Health and Social Care Bill

House of Commons

Session 2007 - 08
Internet Publications
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
129

(a)
for subsection (1) substitute—
“(1)
Proceedings in respect of an offence under this Part or
regulations made under it shall not, without the written
consent of the Attorney General, be taken by any person
other than the CIECSS or the Welsh Ministers.”,
5
(b)
in subsection (2), for “a period of six months” substitute “the
permitted period”, and
(c)
after subsection (2) insert—
“(3)
“The permitted period” means—
(a)
in the case of proceedings brought by the Welsh
10
Ministers, a period of 12 months;
(b)
in any other case, a period of 6 months.”
25
After section 30 of the 2000 Act insert—
“Penalty notices
30ZA
Penalty notices
15
(1)
Where the Welsh Ministers are satisfied that a person has committed
a fixed penalty offence, they may give the person a penalty notice in
respect of the offence.
(2)
A fixed penalty offence is any relevant offence which—
(a)
relates to an establishment or agency for which the Welsh
20
Ministers are the registration authority, and
(b)
is prescribed for the purposes of this section.
(3)
A relevant offence is—
(a)
an offence under this Part or under regulations made under
this Part, or
25
(b)
an offence under regulations made under section 9 of the
Adoption and Children Act 2002.
(4)
A penalty notice is a notice offering the person the opportunity of
discharging any liability to conviction for the offence to which the
notice relates by payment of a penalty in accordance with the notice.
30
(5)
Where a person is given a penalty notice, proceedings for the offence
to which the notice relates may not be instituted before the end of
such period as may be prescribed.
(6)
Where a person is given a penalty notice, the person cannot be
convicted of the offence to which the notice relates if the person pays
35
the penalty in accordance with the notice.
(7)
Penalties under this section are payable to the Welsh Ministers.
(8)
In this section “prescribed” means prescribed by regulations made
by the Welsh Ministers.
30ZB
Penalty notices: supplementary provision
40
(1)
The Welsh Ministers may by regulations make—
(a)
provision as to the form and content of penalty notices,

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000
130

(b)
provision as to the monetary amount of the penalty and time
by which it is to be paid,
(c)
provision determining the methods by which penalties may
be paid,
(d)
provision as to the records to be kept in relation to penalty
5
notices,
(e)
provision for or in connection with the withdrawal, in
prescribed circumstances, of a penalty notice, including—
(i)
repayment of any amount paid by way of penalty
under a penalty notice which is withdrawn, and
10
(ii)
prohibition of the institution or continuation of
proceedings for the offence to which the withdrawn
notice relates,
(f)
provision for a certificate—
(i)
purporting to be signed by or on behalf of a
15
prescribed person, and
(ii)
stating that payment of any amount paid by way of
penalty was or, as the case may be, was not received
on or before a date specified in the certificate,

to be received in evidence of the matters so stated,
20
(g)
provision as to action to be taken if a penalty is not paid in
accordance with a penalty notice, and
(h)
such other provision in relation to penalties or penalty
notices as the Welsh Ministers think necessary or expedient.
(2)
Regulations under subsection (1)(b)—
25
(a)
may make provision for penalties of different amounts to be
payable in different cases, including provision for the penalty
payable under a penalty notice to differ according to the time
by which it is paid, but
(b)
must secure that the amount of any penalty payable in
30
respect of any offence does not exceed one half of the
maximum amount of the fine to which a person committing
the offence would be liable on summary conviction.
(3)
In this section—
“penalty” means a penalty under a penalty notice;
35
“penalty notice” has the meaning given by section 30ZA(4).”
26    (1)
In section 30A of the 2000 Act (notification of matters relating to persons
carrying on or managing certain establishments or agencies), inserted by
section 25 of the Children and Young Persons Act 2008, subsection (2) is
amended as follows.
40
      (2)
After paragraph (a) insert—
“(aa)
has decided to adopt a proposal under section 17(4)(aa) to
suspend the registration of P in respect of the establishment
or agency or to extend any such suspension,
(ab)
has given a notice under section 20B to suspend the
45
registration of P in respect of the establishment or agency or
to extend any such suspension,”.
      (3)
Omit the word “or” at the end of paragraph (b).

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000
131

      (4)
At the end of paragraph (c) insert “or—
(d)
has given P a penalty notice under section 30ZA in respect of
an offence which it alleges P committed in relation to the
establishment or agency and P has paid the penalty in
accordance with the notice,”.
5
27
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”.
28    (1)
Section 42 of the 2000 Act (power to extend the application of Part 2) is
amended as follows.
10
      (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
15
(b)
persons who provide services which are similar to services
which—
(i)
may or must be so provided by Welsh local
authorities, or
(ii)
may or must be provided by Welsh NHS bodies.
20
(2A)
This subsection applies to—
(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
25
which may or must be so provided by English local
authorities.”
      (4)
In subsection (4), after “(2)” insert “or (2A)”.
      (5)
Omit subsection (5).
      (6)
After subsection (5) insert—
30
“(6)
For the purposes of this section, functions mentioned in section
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
35
Authorities not performing functions only or mainly in
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—
40
(a)
Local Health Boards,
(b)
National Health Service trusts all or most of whose
hospitals, establishments and facilities are situated in
Wales,

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
132

(c)
Special Health Authorities performing functions only
or mainly in respect of Wales, and
(d)
cross-border Special Health Authorities but only so
far as their functions are performed in respect of
Wales.”
5
29    (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”
substitute “a home, centre or agency of a kind”.
      (3)
In subsection (3)—
(a)
in paragraph (e) omit “the CSCI,”, and
10
(b)
after that paragraph insert—
“(ea)
staff of the Care Quality Commission who inspect
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
15
are responsible for persons who do so;”.
30
In section 113 of the 2000 Act (default powers of appropriate Minister) omit
subsection (1A).
31
Omit section 113A of the 2000 Act (fees payable under Part 2).
32
After section 118 of the 2000 Act insert—
20
“118A
Regulations: Wales
(1)
This section has effect where a power to make regulations under this
Act is conferred on the Welsh Ministers other than by or by virtue of
the Government of Wales Act 2006.
(2)
Subsections (1) and (5) to (7) of section 118 apply to the exercise of
25
that power as they apply to the exercise of a power conferred on the
Welsh Ministers by or by virtue of that Act.
(3)
A statutory instrument containing regulations made in the exercise
of that power is subject to annulment in pursuance of a resolution of
the Assembly.”
30
33
In section 120 of the 2000 Act (Wales) omit subsection (1).
34
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)
35
Act 2003
35
In this Part of this Schedule “the 2003 Act” means the Health and Social Care
(Community Health and Standards) Act 2003 (c. 43).
36
Omit sections 41 to 44 of the 2003 Act (regulatory bodies).
37
In section 45 of the 2003 Act (quality in health care), in subsection (1), after
40
“each” insert “Welsh”.

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
133

38
Omit section 46 of the 2003 Act (standards set by Secretary of State).
39
Omit sections 47A to 47C of the 2003 Act (code of practice relating to health
care associated infections).
40
Omit sections 48 to 69A of the 2003 Act (NHS health care: functions of
CHAI).
5
41
Omit sections 76 to 91 of the 2003 Act (social services: functions of CSCI).
42
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
Health and Social Care Act 2008, and”.
10
43
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”.
44
Omit sections 102 to 104 of the 2003 Act (functions of CHAI and CSCI under
Care Standards Act).
15
45
In section 113 of the 2003 Act (complaints about health care), in subsection
(3), omit paragraph (b).
46
In section 114 of the 2003 Act (complaints about social services), in
subsection (2), omit paragraph (b).
47
Omit sections 120 to 141 of the 2003 Act (supplementary provision about
20
CHAI and CSCI).
48
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
1983.”
25
49
Omit section 144 of the 2003 Act (inquiries: Wales).
50
Omit sections 145 and 145A of the 2003 Act (CHAI duties to co-operate).
51
In section 148 of the 2003 Act (interpretation of Part 2), omit the following
definitions—
(a)
“the CHAI”,
30
(b)
“the CSCI”,
(c)
“financial year”, and
(d)
“Minister of the Crown”.
52
Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI
and CSCI).
35
Part 3
Amendments of other Acts
Prison Act 1952 (c. 52)
53    (1)
Schedule A1 to the Prison Act 1952 (further provision about Her Majesty’s
Chief Inspector of Prisons) is amended as follows.
40

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
134

      (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)—
5
(a)
omit paragraph (c), and
(b)
for paragraph (d) substitute—
“(d)
the Care Quality Commission;”.
Public Records Act 1958 (c. 51)
54
In Schedule 1 to the Public Records Act 1958 (definition of public records),
10
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—
15
“the Care Quality Commission.”.
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
55
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
20
(b)
after paragraph (bh) insert—
“(bj)
the Care Quality Commission;”.
Parliamentary Commissioner Act 1967 (c. 13)
56
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation)—
25
(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—
“Care Quality Commission.”.
30
House of Commons Disqualification Act 1975 (c. 24)
57    (1)
Schedule 1 to the House of Commons Disqualification Act 1975 (offices
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
35
Inspection and the entry for the Commission for Social Care
Inspection, and
(b)
at the appropriate place insert—
“The Care Quality Commission.”
      (3)
In Part 3 (other disqualifying offices), omit the entry for members of the
40
Mental Health Act Commission in receipt of remuneration.

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
135

Northern Ireland Assembly Disqualification Act 1975 (c. 25)
58
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
5
Inspection, and
(b)
at the appropriate place insert—
“The Care Quality Commission.”
Race Relations Act 1976 (c. 74)
59    (1)
Schedule 1A to the Race Relations Act 1976 (bodies and other persons
10
subject to general statutory duty) is amended as follows.
      (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
15
(b)
at the appropriate place under the heading “Health” insert—
“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.
20
Copyright, Designs and Patents Act 1988 (c. 48)
60
In section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown”
includes certain bodies with health-related functions), for “the Commission
for Healthcare Audit and Inspection, the Commission for Social Care
Inspection” substitute “the Care Quality Commission”.
25
Road Traffic Act 1988 (c. 52)
61
In section 144 of the Road Traffic Act 1988 (exceptions from requirement of
third-party insurance or security), in subsection (2)—
(a)
in paragraph (da) for the words from “, by a Local Health Board” to
“Inspection” substitute “or by a Local Health Board established
30
under section 11 of the National Health Service (Wales) Act 2006”,
and
(b)
in paragraph (g) for “the Commission for Social Care Inspection”
substitute “the Care Quality Commission”.
Vehicle Excise and Registration Act 1994 (c. 22)
35
62
In paragraph 7 of Schedule 2 to the Vehicle Excise and Registration Act 1994
(exempt health service vehicles)—
(a)
omit paragraph (c) (together with the word “or” at the end of it), and
(b)
for paragraph (f) substitute—
“(f)
the Care Quality Commission.”.
40