|
| |
|
associated apparatus or material which is or has been in use in connection with |
| |
| |
(4) | A person authorised by virtue of section 98 to enter and inspect premises |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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— |
| |
| 25 |
(b) | a person providing a Welsh local authority social service for the |
| |
| |
| |
(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 |
| |
| |
(a) | any documents, records or items inspected, copied or produced under |
| |
| 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 |
|
| |
|
| |
|
(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 |
| |
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 |
| |
| |
(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 |
| |
| |
| 20 |
| |
(c) | residential family centres; |
| |
(d) | domiciliary care 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 |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| |
(7) | The Secretary of State may by regulations confer additional functions |
| |
on the CHAI in relation to the provision in England of independent |
| 20 |
| |
(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 |
| |
“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 |
| |
| 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 |
| |
| 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 |
| |
|
| |
|
| |
|
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 |
| |
| |
(7) | The Secretary of State may by regulations confer additional functions |
| |
on the CSCI in relation to the provision in England of registered social |
| |
| 10 |
(8) | In this section, “registered social care services” means services of the |
| |
kind provided by persons for whom the CSCI is the registration |
| |
| |
| |
(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 |
| |
| |
(b) | for different amounts to be payable by persons of different |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(b) | the prescribed amount, where the registration authority is the |
| |
| |
(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 |
| |
| |
| 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 |
| |
| |
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 |
| |
| |
(2) | In section 22 of that Act (regulations), in subsection (8) (regulations relating to |
| 30 |
| |
(a) | omit paragraph (a), and |
| |
(b) | in paragraph (b), for “mentioned in paragraph (a)” substitute “of |
| |
| |
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 |
| |
| 40 |
|
| |
|
| |
|
(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.” |
| |
| 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.” |
| |
| 20 |
| |
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 |
| |
| |
(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.” |
| |
|
| |
|