|
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| the Secretary of State must consult the Welsh Ministers. |
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(4) | Before making a commencement order relating to section 140 (ordinary |
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residence for certain purposes of National Assistance Act 1948 (c. 29) etc.) in |
| |
relation to England, the Secretary of State must consult the Welsh Ministers; |
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and, before making a commencement order relating to that section in relation |
| 5 |
to Wales, the Welsh Ministers must consult the Secretary of State. |
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(5) | Before making a commencement order relating to— |
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(a) | section 151 (functions of Health Protection Agency in relation to |
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biological substances), or |
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(b) | Part 7 of Schedule 15 (or section 158 so far as relating to that Part of that |
| 10 |
| |
| the Secretary of State must consult the Department of Health, Social Services |
| |
and Public Safety in Northern Ireland. |
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(6) | In this section “commencement order” means an order under section 162(2). |
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| 15 |
This Act may be cited as the Health and Social Care Act 2008. |
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The Care Quality Commission |
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1 (1) | The Commission is not to be regarded as the servant or agent of the Crown |
| 5 |
or as enjoying any status, immunity or privilege of the Crown. |
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(2) | The Commission’s property is not to be regarded as property of, or property |
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held on behalf of, the Crown. |
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General powers and duties |
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2 (1) | The Commission may do anything which appears to it to be necessary or |
| 10 |
expedient for the purposes of, or in connection with, the exercise of its |
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(2) | This includes, in particular— |
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(a) | co-operating with other public authorities in the United Kingdom, |
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(b) | acquiring and disposing of land and other property, |
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(c) | entering into contracts, |
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(d) | providing training, and |
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(e) | doing things outside (as well as within) the United Kingdom. |
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(3) | It is the duty of the Commission to carry out its functions effectively, |
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efficiently and economically. |
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3 (1) | The Commission is to consist of— |
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(a) | a chair appointed by the Secretary of State, and |
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(b) | other members so appointed. |
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(2) | The Secretary of State may, in the prescribed manner, remove the chair or |
| 25 |
any other member from office if (but only if) the Secretary of State is satisfied |
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(a) | is unable or unfit to carry out the duties of that office, |
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(b) | is failing to carry out those duties, or |
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(c) | is disqualified from holding office (or was disqualified at the time of |
| 30 |
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(3) | The Secretary of State may by regulations make provision as to— |
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|
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|
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(a) | the appointment of the chair and other members (including the |
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number, or limits on the number, of members who may be appointed |
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and any conditions to be fulfilled for appointment), and |
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(b) | subject to this paragraph of this Schedule, the tenure of office of the |
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chair and other members (including the circumstances in which they |
| 5 |
are to cease to hold office, are disqualified from holding office or may |
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be suspended from office). |
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(4) | Regulations under sub-paragraph (3)(b) relating to the suspension of a |
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person from office may only provide for suspension where it appears to the |
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Secretary of State that one of the conditions in sub-paragraph (2) is or may |
| 10 |
be satisfied in relation to that person. |
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Remuneration and allowances |
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4 (1) | The Commission must pay to its chair, or to any other member, such |
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remuneration and allowances as the Secretary of State may determine. |
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(2) | If the Secretary of State so determines, the Commission must pay or make |
| 15 |
provision for the payment of such pension, allowances or gratuities as the |
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Secretary of State may determine to or in respect of a person who is or has |
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been the chair or any other member of the Commission. |
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(3) | If the Secretary of State determines that there are special circumstances that |
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make it right for a person ceasing to hold office as chair of the Commission |
| 20 |
to receive compensation, the Commission must— |
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(a) | pay to that person, or |
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(b) | make provision for the payment to that person of, |
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| such compensation as the Secretary of State may determine. |
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5 (1) | The Commission must appoint a chief executive, who is to be an employee |
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(2) | The Commission may appoint such other employees as it considers |
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(3) | Employees of the Commission are to be appointed on such terms and |
| 30 |
conditions as the Commission may determine. |
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(4) | Without prejudice to its other powers, the Commission may pay, or make |
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provision for the payment of— |
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(a) | pensions, allowances and gratuities, or |
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(b) | compensation for loss of employment or reduction of remuneration, |
| 35 |
| to or in respect of its employees. |
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6 (1) | The Commission must appoint an advisory committee (“the advisory |
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committee”) for the purpose of giving advice or information to it about |
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matters connected with its functions. |
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(2) | In considering how to exercise its functions, the Commission must have |
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regard to relevant advice and information given to it by the advisory |
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committee (whether or not given at its request). |
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|
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(3) | The Commission may appoint such other committees and sub-committees |
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(4) | The advisory committee and any committee or sub-committee appointed |
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under sub-paragraph (3) may consist of or include persons who are not |
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members of the Commission. |
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(5) | The advisory committee must include persons of a prescribed description. |
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(6) | The Commission may pay such remuneration and allowances as it thinks fit |
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(a) | are members of its committees and sub-committees, but |
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(b) | are not members of the Commission. |
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(7) | The Commission may in all other respects regulate its own procedure. |
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(8) | The validity of proceedings of the Commission is not affected— |
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(a) | by any vacancy in its membership, |
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(b) | by any defect in the appointment of a member, or |
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(i) | acting as a member even though ineligible for appointment |
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when purportedly appointed, or |
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(ii) | acting as a member after having ceased to be a member. |
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7 (1) | The Commission may arrange for— |
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(a) | any of its committees, sub-committees, members or employees, or |
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| to exercise any of its functions on its behalf. |
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(2) | If the Commission arranges for the exercise of any function as mentioned in |
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sub-paragraph (1)(b), the arrangements may include provision with respect |
| 25 |
to the payment of remuneration and allowances to, or amounts in respect of, |
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(3) | The reference in sub-paragraph (1) to any of the Commission’s committees |
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does not include the advisory committee. |
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8 (1) | The Commission may arrange for such persons as it thinks fit to assist it in |
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the exercise of any of its functions in relation to— |
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(a) | a particular case, or |
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(b) | cases of a particular description. |
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(2) | Such arrangements may include provision with respect to the payment of |
| 35 |
remuneration and allowances to, or amounts in respect of, such persons. |
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Payments and loans to the Commission |
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9 (1) | The Secretary of State may make payments to the Commission of such |
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amounts, at such times and on such conditions (if any) as the Secretary of |
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State considers appropriate. |
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|
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(2) | The Secretary of State may, with the approval of the Treasury, lend money |
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to the Commission on such terms (including terms as to repayment and |
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interest) as the Secretary of State may determine. |
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(3) | Except as provided by sub-paragraph (2), the Commission has no power to |
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10 (1) | The Commission must keep accounts in such form as the Secretary of State |
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(2) | The Commission must prepare annual accounts in respect of each financial |
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year in such form as the Secretary of State may determine. |
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(3) | The Commission must send copies of the annual accounts to— |
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(a) | the Secretary of State, and |
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(b) | the Comptroller and Auditor General, |
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| within such period after the end of the financial year to which the accounts |
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relate as the Secretary of State may determine. |
| 15 |
(4) | The Comptroller and Auditor General must examine, certify and report on |
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the annual accounts and must lay copies of the accounts, and of the report |
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on them, before Parliament. |
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(5) | In this paragraph “financial year” means— |
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(a) | the period beginning with the day on which the Commission is |
| 20 |
established and ending with the next 31 March following that day, |
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(b) | each successive period of 12 months ending with 31 March. |
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11 | The application of the seal of the Commission must be authenticated by the |
| 25 |
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(a) | of any member of the Commission, or |
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(b) | of any other person who has been authorised by the Commission |
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(whether generally or specifically) for that purpose. |
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(a) | purporting to be duly executed under the seal of the Commission, or |
| |
(b) | purporting to be signed on behalf of the Commission, |
| |
| is to be received in evidence and, unless the contrary is proved, taken to be |
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| 35 |
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Transfers of property and staff etc. |
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1 (1) | The Secretary of State may make one or more transfer schemes for— |
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(a) | the transfer of property, rights and liabilities of the Commission for |
| |
Healthcare Audit and Inspection to the Care Quality Commission or |
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(b) | the transfer of property, rights and liabilities of the Commission for |
| |
Social Care Inspection to the Care Quality Commission or the |
| 5 |
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(c) | the transfer of property, rights and liabilities of the Mental Health |
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(i) | to the Care Quality Commission or the Welsh Ministers, or |
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| 10 |
(d) | the transfer of property, rights and liabilities of the Crown to the |
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(2) | The property, rights and liabilities which may be the subject of a scheme |
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(a) | any that would otherwise be incapable of being transferred or |
| 15 |
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(b) | rights and liabilities under a contract of employment, and |
| |
(c) | criminal liabilities. |
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(3) | A scheme under this paragraph may define the property, rights and |
| |
liabilities to be transferred by specifying or describing them (including |
| 20 |
describing them by reference to a specified part of the transferor’s |
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(4) | A scheme under this paragraph may contain provision for the payment of |
| |
compensation by the Secretary of State to any person or body (other than one |
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mentioned in sub-paragraph (1)) whose interests are adversely affected by |
| 25 |
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(5) | A scheme under this paragraph may include supplementary, incidental, |
| |
transitional and consequential provision. |
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(6) | The Secretary of State may not make a scheme under this paragraph for the |
| |
transfer of property, rights or liabilities to the Welsh Ministers unless the |
| 30 |
scheme is made with the consent of the Welsh Ministers. |
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2 | The property, rights and liabilities which are the subject of a scheme under |
| |
paragraph 1 are, by virtue of this paragraph, transferred on the day |
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appointed by the scheme in accordance with the provisions of the scheme. |
| 35 |
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3 | The transfer by paragraph 2 of the rights and liabilities relating to an |
| |
individual’s contract of employment does not break the continuity of the |
| |
individual’s employment and, accordingly— |
| |
(a) | the individual is not to be regarded for the purposes of Part 2 of the |
| 40 |
Employment Rights Act 1996 (c. 18) as having been dismissed by |
| |
virtue of the transfer, and |
| |
(b) | the individual’s period of employment with the transferor counts as |
| |
a period of employment with the transferee for the purposes of that |
| |
| 45 |
|
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4 (1) | Paragraph 2 does not operate to transfer the rights and liabilities under an |
| |
individual’s contract of employment if, before the transfer takes effect, the |
| |
individual informs the transferor or transferee that the individual objects to |
| |
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(2) | Where an individual does inform the transferor or transferee as specified in |
| 5 |
sub-paragraph (1), the individual’s contract of employment with the |
| |
transferor is terminated immediately before the date on which the transfer |
| |
would occur; but the individual is not, for any purpose, to be regarded as |
| |
having been dismissed by the transferor. |
| |
(3) | This paragraph is without prejudice to any right of an individual employed |
| 10 |
by a transferor to terminate the individual’s contract of employment if (apart |
| |
from the change of employer) a substantial change is made to the |
| |
individual’s detriment in the individual’s working conditions. |
| |
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5 (1) | Anything done by or in relation to the transferor for the purposes of or in |
| 15 |
connection with anything transferred by paragraph 2 which is in effect |
| |
immediately before it is transferred is to be treated as if done by or in relation |
| |
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(2) | There may be continued by or in relation to the transferee anything |
| |
(including legal proceedings) relating to anything so transferred which is in |
| 20 |
the process of being done by or in relation to the transferor immediately |
| |
before it is transferred. |
| |
(3) | A reference to the transferor in any document relating to anything so |
| |
transferred is to be taken (so far as necessary for the purposes of or in |
| |
consequence of the transfer) as a reference to the transferee. |
| 25 |
(4) | A transfer under paragraph 2 does not affect the validity of anything done |
| |
by or in relation to the transferor before the transfer takes effect. |
| |
| |
| |
Amendments of Mental Health Act 1983 |
| |
1 | In this Schedule “the MHA” means the Mental Health Act 1983 (c. 20). |
| 30 |
2 | In section 57 of the MHA (treatment requiring consent and a second |
| |
opinion), in subsection (2)(a), for “the Secretary of State” (in both places) |
| |
substitute “the regulatory authority”. |
| |
3 | In section 58 of the MHA (treatment requiring consent or a second opinion), |
| |
in subsection (3)(a), for “the Secretary of State” substitute “the regulatory |
| 35 |
| |
4 (1) | Section 61 of the MHA (review of treatment) is amended as follows. |
| |
(2) | For “the Secretary of State” (wherever occurring) substitute “the regulatory |
| |
| |
(3) | In subsection (3), after “to him” insert “(whether in England or Wales)”. |
| 40 |
|
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|