Health and Social Care (Community Health and Standards) Bill

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Session 2002 - 03
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Other Bills before Parliament

Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and

Standards) Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department of Health, will be
published separately as HL Bill 94–EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Lord Warner has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:
In my view the provisions of the Health and Social Care (Community Health
and Standards) Bill are compatible with the Convention rights.

HL Bill 94 53/2

Health and Social Care (Community Health and Standards) Bill

Contents
Part 1
NHS foundation trusts
Introductory
      1         NHS foundation trusts
      2         Independent Regulator of NHS Foundation Trusts
      3         General duty of regulator
Authorisation
      4         Applications by NHS trusts
      5         Other applications
      6         Authorisation of NHS foundation trusts
      7         Effect of authorisation
      8         Amendments of constitution
      9         Variation of authorisation
      10         Register of NHS foundation trusts
Financial matters
      11         Power of Secretary of State to give financial assistance
      12         Prudential borrowing code
      13         Public dividend capital
Functions
      14         Authorised services
      15         Private health care
      16         Protection of property
      17         Financial powers
      18         General powers
      19         Information
      20         Entry and inspection of premises
      21         Fees
      22         Trust funds and trustees

HL Bill 94 53/2

Health and Social Care (Community Health and Standards) Bill
iv

Failure
      23         Failing NHS foundation trusts
      24         Voluntary arrangements
      25         Dissolution etc.
      26         Sections 23 to 25 : supplementary
Mergers
      27         Mergers
      28         Section 27 : supplementary
Co-operation
      29         Co-operation between NHS bodies
Patient and public involvement
      30         Public involvement and consultation
      31         Patients’ Forums
      32         Commission for Patient and Public Involvement in Health
Miscellaneous
      33         Taxation
      34         Other amendments relating to NHS foundation trusts
      35         Offence
      36         Representative membership
      37         Audit
      38         General duty of NHS foundation trusts
Supplementary
      39         Interpretation of Part 1
Part 2
Standards
Chapter 1
Regulatory bodies
      40         The Commission for Healthcare Audit and Inspection
      41         The Commission for Social Care Inspection
      42         Transfer of property etc to CHAI and CSCI
      43         Abolition of former regulatory bodies
Chapter 2
NHS health care: introductory
      44         Quality in health care
      45         Standards set by Secretary of State
      46         Standards set by Assembly

Health and Social Care (Community Health and Standards) Bill
v

Chapter 3
NHS health care: functions of CHAI
Healthcare provided by and for NHS bodies
      47         Introductory
      48         National performance data
      49         Annual reviews
      50         Reviews: England and Wales
      51         Reviews and investigations: England
      52         Failings
      53         Functions relating to Secretary of State and Assembly
      54         Functions relating to regulator
      55         Reviews of data
      56         Co-ordination of reviews
Other functions
      57         Studies as to economy, efficiency etc
      58         Additional functions
Supplementary
      59         Criteria
      60         Provision of material
      61         Fees
      62         Fees: Wales
      63         Reports and information
      64         Right of entry
      65         Right of entry: supplementary
      66         Power to require documents and information etc
      67         Power to require explanation
Chapter 4
NHS health care: functions of National Assembly for Wales
Reviews and investigations
      68         Reviews and investigations relating to Wales
      69         Reporting to Secretary of State and regulator
Ancillary powers
      70         Right of entry
      71         Right of entry: supplementary
      72         Power to require documents and information
      73         Power to require explanation

Health and Social Care (Community Health and Standards) Bill
vi

Chapter 5
Social services: functions of CSCI
Provision of social services
      74         Introductory
      75         Information and advice
      76         Review of studies and research
      77         Annual reviews
      78         Other reviews and investigations
      79         Failings
Other functions
      80         Studies as to economy, efficiency etc
      81         Joint working with Audit Commission
      82         Additional functions
Supplementary
      83         Criteria
      84         Fees
      85         Reports and information
      86         Right of entry
      87         Right of entry: supplementary
      88         Power to require information etc
      89         Power to require explanation
Chapter 6
Social services: functions of National Assembly for Wales
Provision of social services
      90         General function
      91         Reviews of studies and research
      92         Reviews and investigations
      93         Studies as to economy, efficiency etc
      94         Additional functions
      95         General considerations
Ancillary powers
      96         Right of entry
      97         Right of entry: supplementary
      98         Power to require information
      99         Power to require explanation

Health and Social Care (Community Health and Standards) Bill
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Chapter 7
Functions under the Care Standards Act 2000
Functions of CHAI and CSCI
      100         Transfer of functions to CHAI and CSCI
      101         General functions of CHAI
      102         General functions of CSCI
      103         Fees
Miscellaneous
      104         Meaning of “independent medical agency”
      105         Children’s homes providing secure accommodation
      106         Information and inspection
      107         Assembly: duties relating to children
Chapter 8
Other functions of CSCI
      108         Boarding schools and colleges
      109         Boarding schools and colleges: reports
      110         Secure training centres
Chapter 9
Complaints
      111         Complaints about health care
      112         Complaints about social services
      113         Complaints regulations: supplementary
      114         Further consideration of representations under the Children Act 1989
      115         Representations relating to special guardianship support services
      116         Complaints about handling of complaints
      117         Complaints: data protection
Chapter 10
Supplementary and general
Joint working
      118         Co-operation etc
      119         Reviews and investigations
      120         Joint annual reviews
      121         Power to assist
Arrangements with public authorities
      122         Arrangements with Ministers etc: CHAI
      123         Arrangements with Ministers etc: CSCI
      124         Arrangements with the Isle of Man and Channel Islands: CHAI

Health and Social Care (Community Health and Standards) Bill
viii

      125         Arrangements with the Isle of Man and Channel Islands: CSCI
Reports
      126         Reports: CHAI
      127         Reports: CSCI
Relationship with government
      128         Duty to have regard to government policy: CHAI
      129         Duty to have regard to government policy: CSCI
      130         Failure in discharge of functions: CHAI
      131         Failure in discharge of functions: CSCI
Inquiries
      132         Inquiries: CHAI
      133         Inquiries: CSCI
Information
      134         Disclosure of information obtained by CHAI
      135         Section 134 : defence
      136         Information obtained by CHAI: supplementary
      137         Information obtained by CSCI: supplementary
Wales: supplementary
      138         Annual reports of Assembly
      139         Use by Assembly of information
      140         Inquiries: Wales
      141         Co-operation between Assembly and CHAI
General
      142         Offences by bodies corporate
      143         Minor and consequential amendments
      144         Interpretation of Part 2
      145         References to the provision of health care
Part 3
Recovery of NHS charges
NHS charges
      146         Liability to pay NHS charges
Certificates of NHS charges
      147         Applications for certificates of NHS charges
      148         Section 147 : supplementary
      149         Information contained in certificates

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Revised 10 July 2003