|
| |
|
(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 |
| |
| |
(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 |
| |
| |
| 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 |
| |
| 20 |
| |
(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— |
| |
| |
(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 |
| |
(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, |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(b) | in paragraph (b) for “in relation to Wales” substitute “in any other |
| |
| 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, |
| |
| |
(d) | voluntary adoption agencies whose principal office is in |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(3) | In subsection (6)(b)(i), for “the CSCI” substitute “the Care Quality |
| |
| |
(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 |
| |
(b) | in subsection (3), for “subsections (1) and (2)” substitute “subsection |
| |
| |
(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 |
| |
| |
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 |
| |
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— |
| |
| |
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 |
| |
| |
(2) | In subsection (1), after “(2)” insert “, (2A)”. |
| |
|
| |
|
| |
|
(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 |
| |
(i) | may or must be so provided by Welsh local |
| |
| |
(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 |
| |
| |
(b) | persons who provide services which are similar to services |
| |
which may or must be so provided by English local |
| 15 |
| |
(4) | In subsection (4), after “(2)” insert “or (2A)”. |
| |
| |
(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. |
| |
| |
“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— |
| |
| 30 |
(b) | National Health Service trusts all or most of whose |
| |
hospitals, establishments and facilities are situated in |
| |
| |
(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 |
| |
| |
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”. |
| |
| |
(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 |
| |
|
| |
|
| |
|
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 |
| |
| 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”. |
| |
| |
Amendments of Health and Social Care (Community Health and Standards) |
| 10 |
| |
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 |
| |
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 |
| |
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 |
| |
34 | In section 113 of the 2003 Act (complaints about health care), in subsection |
| |
| |
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 |
| |
| |
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 |
| |
|
| |
|
| |
|
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 |
| |
| |
| 5 |
| |
(c) | “financial year”, and |
| |
(d) | “Minister of the Crown”. |
| |
41 | Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI |
| |
| 10 |
| |
| |
| |
42 (1) | Schedule A1 to the Prison Act 1952 (further provision about Her Majesty’s |
| |
Chief Inspector of Prisons) is amended as follows. |
| 15 |
| |
(a) | omit paragraph (f), and |
| |
(b) | for paragraph (g) substitute— |
| |
“(g) | the Care Quality Commission,”. |
| |
| 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 |
| |
| |
(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;”. |
| |
|
| |
|
| |
|
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 |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|