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Health and Social Care Bill


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

131

 

(b)   

provision as to the monetary amount of the penalty and time

by which it is to be paid,

(c)   

provision determining the methods by which penalties may

be paid,

(d)   

provision as to the records to be kept in relation to penalty

5

notices,

(e)   

provision for or in connection with the withdrawal, in

prescribed circumstances, of a penalty notice, including—

(i)   

repayment of any amount paid by way of penalty

under a penalty notice which is withdrawn, and

10

(ii)   

prohibition of the institution or continuation of

proceedings for the offence to which the withdrawn

notice relates,

(f)   

provision for a certificate—

(i)   

purporting to be signed by or on behalf of a

15

prescribed person, and

(ii)   

stating that payment of any amount paid by way of

penalty was or, as the case may be, was not received

on or before a date specified in the certificate,

   

to be received in evidence of the matters so stated,

20

(g)   

provision as to action to be taken if a penalty is not paid in

accordance with a penalty notice, and

(h)   

such other provision in relation to penalties or penalty

notices as the Welsh Ministers think necessary or expedient.

(2)   

Regulations under subsection (1)(b)—

25

(a)   

may make provision for penalties of different amounts to be

payable in different cases, including provision for the penalty

payable under a penalty notice to differ according to the time

by which it is paid, but

(b)   

must secure that the amount of any penalty payable in

30

respect of any offence does not exceed one half of the

maximum amount of the fine to which a person committing

the offence would be liable on summary conviction.

(3)   

In this section—

“penalty” means a penalty under a penalty notice;

35

“penalty notice” has the meaning given by section 30ZA(4).”

26    (1)  

In section 30A of the 2000 Act (notification of matters relating to persons

carrying on or managing certain establishments or agencies), inserted by

section 25 of the Children and Young Persons Act 2008, subsection (2) is

amended as follows.

40

      (2)  

After paragraph (a) insert—

“(aa)   

has decided to adopt a proposal under section 17(4)(aa) to

suspend the registration of P in respect of the establishment

or agency or to extend any such suspension,

(ab)   

has given a notice under section 20B to suspend the

45

registration of P in respect of the establishment or agency or

to extend any such suspension,”.

      (3)  

Omit the word “or” at the end of paragraph (b).

 
 

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

132

 

      (4)  

At the end of paragraph (c) insert “or—

(d)   

has given P a penalty notice under section 30ZA in respect of

an offence which it alleges P committed in relation to the

establishment or agency and P has paid the penalty in

accordance with the notice,”.

5

27         

In section 31 of the 2000 Act (inspections by persons authorised by

registration authority), in subsection (7), for the words from “require” to “the

CIECSS” substitute “require the CIECSS”.

28    (1)  

Section 42 of the 2000 Act (power to extend the application of Part 2) is

amended as follows.

10

      (2)  

In subsection (1), after “(2)” insert “, (2A)”.

      (3)  

For subsection (2) substitute—

“(2)   

This subsection applies to—

(a)   

Welsh local authorities providing services in the exercise of

their social services functions, and

15

(b)   

persons who provide services which are similar to services

which—

(i)   

may or must be so provided by Welsh local

authorities, or

(ii)   

may or must be provided by Welsh NHS bodies.

20

(2A)   

This subsection applies to—

(a)   

English local authorities providing services in the exercise of

their social services functions so far as relating to persons

aged under 18, and

(b)   

persons who provide services which are similar to services

25

which may or must be so provided by English local

authorities.”

      (4)  

In subsection (4), after “(2)” insert “or (2A)”.

      (5)  

Omit subsection (5).

      (6)  

After subsection (5) insert—

30

“(6)   

For the purposes of this section, functions mentioned in section

135(1)(e) of the Education and Inspections Act 2006 are taken to be

social services functions relating to persons aged under 18.

(7)   

In this section—

“cross-border Special Health Authorities” means Special Health

35

Authorities not performing functions only or mainly in

respect of England or only or mainly in respect of Wales,

“English local authorities” means local authorities in England,

“Welsh local authorities” means local authorities in Wales, and

“Welsh NHS bodies” means—

40

(a)   

Local Health Boards,

(b)   

National Health Service trusts all or most of whose

hospitals, establishments and facilities are situated in

Wales,

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 2 — Amendments of Health and Social Care (Community Health and Standards) Act 2003

133

 

(c)   

Special Health Authorities performing functions only

or mainly in respect of Wales, and

(d)   

cross-border Special Health Authorities but only so

far as their functions are performed in respect of

Wales.”

5

29    (1)  

Section 55 of the 2000 Act (interpretation of Part 4) is amended as follows.

      (2)  

In subsection (2)(c), for “an establishment, or an agency, of a description”

substitute “a home, centre or agency of a kind”.

      (3)  

In subsection (3)—

(a)   

in paragraph (e) omit “the CSCI,”, and

10

(b)   

after that paragraph insert—

“(ea)   

staff of the Care Quality Commission who inspect

premises under Part 1 of the Health and Social Care

Act 2008 used for or in connection with the provision

of social care (within the meaning of that Part) or who

15

are responsible for persons who do so;”.

30         

In section 113 of the 2000 Act (default powers of appropriate Minister) omit

subsection (1A).

31         

Omit section 113A of the 2000 Act (fees payable under Part 2).

32         

After section 118 of the 2000 Act insert—

20

“118A   

 Regulations: Wales

(1)   

This section has effect where a power to make regulations under this

Act is conferred on the Welsh Ministers other than by or by virtue of

the Government of Wales Act 2006.

(2)   

Subsections (1) and (5) to (7) of section 118 apply to the exercise of

25

that power as they apply to the exercise of a power conferred on the

Welsh Ministers by or by virtue of that Act.

(3)   

A statutory instrument containing regulations made in the exercise

of that power is subject to annulment in pursuance of a resolution of

the Assembly.”

30

33         

In section 120 of the 2000 Act (Wales) omit subsection (1).

34         

In section 121 of the 2000 Act (general interpretation etc), in the Table in

subsection (13), omit the entries for the expressions “CHAI” and “CSCI”.

Part 2

Amendments of Health and Social Care (Community Health and Standards)

35

Act 2003

35         

In this Part of this Schedule “the 2003 Act” means the Health and Social Care

(Community Health and Standards) Act 2003 (c. 43).

36         

Omit sections 41 to 44 of the 2003 Act (regulatory bodies).

37         

In section 45 of the 2003 Act (quality in health care), in subsection (1), after

40

“each” insert “Welsh”.

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts

134

 

38         

Omit section 46 of the 2003 Act (standards set by Secretary of State).

39         

Omit sections 47A to 47C of the 2003 Act (code of practice relating to health

care associated infections).

40         

Omit sections 48 to 69A of the 2003 Act (NHS health care: functions of

CHAI).

5

41         

Omit sections 76 to 91 of the 2003 Act (social services: functions of CSCI).

42         

In section 96 of the 2003 Act (additional functions of Welsh Ministers), in

subsection (2), for paragraph (a) substitute—

“(a)   

functions of the Care Quality Commission under Part 1 of the

Health and Social Care Act 2008, and”.

10

43         

In section 100 of the 2003 Act (power of Welsh Ministers to require

information), in subsection (2)(c), for “NHS body” substitute “Welsh NHS

body or cross-border SHA”.

44         

Omit sections 102 to 104 of the 2003 Act (functions of CHAI and CSCI under

Care Standards Act).

15

45         

In section 113 of the 2003 Act (complaints about health care), in subsection

(3), omit paragraph (b).

46         

In section 114 of the 2003 Act (complaints about social services), in

subsection (2), omit paragraph (b).

47         

Omit sections 120 to 141 of the 2003 Act (supplementary provision about

20

CHAI and CSCI).

48         

In section 143 of the 2003 Act (use by Welsh Ministers of information), in

subsection (2), after paragraph (d) insert—

“(e)   

its functions under section 120 of the Mental Health Act

1983.”

25

49         

Omit section 144 of the 2003 Act (inquiries: Wales).

50         

Omit sections 145 and 145A of the 2003 Act (CHAI duties to co-operate).

51         

In section 148 of the 2003 Act (interpretation of Part 2), omit the following

definitions—

(a)   

“the CHAI”,

30

(b)   

“the CSCI”,

(c)   

“financial year”, and

(d)   

“Minister of the Crown”.

52         

Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI

and CSCI).

35

Part 3

Amendments of other Acts

Prison Act 1952 (c. 52)

53    (1)  

Schedule A1 to the Prison Act 1952 (further provision about Her Majesty’s

Chief Inspector of Prisons) is amended as follows.

40

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts

135

 

      (2)  

In paragraph 2(2)—

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

      (3)  

In paragraph 3(2)—

5

(a)   

omit paragraph (c), and

(b)   

for paragraph (d) substitute—

“(d)   

the Care Quality Commission;”.

Public Records Act 1958 (c. 51)

54         

In Schedule 1 to the Public Records Act 1958 (definition of public records),

10

in Part 2 of the Table at the end of paragraph 3—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)   

at the appropriate place insert—

15

“the Care Quality Commission.”

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

55         

In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings)

Act 1960 (bodies in England and Wales to which the Act applies)—

(a)   

omit paragraphs (bg) and (bh), and

20

(b)   

after paragraph (bh) insert—

“(bj)   

the Care Quality Commission;”.

Parliamentary Commissioner Act 1967 (c. 13)

56         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc

subject to investigation)—

25

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)   

at the appropriate place insert—

“Care Quality Commission.”

30

House of Commons Disqualification Act 1975 (c. 24)

57    (1)  

Schedule 1 to the House of Commons Disqualification Act 1975 (offices

disqualified for membership) is amended as follows.

      (2)  

In Part 2 (bodies of which all members are disqualified)—

(a)   

omit the entry for the Commission for Healthcare Audit and

35

Inspection and the entry for the Commission for Social Care

Inspection, and

(b)   

at the appropriate place insert—

“The Care Quality Commission.”

      (3)  

In Part 3 (other disqualifying offices), omit the entry for members of the

40

Mental Health Act Commission in receipt of remuneration.

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts

136

 

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

58         

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification

Act 1975 (bodies of which all members are disqualified)—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

5

Inspection, and

(b)   

at the appropriate place insert—

“The Care Quality Commission.”

Race Relations Act 1976 (c. 74)

59    (1)  

Schedule 1A to the Race Relations Act 1976 (bodies and other persons

10

subject to general statutory duty) is amended as follows.

      (2)  

In Part 2 (bodies and other persons added after commencement of duty)—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

Inspection, and

15

(b)   

at the appropriate place under the heading “Health” insert—

“The Care Quality Commission.”

      (3)  

In Part 4 (bodies and other persons added on 31 December 2004), omit the

entry for the Commission for Healthcare Audit and Inspection and the entry

for the Commission for Social Care Inspection.

20

Copyright, Designs and Patents Act 1988 (c. 48)

60         

In section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown”

includes certain bodies with health-related functions), for “the Commission

for Healthcare Audit and Inspection, the Commission for Social Care

Inspection” substitute “the Care Quality Commission”.

25

Road Traffic Act 1988 (c. 52)

61         

In section 144 of the Road Traffic Act 1988 (exceptions from requirement of

third-party insurance or security), in subsection (2)—

(a)   

in paragraph (da) for the words from “, by a Local Health Board” to

“Inspection” substitute “or by a Local Health Board established

30

under section 11 of the National Health Service (Wales) Act 2006”,

and

(b)   

in paragraph (g) for “the Commission for Social Care Inspection”

substitute “the Care Quality Commission”.

Vehicle Excise and Registration Act 1994 (c. 22)

35

62         

In paragraph 7 of Schedule 2 to the Vehicle Excise and Registration Act 1994

(exempt health service vehicles)—

(a)   

omit paragraph (c) (together with the word “or” at the end of it), and

(b)   

for paragraph (f) substitute—

“(f)   

the Care Quality Commission.”

40

 
 

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts

137

 

Police Act 1996 (c. 16)

63    (1)  

Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s

Inspectors of Constabulary) is amended as follows.

      (2)  

In paragraph 2(2)—

(a)   

omit paragraph (f), and

5

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

      (3)  

In paragraph 3(2), for paragraph (d) substitute—

“(d)   

the Care Quality Commission;”.

      (4)  

In paragraph 4—

10

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

Audit Commission Act 1998 (c. 18)

64    (1)  

Section 4 of the Audit Commission Act 1998 (code of audit practice) is

15

amended as follows.

      (2)  

In subsection (7)—

(a)   

in paragraph (a) omit “the Commission for Healthcare Audit and

Inspection and”,

(b)   

in paragraph (b) omit “the Commission for Social Care Inspection

20

and”, and

(c)   

in paragraph (c) before “and such bodies” insert “, the Care Quality

Commission”.

      (3)  

In subsection (8), for “the Commission for Healthcare Audit and Inspection”

substitute “the Care Quality Commission”.

25

65    (1)  

Section 7 of the Audit Commission Act 1998 (fees) is amended as follows.

      (2)  

In subsection (2)—

(a)   

in paragraph (a) for “the Commission for Healthcare Audit and

Inspection and such other” substitute “such”, and

(b)   

in paragraph (c) before “such bodies” insert “the Care Quality

30

Commission and”.

      (3)  

In subsection (9) for paragraph (aa) substitute—

“(aa)   

the Care Quality Commission,”.

66    (1)  

In section 33 of the Audit Commission Act 1998 (studies for improving

economy etc in services), subsection (6) is amended as follows.

35

      (2)  

In paragraph (c), for “the Commission for Healthcare Audit and Inspection”

substitute “the Care Quality Commission”.

      (3)  

For paragraph (d) substitute—

“(d)   

in the case of a study which has a connection with adult social

services (within the meaning of Part 1 of the Health and

40

Social Care Act 2008), also consult the Care Quality

Commission; and”.

 
 

 
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