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Health and Social Care Bill


110

Health and Social Care Bill
Schedule 1 — The Care Quality Commission

 

Schedules

Schedule 1

Section 1

 

The Care Quality Commission

Status

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.

      (2)  

The Commission’s property is not to be regarded as property of, or property

held on behalf of, the Crown.

General powers and duties

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

functions.

      (2)  

This includes, in particular—

(a)   

co-operating with other public authorities in the United Kingdom,

(b)   

acquiring and disposing of land and other property,

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(c)   

entering into contracts,

(d)   

providing training, and

(e)   

doing things outside (as well as within) the United Kingdom.

      (3)  

It is the duty of the Commission to carry out its functions effectively,

efficiently and economically.

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Membership

3     (1)  

The Commission is to consist of—

(a)   

a chair appointed by the Secretary of State, and

(b)   

other members so appointed.

      (2)  

The Secretary of State may, in the prescribed manner, remove the chair or

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any other member from office if (but only if) the Secretary of State is satisfied

that the person—

(a)   

is unable or unfit to carry out the duties of that office,

(b)   

is failing to carry out those duties, or

(c)   

is disqualified from holding office (or was disqualified at the time of

30

appointment).

      (3)  

The Secretary of State may by regulations make provision as to—

 

 

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(a)   

the appointment of the chair and other members (including the

number, or limits on the number, of members who may be appointed

and any conditions to be fulfilled for appointment), and

(b)   

subject to this paragraph of this Schedule, the tenure of office of the

chair and other members (including the circumstances in which they

5

are to cease to hold office, are disqualified from holding office or may

be suspended from office).

      (4)  

Regulations under sub-paragraph (3)(b) relating to the suspension of a

person from office may only provide for suspension where it appears to the

Secretary of State that one of the conditions in sub-paragraph (2) is or may

10

be satisfied in relation to that person.

Remuneration and allowances

4     (1)  

The Commission must pay to its chair, or to any other member, such

remuneration and allowances as the Secretary of State may determine.

      (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

Secretary of State may determine to or in respect of a person who is or has

been the chair or any other member of the Commission.

      (3)  

If the Secretary of State determines that there are special circumstances that

make it right for a person ceasing to hold office as chair of the Commission

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to receive compensation, the Commission must—

(a)   

pay to that person, or

(b)   

make provision for the payment to that person of,

           

such compensation as the Secretary of State may determine.

Employees

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5     (1)  

The Commission must appoint a chief executive, who is to be an employee

of the Commission.

      (2)  

The Commission may appoint such other employees as it considers

appropriate.

      (3)  

Employees of the Commission are to be appointed on such terms and

30

conditions as the Commission may determine.

      (4)  

Without prejudice to its other powers, the Commission may pay, or make

provision for the payment of—

(a)   

pensions, allowances and gratuities, or

(b)   

compensation for loss of employment or reduction of remuneration,

35

           

to or in respect of its employees.

Procedure

6     (1)  

The Commission must appoint an advisory committee (“the advisory

committee”) for the purpose of giving advice or information to it about

matters connected with its functions.

40

      (2)  

In considering how to exercise its functions, the Commission must have

regard to relevant advice and information given to it by the advisory

committee (whether or not given at its request).

 
 

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      (3)  

The Commission may appoint such other committees and sub-committees

as it thinks fit.

      (4)  

The advisory committee and any committee or sub-committee appointed

under sub-paragraph (3) may consist of or include persons who are not

members of the Commission.

5

      (5)  

The advisory committee must include persons of a prescribed description.

      (6)  

The Commission may pay such remuneration and allowances as it thinks fit

to persons who—

(a)   

are members of its committees and sub-committees, but

(b)   

are not members of the Commission.

10

      (7)  

The Commission may in all other respects regulate its own procedure.

      (8)  

The validity of proceedings of the Commission is not affected—

(a)   

by any vacancy in its membership,

(b)   

by any defect in the appointment of a member, or

(c)   

by any person—

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(i)   

acting as a member even though ineligible for appointment

when purportedly appointed, or

(ii)   

acting as a member after having ceased to be a member.

Exercise of functions

7     (1)  

The Commission may arrange for—

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(a)   

any of its committees, sub-committees, members or employees, or

(b)   

any other person,

           

to exercise any of its functions on its behalf.

      (2)  

If the Commission arranges for the exercise of any function as mentioned in

sub-paragraph (1)(b), the arrangements may include provision with respect

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to the payment of remuneration and allowances to, or amounts in respect of,

any such person.

      (3)  

The reference in sub-paragraph (1) to any of the Commission’s committees

does not include the advisory committee.

Assistance

30

8     (1)  

The Commission may arrange for such persons as it thinks fit to assist it in

the exercise of any of its functions in relation to—

(a)   

a particular case, or

(b)   

cases of a particular description.

      (2)  

Such arrangements may include provision with respect to the payment of

35

remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to the Commission

9     (1)  

The Secretary of State may make payments to the Commission of such

amounts, at such times and on such conditions (if any) as the Secretary of

State considers appropriate.

40

 
 

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      (2)  

The Secretary of State may, with the approval of the Treasury, lend money

to the Commission on such terms (including terms as to repayment and

interest) as the Secretary of State may determine.

      (3)  

Except as provided by sub-paragraph (2), the Commission has no power to

borrow money.

5

Accounts

10    (1)  

The Commission must keep accounts in such form as the Secretary of State

may determine.

      (2)  

The Commission must prepare annual accounts in respect of each financial

year in such form as the Secretary of State may determine.

10

      (3)  

The Commission must send copies of the annual accounts to—

(a)   

the Secretary of State, and

(b)   

the Comptroller and Auditor General,

           

within such period after the end of the financial year to which the accounts

relate as the Secretary of State may determine.

15

      (4)  

The Comptroller and Auditor General must examine, certify and report on

the annual accounts and must lay copies of the accounts, and of the report

on them, before Parliament.

      (5)  

In this paragraph “financial year” means—

(a)   

the period beginning with the day on which the Commission is

20

established and ending with the next 31 March following that day,

and

(b)   

each successive period of 12 months ending with 31 March.

Seal and evidence

11         

The application of the seal of the Commission must be authenticated by the

25

signature—

(a)   

of any member of the Commission, or

(b)   

of any other person who has been authorised by the Commission

(whether generally or specifically) for that purpose.

12         

A document—

30

(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

so executed or signed.

Schedule 2

35

Section 3

 

Transfers of property and staff etc.

Transfer schemes

1     (1)  

The Secretary of State may make one or more transfer schemes for—

 
 

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Schedule 2 — Transfers of property and staff etc.

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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

the Crown;

(b)   

the transfer of property, rights and liabilities of the Commission for

Social Care Inspection to the Care Quality Commission or the

5

Crown;

(c)   

the transfer of property, rights and liabilities of the Mental Health

Act Commission—

(i)   

to the Care Quality Commission or the Welsh Ministers, or

(ii)   

to the Crown;

10

(d)   

the transfer of property, rights and liabilities of the Crown to the

Care Quality Commission.

      (2)  

The property, rights and liabilities which may be the subject of a scheme

include—

(a)   

any that would otherwise be incapable of being transferred or

15

assigned,

(b)   

rights and liabilities under a contract of employment, and

(c)   

criminal liabilities.

      (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

undertaking).

      (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

mentioned in sub-paragraph (1)) whose interests are adversely affected by

25

the scheme.

      (5)  

A scheme under this paragraph may include supplementary, incidental,

transitional and consequential provision.

      (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.

Transfer

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

appointed by the scheme in accordance with the provisions of the scheme.

35

Employment

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

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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

Act.

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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

the transfer.

      (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.

Transitional

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

to the transferee.

      (2)  

There may be continued by or in relation to the transferee anything

(including legal proceedings) relating to anything so transferred which is in

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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.

Schedule 3

Section 48

 

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

authority”.

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

authority”.

      (3)  

In subsection (3), after “to him” insert “(whether in England or Wales)”.

40

 
 

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5          

In section 64H of the MHA (certificates: supplementary provision), in

subsections (4) and (5), for “appropriate national authority” substitute

“regulatory authority”.

6     (1)  

Section 118 of the MHA (code of practice) is amended as follows.

      (2)  

In subsection (2), for “appointed for the purposes of this section by the

5

Secretary of State” substitute “appointed for the purposes of this section by

the regulatory authority”.

      (3)  

After subsection (6) insert—

“(7)   

The Care Quality Commission may at any time make proposals to

the Secretary of State as to the content of the code of practice which

10

the Secretary of State must prepare, and from time to time revise,

under this section in relation to England.”

7     (1)  

Section 119 of the MHA (practitioners approved for Part 4 and section 118)

is amended as follows.

      (2)  

In subsection (1)—

15

(a)   

for “The Secretary of State” substitute “The regulatory authority”,

(b)   

for “he” substitute “it”, and

(c)   

for “by him” substitute “by the authority”.

      (3)  

In subsection (2), omit “by the Secretary of State”.

8          

For section 120 of the MHA substitute—

20

“120    

General protection of relevant patients

(1)   

The regulatory authority must keep under review and, where

appropriate, investigate the exercise of the powers and the discharge

of the duties conferred or imposed by this Act so far as relating to the

detention of patients or their reception into guardianship or to

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relevant patients.

(2)   

Relevant patients are—

(a)   

patients liable to be detained under this Act,

(b)   

community patients, and

(c)   

patients subject to guardianship.

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(3)   

The regulatory authority must make arrangements for persons

authorised by it to visit and interview relevant patients in private—

(a)   

in the case of relevant patients detained under this Act, in the

place where they are detained, and

(b)   

in the case of other relevant patients, in hospitals and

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regulated establishments and, if access is granted, other

places.

(4)   

The regulatory authority must also make arrangements for persons

authorised by it to investigate any complaint as to the exercise of the

powers or the discharge of the duties conferred or imposed by this

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Act in respect of a patient who is or has been detained under this Act

or who is or has been a relevant patient.

(5)   

The arrangements made under subsection (4)—

 
 

 
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