Health and Social Care (Community Health and Standards) Bill

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Session 2002 - 03
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Health and Social Care (Community Health and Standards) Bill

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 6 — Social services: functions of National Assembly for Wales
43

associated apparatus or material which is or has been in use in connection with
the records in question.
(4)
A person authorised by virtue of section 98 to enter and inspect premises
may—
(a)
require any person to afford him such facilities and assistance with
5
respect to matters within the person’s control as are necessary to enable
him to exercise his powers under section 98 or this section;
(b)
take such measurements and photographs and make such recordings
as he considers necessary to enable him to exercise those powers.
(5)
Any person who without reasonable excuse—
10
(a)
obstructs the exercise of any power conferred by section 98 or this
section, or
(b)
fails to comply with any requirement of section 98 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
15
100
Power to require information
(1)
The Assembly may at any time require any person specified in subsection (2)
to provide it with any information, documents, records (including personal
records) or other items—
(a)
which relates or relate to the discharge by a local authority in Wales of
20
its social services functions; and
(b)
which the Assembly considers it necessary or expedient to have for the
purpose of any of its functions under this Chapter.
(2)
The persons referred to in subsection (1) are—
(a)
the local authority;
25
(b)
a person providing a Welsh local authority social service for the
authority; or
(c)
any NHS body.
(3)
The power in subsection (1) to require the provision of information includes, in
relation to records kept by means of a computer, power to require the
30
provision of the records in legible form.
(4)
Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
101
Power to require explanation
35
(1)
The Assembly may by regulations make provision requiring prescribed
persons to provide to the Assembly, or to persons authorised by it, an
explanation of—
(a)
any documents, records or items inspected, copied or produced under
sections 98 to 100,
40
(b)
any information provided under those sections, or
(c)
any matters which are the subject of the exercise of any functions of the
Assembly under this Chapter,

in cases where the Assembly considers the explanation necessary or expedient
for the purposes of this Chapter.
45

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000
44

(2)
Regulations under subsection (1) may require explanations to be provided at
such times and places as may be specified by the Assembly.
(3)
Any person who without reasonable excuse fails to comply with any
requirement imposed by virtue of this section is guilty of an offence and liable
on summary conviction to a fine not exceeding level 4 on the standard scale.
5
Chapter 7
Functions under the Care Standards Act 2000
Functions of CHAI and CSCI
102
Transfer of functions to CHAI and CSCI
(1)
The functions of the National Care Standards Commission under Part 2 of the
10
Care Standards Act 2000 (c. 14) (registration and standards) are transferred in
accordance with subsections (2) and (3).
(2)
Its functions under that Part are transferred to the CHAI insofar as they relate
to—
(a)
independent hospitals;
15
(b)
independent clinics; and
(c)
independent medical agencies.
(3)
Its functions under that Part are transferred to the CSCI insofar as they relate
to—
(a)
children’s homes;
20
(b)
care homes;
(c)
residential family centres;
(d)
domiciliary care agencies;
(e)
nurses agencies;
(f)
fostering agencies;
25
(g)
voluntary adoption agencies; and
(h)
adoption support agencies.
(4)
In relation to any period after the coming into force of this subsection but
before the coming into force of sections 80 and 81, the functions of the National
Care Standards Commission under Part 3 of that Act are transferred to the
30
CSCI.
103
General functions of CHAI
In the Care Standards Act 2000, after section 5 insert—
“5A
General duties of Commission for Healthcare Audit and Inspection
(1)
The Commission for Healthcare Audit and Inspection (referred to in
35
this Act as “the CHAI”) shall have the general duty of keeping the
Secretary of State informed about—
(a)
the provision in England of independent health services; and
(b)
in particular, the availability and quality of the services.

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000
45

(2)
The CHAI shall have the general duty of encouraging improvement in
the quality of independent health services provided in England.
(3)
The CHAI shall make information about independent health services
provided in England available to the public.
(4)
When asked to do so by the Secretary of State, the CHAI shall give him
5
advice or information on such matters relating to the provision in
England of independent health services as may be specified in his
request.
(5)
The CHAI may at any time give advice to the Secretary of State on—
(a)
any changes which the CHAI thinks should be made, for the
10
purpose of securing improvement in the quality of independent
health services provided in England, in the standards set out in
statements under section 23;
(b)
any other matter connected with the provision in England of
such services.
15
(6)
In the exercise of its functions under this Act the CHAI must have
particular regard to the need to safeguard and promote the rights and
welfare of children.
(7)
The Secretary of State may by regulations confer additional functions
on the CHAI in relation to the provision in England of independent
20
health services.
(8)
In this section “independent health services” means services of the kind
provided by persons for whom the CHAI is the registration authority.”
104
General functions of CSCI
In the Care Standards Act 2000 (c. 14), after section 5A (inserted by section 103
25
above) insert—
“5B
General duties of Commission for Social Care Inspection
(1)
The Commission for Social Care Inspection (referred to in this Act as
“the CSCI”) shall have the general duty of keeping the Secretary of State
informed about—
30
(a)
the provision in England of registered social care services; and
(b)
in particular, the availability and quality of the services.
(2)
The CSCI shall have the general duty of encouraging improvement in
the quality of registered social care services provided in England.
(3)
The CSCI shall make information about registered social care services
35
provided in England available to the public.
(4)
When asked to do so by the Secretary of State, the CSCI shall give him
advice or information on such matters relating to the provision in
England of registered social care services as may be specified in his
request.
40
(5)
The CSCI may at any time give advice to the Secretary of State on—
(a)
any changes which the CSCI thinks should be made, for the
purpose of securing improvement in the quality of registered

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000
46

social care services provided in England, in the standards set
out in statements under section 23;
(b)
any other matter connected with the provision in England of
registered social care services.
(6)
In the exercise of its functions under this Act the CSCI must have
5
particular regard to the need to safeguard and promote the rights and
welfare of children.
(7)
The Secretary of State may by regulations confer additional functions
on the CSCI in relation to the provision in England of registered social
care services.
10
(8)
In this section, “registered social care services” means services of the
kind provided by persons for whom the CSCI is the registration
authority.”
105
Fees
(1)
The Care Standards Act 2000 (c. 14) is amended as follows.
15
(2)
After section 113 insert—
“113A   Fees payable under Part 2
(1)
The CHAI and the CSCI may each from time to time make and publish
provision determining the amount of any fee payable to it under Part 2.
(2)
Provision under subsection (1) may include provision—
20
(a)
for different amounts to be payable in different cases, or classes
of case;
(b)
for different amounts to be payable by persons of different
descriptions.
(3)
Before the CHAI or the CSCI makes any provision under subsection (1)
25
it must consult such bodies as appear to it to be representative of the
persons liable to pay the fee.
(4)
No provision may be made under subsection (1) without the consent of
the Secretary of State.
(5)
If the Secretary of State considers it necessary or desirable to do so, he
30
may by regulations make provision determining the amount of a fee
payable to the CHAI or the CSCI under Part 2 instead of the amount for
which provision is made under subsection (1).
(6)
Before making any regulations under subsection (5) in respect of fees
payable to the CHAI or the CSCI, the Secretary of State shall consult
35
that body and such other persons as appear to him to be appropriate.”
(3)
In section 12 (applications for registration), in subsection (2), for “a fee of the
prescribed amount” substitute “a fee of the amount determined under section
113A, where the registration authority is the CHAI or the CSCI, or of the
prescribed amount, where the registration authority is the Assembly.”
40
(4)
In section 15 (other applications), in subsection (3) for “a fee of such amount as
may be prescribed” substitute “a fee of—
(a)
the amount determined under section 113A, where the
registration authority is the CHAI or the CSCI; or

Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 7 — Functions under the Care Standards Act 2000
47

(b)
the prescribed amount, where the registration authority is the
Assembly.”
(5)
In that section, in subsection (5)—
(a)
for “subsection (3)” substitute “subsection (3)(b)”; and
(b)
for “the registration authority” substitute “the Assembly”.
5
(6)
In section 16 (regulations about registration), for subsection (3) substitute—
“(3)
Persons registered under this Part must also pay to the registration
authority, at such time as may be prescribed, an annual fee—
(a)
of such amount as may be determined under section 113A,
where the registration authority is the CHAI or the CSCI; and
10
(b)
of such amount as may be prescribed, where the registration
authority is the Assembly.”
(7)
In section 22(7)(i) (fees in respect of notification of variation of corporate
ownership etc), for the words from “of a fee” to the end substitute “, in respect
of any notification required to be made by virtue of paragraph (h), of a fee of—
15
(i)
such amount as may be determined under section 113A,
where notification is made to the CHAI or the CSCI; or
(ii)
the prescribed amount, where notification is made to the
Assembly”.
Miscellaneous
20
106
Meaning of “independent medical agency”
In section 2(5) of the Care Standards Act 2000 (c. 14) (an “independent medical
agency” does not include an independent clinic), after “clinic” insert “or an
independent hospital”.
107
Children’s homes providing secure accommodation
25
(1)
In section 4 of the Care Standards Act 2000 (basic definitions), in subsection
(8)(a) (references to a description of establishment), after “children’s home”
insert “, a children’s home providing accommodation for the purpose of
restricting liberty,”.
(2)
In section 22 of that Act (regulations), in subsection (8) (regulations relating to
30
children’s homes)—
(a)
omit paragraph (a), and
(b)
in paragraph (b), for “mentioned in paragraph (a)” substitute “of
restricting liberty”.
108
Information and inspection
35
(1)
Section 31 of the Care Standards Act 2000 (inspections by persons authorised
by registration authority) is amended as follows.
(2)
After subsection (1), insert—
“(1A)
The power under subsection (1) to require the provision of information
includes—
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Health and Social Care (Community Health and Standards) Bill
Part 2 — Standards
Chapter 8 — Other functions of CSCI
48

(a)
power to require the provision of copies of any documents or
records (including medical and other personal records); and
(b)
in relation to records kept by means of a computer, power to
require the provision of the records in legible form.”
(3)
In subsection (3)—
5
(a)
in paragraph (b), for “(other than medical records)” substitute
“(including medical and other personal records)”; and
(b)
in paragraph (d), for “employed” substitute “working”.
(4)
In subsection (6), omit “and inspect any medical records relating to his
treatment in the establishment”.
10
109
Assembly: duties relating to children
In section 8 of the Care Standards Act 2000 (c. 14) (general functions of the
Assembly), at the end insert—
“(6)
The Assembly must have particular regard to the need to safeguard
and promote the rights and welfare of children in the exercise of—
15
(a)
its functions exercisable by virtue of section 5(b) and
subsections (1) to (3) of this section; and
(b)
any other functions exercisable by the Assembly corresponding
to functions exercisable by the CSCI in relation to England.”
Chapter 8
20
Other functions of CSCI
110
Boarding schools and colleges
The functions of the National Care Standards Commission under section 87 of
the Children Act 1989 (c. 41) (welfare of children accommodated in boarding
schools and colleges) are transferred to the CSCI.
25
111
Boarding schools and colleges: reports
In section 87 of the Children Act 1989, after subsection (9) insert—
“(9A)
Where the Commission or the National Assembly for Wales exercises
the power conferred by subsection (5) in relation to a child, it must
publish a report on whether the child’s welfare is adequately
30
safeguarded and promoted while he is accommodated by the school or
college.
(9B)
Where the Commission or the National Assembly for Wales publishes
a report under this section, it must—
(a)
send a copy of the report to the school or college concerned; and
35
(b)
make copies of the report available for inspection at its offices
by any person at any reasonable time.
(9C)
Any person who requests a copy of a report published under this
section is entitled to have one on payment of such reasonable fee (if
any) as the Commission or the National Assembly for Wales (as the
40
case may be) considers appropriate.”