Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

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.