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Health and Social Care Bill


Health and Social Care Bill
Schedule 3 — Amendments of Mental Health Act 1983

117

 

(a)   

may exclude matters from investigation in specified

circumstances, and

(b)   

do not require any person exercising functions under the

arrangements to undertake or continue with any

investigation where the person does not consider it

5

appropriate to do so.

(6)   

Where any such complaint as is mentioned in subsection (4) is made

by a Member of Parliament or a member of the National Assembly

for Wales, the results of the investigation must be reported to the

Member of Parliament or member of the Assembly.

10

(7)   

For the purposes of a review or investigation under subsection (1) or

the exercise of functions under arrangements made under this

section, a person authorised by the regulatory authority may at any

reasonable time—

(a)   

visit and interview in private any patient in a hospital or

15

regulated establishment,

(b)   

if the authorised person is a registered medical practitioner or

approved clinician, examine the patient in private there, and

(c)   

require the production of and inspect any records relating to

the detention or treatment of any person who is or has been

20

detained under this Act or who is or has been a community

patient or a patient subject to guardianship.

(8)   

The regulatory authority may make provision for the payment of

remuneration, allowances, pensions or gratuities to or in respect of

persons exercising functions in relation to any review or

25

investigation for which it is responsible under subsection (1) or

functions under arrangements made by it under this section.

(9)   

In this section “regulated establishment” means—

(a)   

an establishment in respect of which a person is registered

under Part 2 of the Care Standards Act 2000, or

30

(b)   

premises used for the carrying on of a regulated activity

(within the meaning of Part 1 of the Health and Social Care

Act 2008) in respect of which a person is registered under

Chapter 2 of that Part.”

9          

After section 120 of the MHA insert—

35

“120A   

 Investigation reports

(1)   

The regulatory authority may publish a report of a review or

investigation carried out by it under section 120(1).

(2)   

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

procedure to be followed in respect of the making of representations

40

to the Care Quality Commission before the publication of a report by

the Commission under subsection (1).

(3)   

The Secretary of State must consult the Care Quality Commission

before making any such regulations.

(4)   

The Welsh Ministers may by regulations make provision as to the

45

procedure to be followed in respect of the making of representations

 
 

Health and Social Care Bill
Schedule 3 — Amendments of Mental Health Act 1983

118

 

to them before the publication of a report by them under subsection

(1).

120B    

Action statements

(1)   

The regulatory authority may direct a person mentioned in

subsection (2) to publish a statement as to the action the person

5

proposes to take as a result of a review or investigation under section

120(1).

(2)   

The persons are—

(a)   

the managers of a hospital within the meaning of Part 2 of

this Act;

10

(b)   

a local social services authority;

(c)   

persons of any other description prescribed in regulations.

(3)   

Regulations may make further provision about the content and

publication of statements under this section.

(4)   

“Regulations” means regulations made—

15

(a)   

by the Secretary of State, in relation to England;

(b)   

by the Welsh Ministers, in relation to Wales.

120C    

Provision of information

(1)   

This section applies to the following persons—

(a)   

the managers of a hospital within the meaning of Part 2 of

20

this Act;

(b)   

a local social services authority;

(c)   

persons of any other description prescribed in regulations.

(2)   

A person to whom this section applies must provide the regulatory

authority with such information as the authority may reasonably

25

request for or in connection with the exercise of its functions under

section 120.

(3)   

A person to whom this section applies must provide a person

authorised under section 120 with such information as the person so

authorised may reasonably request for or in connection with the

30

exercise of functions under arrangements made under that section.

(4)   

This section is in addition to the requirements of section 120(7)(c).

(5)   

“Information” includes documents and records.

(6)   

“Regulations” means regulations made—

(a)   

by the Secretary of State, in relation to England;

35

(b)   

by the Welsh Ministers, in relation to Wales.

120D    

Annual reports

(1)   

The regulatory authority must publish an annual report on its

activities in the exercise of its functions under this Act.

(2)   

The report must be published as soon as possible after the end of

40

each financial year.

(3)   

The Care Quality Commission must send a copy of its annual report

to the Secretary of State who must lay the copy before Parliament.

 
 

Health and Social Care Bill
Schedule 3 — Amendments of Mental Health Act 1983

119

 

(4)   

The Welsh Ministers must lay a copy of their annual report before the

National Assembly for Wales.

(5)   

In this section “financial year” means—

(a)   

the period beginning with the date on which section 48 of the

Health and Social Care Act 2008 comes into force and ending

5

with the next 31 March following that date, and

(b)   

each successive period of 12 months ending with 31 March.”

10         

In section 129 of the MHA (obstruction), in subsection (1), after paragraph

(c) insert—

“(ca)   

fails to comply with a request made under section 120C; or”.

10

11    (1)  

Section 134 of the MHA (correspondence of patients) is amended as follows.

      (2)  

In subsection (3), after paragraph (c) insert—

“(ca)   

the Care Quality Commission;”.

      (3)  

In subsection (6), for “section 121(7) and (8) above” substitute “section

134A(1) to (4)”.

15

      (4)  

In subsection (9), after “this section” insert “and section 134A”.

12         

After section 134 of the MHA insert—

“134A   

 Review of decisions to withhold correspondence

(1)   

The regulatory authority must review any decision to withhold a

postal packet (or anything contained in it) under subsection (1)(b) or

20

(2) of section 134 if an application for a review of the decision is

made—

(a)   

in a case under subsection (1)(b) of that section, by the

patient; or

(b)   

in a case under subsection (2) of that section, either by the

25

patient or by the person by whom the postal packet was sent.

(2)   

An application under subsection (1) must be made within 6 months

of receipt by the applicant of the notice referred to in section 134(6).

(3)   

On an application under subsection (1), the regulatory authority may

direct that the postal packet (or anything contained in it) is not to be

30

withheld.

(4)   

The managers of the hospital concerned must comply with any such

direction.

(5)   

The Secretary of State may by regulations make provision in

connection with the making to and determination by the Care

35

Quality Commission of applications under subsection (1), including

provision for the production to the Commission of any postal packet

which is the subject of such an application.

(6)   

The Welsh Ministers may by regulations make provision in

connection with the making to them of applications under

40

subsection (1), including provision for the production to them of any

postal packet which is the subject of such an application.”

13         

In section 145 of the MHA (general interpretation), in subsection (1), insert

 
 

Health and Social Care Bill
Schedule 4 — Interaction with other authorities
Part 1 — Interpretation

120

 

at the appropriate place—

“ “the regulatory authority” means—

(a)   

in relation to England, the Care Quality Commission;

(b)   

in relation to Wales, the Welsh Ministers;”.

Schedule 4

5

Section 62

 

Interaction with other authorities

Part 1

Interpretation

Inspection authorities

1     (1)  

In this Schedule references to inspection authorities are to be read in

10

accordance with sub-paragraph (2) or (3), as the case may be.

      (2)  

For the purposes of paragraph 5 or 6 the inspection authorities are—

(a)   

Her Majesty’s Chief Inspector of Prisons,

(b)   

Her Majesty’s Chief Inspector of Constabulary,

(c)   

Her Majesty’s Chief Inspector of the Crown Prosecution Service,

15

(d)   

Her Majesty’s Chief Inspector of the National Probation Service for

England and Wales,

(e)   

Her Majesty’s Chief Inspector of Court Administration,

(f)   

Her Majesty’s Chief Inspector of Education, Children’s Services and

Skills, and

20

(g)   

the Audit Commission for Local Authorities and the National Health

Service in England.

      (3)  

For the purposes of paragraph 7 the inspection authorities are—

(a)   

Her Majesty’s Chief Inspector of Prisons,

(b)   

Her Majesty’s Inspectors of Constabulary,

25

(c)   

Her Majesty’s Chief Inspector of the Crown Prosecution Service,

(d)   

Her Majesty’s Inspectorate of the National Probation Service for

England and Wales,

(e)   

Her Majesty’s Inspectorate of Court Administration,

(f)   

Her Majesty’s Chief Inspector of Education, Children’s Services and

30

Skills, and

(g)   

the Audit Commission for Local Authorities and the National Health

Service in England.

Inspection functions

2          

In this Schedule “inspection functions” means functions relating to, or

35

connected with, inspections carried out by the Commission under section

56.

Public authorities

3     (1)  

In this Schedule “public authority”—

 
 

Health and Social Care Bill
Schedule 4 — Interaction with other authorities
Part 2 — Exercise of functions

121

 

(a)   

includes any person certain of whose functions are functions of a

public nature, but

(b)   

does not include either House of Parliament or a person exercising

functions in connection with proceedings in Parliament.

      (2)  

Subject to paragraph 9(3), references in this Schedule to a public authority do

5

not include a public authority outside the United Kingdom.

      (3)  

In relation to a particular act, a person is not a public authority by virtue of

sub-paragraph (1) if the nature of the act is private.

Part 2

Exercise of functions

10

Delegation of inspection functions to public authorities

4     (1)  

The Commission may delegate any of its inspection functions (to such extent

as it may determine) to another public authority.

      (2)  

If the carrying out of an inspection is delegated under sub-paragraph (1) it is

nevertheless to be regarded for the purposes of any enactment as carried out

15

by the Commission.

Inspection programmes and inspection frameworks

5     (1)  

The Commission must from time to time, or at such times as the Secretary of

State may specify by order, prepare—

(a)   

a document setting out what inspections it proposes to carry out (an

20

“inspection programme”), and

(b)   

a document setting out the manner in which it proposes to exercise

its functions of inspecting and reporting (an “inspection

framework”).

      (2)  

Before preparing an inspection programme or an inspection framework the

25

Commission must consult—

(a)   

the Secretary of State,

(b)   

the inspection authorities, and

(c)   

any other person or body specified by an order made by the

Secretary of State,

30

           

and it must send to each of those persons or bodies a copy of each

programme or framework once it is prepared.

      (3)  

The Secretary of State may by order specify the form that inspection

programmes or inspection frameworks are to take.

      (4)  

The Commission may determine that any document or combination of

35

documents prepared for the purposes of any other enactment or enactments

is to be treated as a document prepared for the purposes of sub-paragraph

(1)(b) (so long as any requirements applying under or by virtue of this

paragraph are complied with in relation to the document or documents

concerned).

40

      (5)  

Nothing in any inspection programme or inspection framework is to be read

as preventing the Commission from making visits without notice.

 
 

Health and Social Care Bill
Schedule 4 — Interaction with other authorities
Part 2 — Exercise of functions

122

 

Inspections by other inspectors of activities within Commission’s remit

6     (1)  

If—

(a)   

a specified inspector is proposing to carry out an inspection that

would involve inspecting a specified organisation, and

(b)   

the Commission considers that the proposed inspection would

5

impose an unreasonable burden on the specified organisation, or

would do so if carried out in a particular way,

           

the Commission must, subject to sub-paragraph (6), give a notice to the

specified inspector requiring the inspector not to carry out the proposed

inspection, or not to carry it out in that way.

10

      (2)  

In this paragraph “specified inspector” means—

(a)   

an inspection authority, or

(b)   

any other person or body specified by order made by the Secretary

of State.

      (3)  

In this paragraph “specified organisation” means a person or body specified

15

by order made by the Secretary of State.

      (4)  

A person or body may be specified under sub-paragraph (3) in relation to

particular functions or particular activities.

      (5)  

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read

as referring to an inspection that would involve inspecting the discharge by

20

that person or body of any of the functions, or the carrying on by that person

or body of any of the activities, in relation to which it is specified.

      (6)  

The Secretary of State may by order specify cases or circumstances in which

a notice need not, or may not, be given under this paragraph.

      (7)  

Where a notice is given under this paragraph, the proposed inspection is not

25

to be carried out, or (as the case may be) is not to be carried out in the manner

mentioned in the notice; but this is subject to sub-paragraph (8).

      (8)  

The Secretary of State, if satisfied that the proposed inspection—

(a)   

would not impose an unreasonable burden on the specified

organisation in question, or

30

(b)   

would not do so if carried out in a particular manner,

           

may give consent to the inspection being carried out, or being carried out in

that manner.

      (9)  

The Secretary of State may by order make provision supplementing that

made by this paragraph, including in particular—

35

(a)   

provision about the form of notices;

(b)   

provision prescribing the period within which notices are to be

given;

(c)   

provision prescribing circumstances in which notices are, or are not,

to be made public;

40

(d)   

provision for revising or withdrawing notices;

(e)   

provision for setting aside notices not validly given.

Co-operation

7          

The Commission must co-operate with—

 
 

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

123

 

(a)   

the inspection authorities, and

(b)   

any other public authority specified by order made by the Secretary

of State,

           

where it is appropriate to do so for the efficient and effective exercise of the

Commission’s functions.

5

Joint action

8     (1)  

The Commission may act jointly with another public authority where it is

appropriate to do so for the efficient and effective exercise of the

Commission’s functions.

      (2)  

Sub-paragraph (1) is without prejudice to any other power the Commission

10

may have to act jointly with another public authority.

Advice or assistance for other public authorities

9     (1)  

The Commission may, if it thinks it appropriate to do so, provide advice or

assistance to another public authority for the purpose of the exercise by that

authority of that authority’s functions.

15

      (2)  

Advice or assistance under this paragraph may be provided on such terms,

including terms as to payment, as the Commission thinks fit.

      (3)  

In this paragraph the reference to another public authority includes a public

authority in the Channel Islands or the Isle of Man.

Inspections carried out under arrangements

20

10    (1)  

The Commission may make arrangements with—

(a)   

an inspection authority, or

(b)   

any other public authority specified by order made by the Secretary

of State,

           

to carry out, on behalf of the authority, inspections in England of any

25

institution or matter which the Commission is not required or authorised to

carry out by virtue of any other enactment.

      (2)  

Inspections under this paragraph may be carried out on such terms,

including terms as to payment, as the Commission thinks fit.

Schedule 5

30

Section 91

 

Further amendments relating to Part 1

Part 1

Amendments of Care Standards Act 2000

1          

In this Part of this Schedule “the 2000 Act” means the Care Standards Act

2000 (c. 14).

35

2     (1)  

Section 1 of the 2000 Act (children’s homes) is amended as follows.

      (2)  

In subsection (4), after “establishment” insert “in Wales”.

 
 

 
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