3)—

(a)   

in paragraph (e) omit “the CSCI,”, and

(b)   

after that paragraph insert—

“(ea)   

staff of the Care Quality Commission who inspect

45

premises under Part 1 of the Health and Social Care

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 2 — Amendments of Health and Social Care (Community Health and Standards) Act 2003

125

 

Act 2008 used for or in connection with the provision

of social care (within the meaning of that Part) or who

are responsible for persons who do so;”.

21         

In section 113 of the 2000 Act (default powers of appropriate Minister) omit

subsection (1A).

5

22         

Omit section 113A of the 2000 Act (fees payable under Part 2).

23         

In section 121 of the 2000 Act (general interpretation etc), in the Table in

subsection (13), omit the entries for the expressions “CHAI” and “CSCI”.

Part 2

Amendments of Health and Social Care (Community Health and Standards)

10

Act 2003

24         

In this Part of this Schedule “the 2003 Act” means the Health and Social Care

(Community Health and Standards) Act 2003 (c. 43).

25         

Omit sections 41 to 44 of the 2003 Act (regulatory bodies).

26         

In section 45 of the 2003 Act (quality in health care), in subsection (1), after

15

“each” insert “Welsh”.

27         

Omit section 46 of the 2003 Act (standards set by Secretary of State).

28         

Omit sections 47A to 47C of the 2003 Act (code of practice relating to health

care associated infections).

29         

Omit sections 48 to 69A of the 2003 Act (NHS health care: functions of

20

CHAI).

30         

Omit sections 76 to 91 of the 2003 Act (social services: functions of CSCI).

31         

In section 96 of the 2003 Act (additional functions of Welsh Ministers), in

subsection (2), for paragraph (a) substitute—

“(a)   

functions of the Care Quality Commission under Part 1 of the

25

Health and Social Care Act 2008, and”.

32         

In section 100 of the 2003 Act (power of Welsh Ministers to require

information), in subsection (2)(c), for “NHS body” substitute “Welsh NHS

body or cross-border SHA”.

33         

Omit sections 102 to 104 of the 2003 Act (functions of CHAI and CSCI under

30

Care Standards Act).

34         

In section 113 of the 2003 Act (complaints about health care), in subsection

(3), omit paragraph (b).

35         

In section 114 of the 2003 Act (complaints about social services), in

subsection (2), omit paragraph (b).

35

36         

Omit sections 120 to 141 of the 2003 Act (supplementary provision about

CHAI and CSCI).

37         

In section 143 of the 2003 Act (use by Welsh Ministers of information), in

subsection (2), after paragraph (d) insert—

“(e)   

its functions under section 120 of the Mental Health Act

40

1983.”

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts

126

 

38         

Omit section 144 of the 2003 Act (inquiries: Wales).

39         

Omit sections 145 and 145A of the 2003 Act (CHAI duties to co-operate).

40         

In section 148 of the 2003 Act (interpretation of Part 2), omit the following

definitions—

(a)   

“the CHAI”,

5

(b)   

“the CSCI”,

(c)   

“financial year”, and

(d)   

“Minister of the Crown”.

41         

Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI

and CSCI).

10

Part 3

Amendments of other Acts

Prison Act 1952 (c. 52)

42    (1)  

Schedule A1 to the Prison Act 1952 (further provision about Her Majesty’s

Chief Inspector of Prisons) is amended as follows.

15

      (2)  

In paragraph 2(2)—

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

      (3)  

In paragraph 3(2)—

20

(a)   

omit paragraph (c), and

(b)   

for paragraph (d) substitute—

“(d)   

the Care Quality Commission;”.

Public Records Act 1958 (c. 51)

43         

In Schedule 1 to the Public Records Act 1958 (definition of public records),

25

in Part 2 of the Table at the end of paragraph 3—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)   

at the appropriate place insert—

30

“the Care Quality Commission.”.

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

44         

In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings)

Act 1960 (bodies in England and Wales to which the Act applies)—

(a)   

omit paragraphs (bg) and (bh), and

35

(b)   

after paragraph (bh) insert—

“(bj)   

the Care Quality Commission;”.

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts

127

 

Parliamentary Commissioner Act 1967 (c. 13)

45         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation)—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

5

Inspection, and

(b)   

at the appropriate place insert—

“Care Quality Commission.”.

House of Commons Disqualification Act 1975 (c. 24)

46    (1)  

Schedule 1 to the House of Commons Disqualification Act 1975 (offices

10

disqualified for membership) is amended as follows.

      (2)  

In Part 2 (bodies of which all members are disqualified)—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

15

(b)   

at the appropriate place insert—

“The Care Quality Commission.”

      (3)  

In Part 3 (other disqualifying offices), omit the entry for members of the

Mental Health Act Commission in receipt of remuneration.

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

20

47         

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified)—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

25

(b)   

at the appropriate place insert—

“The Care Quality Commission.”

Race Relations Act 1976 (c. 74)

48    (1)  

Schedule 1A to the Race Relations Act 1976 (bodies and other persons

subject to general statutory duty) is amended as follows.

30

      (2)  

In Part 2 (bodies and other persons added after commencement of duty)—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)   

at the appropriate place under the heading “Health” insert—

35

“The Care Quality Commission.”

      (3)  

In Part 4 (bodies and other persons added on 31 December 2004), omit the

entry for the Commission for Healthcare Audit and Inspection and the entry

for the Commission for Social Care Inspection.

 
 

 
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