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Health and Social Care Bill


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

138

 

      (4)  

In paragraph (e) for “that Part of that Act” substitute “Part 2 of the Health

and Social Care (Community Health and Standards) Act 2003”.

67    (1)  

In section 34 of the Audit Commission Act 1998 (reports on impact of

statutory provisions), subsection (6) is amended as follows.

      (2)  

For paragraph (ba) substitute—

5

“(ba)   

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

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

Social Care Act 2008), the Care Quality Commission;”.

      (3)  

In paragraph (bb) for “that Part of that Act” substitute “Part 2 of the Health

and Social Care (Community Health and Standards) Act 2003”.

10

68    (1)  

In section 49 of the Audit Commission Act 1998 (disclosure), subsection (1)

is amended as follows.

      (2)  

Omit paragraph (ba).

      (3)  

In paragraph (bb), for “that Part of that Act” substitute “Part 2 of the Health

and Social Care (Community Health and Standards) Act 2003”.

15

      (4)  

In paragraph (c) omit the words from “or for the purposes of the functions

of the Commission” to the end.

      (5)  

After paragraph (ca) insert—

“(cb)   

for the purposes of the functions of the Care Quality

Commission under Part 1 of the Health and Social Care Act

20

2008;”.

69         

In Schedule 2A to the Audit Commission Act 1998 (interaction with other

authorities), in paragraph 1(1)—

(a)   

at the end of paragraph (f) insert the word “or”,

(b)   

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

25

(c)   

for paragraph (h) substitute—

“(h)   

the Care Quality Commission.”

Crown Prosecution Service Inspectorate Act 2000 (c. 10)

70    (1)  

The Schedule to the Crown Prosecution Service Inspectorate Act 2000

(further provision about Her Majesty’s Chief Inspector of the Crown

30

Prosecution Service) is amended as follows.

      (2)  

In paragraph 2(2)—

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

35

      (3)  

In paragraph 4—

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

Criminal Justice and Court Services Act 2000 (c. 43)

40

71    (1)  

Schedule 1A to the Criminal Justice and Court Services Act 2000 (further

provision about the Inspectorate) is amended as follows.

 
 

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

139

 

      (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;”.

      (4)  

In paragraph 4—

(a)   

omit paragraph (f), and

10

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

Courts Act 2003 (c. 39)

72    (1)  

Schedule 3A to the Courts Act 2003 (further provision about the Inspectors

of Court Administration) is amended as follows.

15

      (2)  

In paragraph 2(2)—

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

      (3)  

In paragraph 4—

20

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

Public Audit (Wales) Act 2004 (c. 23)

73         

In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for

25

paragraph (c) substitute—

“(c)   

the Care Quality Commission,”.

74         

In section 64 of the Public Audit (Wales) Act 2004 (provision of information

by CHAI)—

(a)   

in subsection (1), for “The Commission for Healthcare Audit and

30

Inspection” substitute “The Care Quality Commission”,

(b)   

in subsection (2), for the words from “section 136” to the end

substitute “section 72 of the Health and Social Care Act 2008

(disclosure of confidential personal information: offence).”, and

(c)   

for subsection (3) substitute—

35

“(3)   

In this section—

“English NHS body” has the meaning given by

subsection (1) of section 92 of that Act; and

“cross-border SHA” means a cross-border Special

Health Authority as defined by that subsection.”

40

Children Act 2004 (c. 31)

75         

In section 20 of the Children Act 2004 (joint area reviews), in subsection (4),

 
 

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

140

 

for paragraph (d) substitute—

“(d)   

the Care Quality Commission;”.

Health Act 2006 (c. 28)

76         

In section 61 of the Health Act 2006 (Commission to exercise Welsh

Ministers’ appointment functions), omit “the Commission for Healthcare

5

Audit and Inspection or”.

77         

In Schedule 5 to the Health Act 2006 (list of statutory bodies referred to in

section 58(3))—

(a)   

omit the entry for the Commission for Healthcare Audit and

Inspection and the entry for the Commission for Social Care

10

Inspection, and

(b)   

at the appropriate place insert—

“The Care Quality Commission.”

Education and Inspections Act 2006 (c. 40)

78    (1)  

Paragraph 1 of Schedule 13 to the Education and Inspections Act 2006

15

(interaction with other authorities) is amended as follows.

      (2)  

In sub-paragraph (2)—

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission, and”.

20

      (3)  

In sub-paragraph (3)(f), for “(2)(f) to (h)” substitute “(2)(g) and (h)”.

National Health Service Act 2006 (c. 41)

79         

In section 9 of the National Health Service Act 2006 (NHS contracts), in

subsection (4), for paragraph (k) substitute—

“(k)   

the Care Quality Commission,”.

25

80         

In section 35 of the National Health Service Act 2006 (authorisation of NHS

foundation trusts), in subsection (3)(a), for “the Commission for Healthcare

Audit and Inspection” substitute “the Care Quality Commission”.

81         

In section 56 of the National Health Service Act 2006 (mergers), in subsection

(6)(a), for “the Commission for Healthcare Audit and Inspection” substitute

30

“the Care Quality Commission”.

82         

In section 71 of the National Health Service Act 2006 (schemes for meeting

losses and liabilities etc of certain health service bodies), in subsection (2)(f),

for “the Commission for Healthcare Audit and Inspection” substitute “the

Care Quality Commission”.

35

83         

In Schedule 10 to the National Health Service Act 2006 (audit of accounts of

NHS foundation trusts), in paragraph 8(1)(e), for the words from “the

Commission” to the end substitute “the Care Quality Commission”.

National Health Service (Wales) Act 2006 (c. 42)

84         

In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts),

40

 
 

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

141

 

in subsection (4), for paragraph (k) substitute—

“(k)   

the Care Quality Commission,”.

85         

In section 30 of the National Health Service (Wales) Act 2006 (schemes for

meeting losses and liabilities etc of certain health service bodies), in

subsection (2)—

5

(a)   

at the end of paragraph (c) insert “and”, and

(b)   

omit paragraph (d) (together with the word “and” at the end of it).

NHS Redress Act 2006 (c. 44)

86         

In section 5 of the NHS Redress Act 2006 (duty to consider potential

application of scheme), in subsection (2), for paragraph (b) substitute—

10

“(b)   

the Care Quality Commission.”

87         

In section 13 of the NHS Redress Act 2006 (duties of co-operation), in

subsection (1), for “the Commission for Healthcare Audit and Inspection”

substitute “the Care Quality Commission”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

15

88         

In section 45 of the Safeguarding Vulnerable Groups Act 2006 (supervisory

authorities: duty to refer), in subsection (7)—

(a)   

for paragraph (c) substitute—

“(c)   

the Care Quality Commission in respect of its

functions under Part 1 of the Health and Social Care

20

Act 2008;”,

(b)   

omit paragraph (d), and

(c)   

in paragraph (e), for “that Act” substitute “the Health and Social Care

(Community Health and Standards) Act 2003”.

89    (1)  

Paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006

25

(regulated activity relating to children) is amended as follows.

      (2)  

In sub-paragraph (10)—

(a)   

for paragraph (e) substitute—

“(e)   

the Care Quality Commission;”, and

(b)   

omit paragraph (f).

30

      (3)  

In sub-paragraph (11), omit paragraph (a).

      (4)  

After sub-paragraph (13) insert—

  “(13A)  

The exercise of a function of the Care Quality Commission so far

as the function relates to the inspection of anything which—

(a)   

is listed in section 56(1) of the Health and Social Care Act

35

2008, and

(b)   

involves the provision of any form of treatment or therapy

for children,

           

is a regulated activity relating to children.”

      (5)  

In sub-paragraph (14), for “or (11)” substitute “, (11) or (13A)”.

40

90    (1)  

Paragraph 7 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006

(regulated activity relating to vulnerable adults) is amended as follows.

 
 

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator

142

 

      (2)  

In sub-paragraph (6), omit paragraphs (a) and (b).

      (3)  

After sub-paragraph (8) insert—

   “(8A)  

The exercise of a function of the Care Quality Commission so far

as the function relates to the inspection of anything which—

(a)   

is listed in section 56(1) of the Health and Social Care Act

5

2008, and

(b)   

involves the provision of social services, care, treatment or

therapy for vulnerable adults,

           

is a regulated activity relating to vulnerable adults.”

Schedule 6

10

Section 93

 

The Office of the Health Professions Adjudicator

Interpretation

1          

In this Schedule “the relevant Northern Ireland department” means the

Department of Health, Social Services and Public Safety in Northern Ireland.

Status

15

2     (1)  

The OHPA is not to be regarded as the servant or agent of the Crown or as

enjoying any status, immunity or privilege of the Crown.

      (2)  

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

on behalf of, the Crown.

General powers

20

3     (1)  

The OHPA may do anything which appears to it to be necessary or

expedient for the purposes of, or in connection with, the exercise of its

functions.

      (2)  

This includes, in particular, the power to—

(a)   

acquire and dispose of land and other property, and

25

(b)   

enter into contracts.

Membership

4          

The OHPA is to consist of the following members—

(a)   

a chair appointed by the Privy Council,

(b)   

non-executive members appointed by the Privy Council, and

30

(c)   

executive members appointed in accordance with paragraph 8.

5          

No person may be appointed as a member unless the person satisfies such

requirements as may be prescribed in regulations made by the Privy

Council.

6          

A person may be appointed as the chair only if the person (as well as

35

satisfying any requirements prescribed under paragraph 5)—

(a)   

has a 10 year general qualification within the meaning of section 71

of the Courts and Legal Services Act 1990 (c. 41),

 
 

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator

143

 

(b)   

is an advocate or solicitor in Scotland of at least 10 years’ standing, or

(c)   

is a member of the Bar of Northern Ireland, or a solicitor of the Court

of Judicature of Northern Ireland, of at least 10 years’ standing.

7     (1)  

The Privy Council must by regulations make provision about the number of

non-executive and executive members.

5

      (2)  

The regulations must provide for there to be—

(a)   

at least one but no more than three non-executive members, and

(b)   

at least one but no more than three executive members.

      (3)  

The regulations may not provide for the number of executive members to be

greater than the number of non-executive members.

10

8     (1)  

The first executive members are to be appointed by the Privy Council.

      (2)  

Subsequent appointments of executive members are to be made by the

OHPA.

      (3)  

The executive members must be employees of the OHPA.

      (4)  

Sub-paragraph (3) is to be taken to be complied with in relation to the first

15

executive members appointed under sub-paragraph (1) if they are employed

by the OHPA as soon as practicable after being appointed.

9          

Each of the members mentioned in paragraph 4(a) to (c)—

(a)   

holds and vacates office in accordance with the terms of the

member’s appointment, and

20

(b)   

may be removed from office by the Privy Council on the grounds of

incapacity or misbehaviour.

10    (1)  

Subject to sub-paragraph (2), the terms of a member’s appointment are to be

determined by the person making the appointment.

      (2)  

The terms of appointment of an executive member appointed by the OHPA

25

are to be determined by the Privy Council in so far as the terms relate to

tenure of office or suspension from office.

Procedure

11         

The OHPA may regulate its own procedure.

12         

The validity of proceedings of the OHPA is not affected—

30

(a)   

by any vacancy in its membership,

(b)   

by any defect in the appointment of a member, or

(c)   

by any person—

(i)   

acting as a member even though ineligible for appointment

when purportedly appointed, or

35

(ii)   

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

Members’ interests

13    (1)  

The OHPA must establish and maintain a system for the declaration and

registration of private interests of its members.

      (2)  

The OHPA must publish entries recorded in the register of members’

40

interests.

 
 

Health and Social Care Bill
Schedule 6 — The Office of the Health Professions Adjudicator

144

 

Remuneration and allowances

14    (1)  

The OHPA 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 OHPA must pay or make

provision for the payment of such pension, allowances or gratuities as the

5

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 OHPA.

      (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 OHPA to

receive compensation, the OHPA must—

10

(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.

Amendment of Superannuation Act 1972 (c. 11)

15         

In Schedule 1 to the Superannuation Act 1972 (kinds of employment in

15

relation to which pension schemes may be made), at the appropriate place

in the list of “Other Bodies” insert the following entry—

“The Office of the Health Professions Adjudicator.”

16         

The OHPA must pay to the Minister for the Civil Service, at such times as

the Minister may direct, such sums as the Minister may determine in respect

20

of any increase attributable to paragraph 15 in the sums payable out of

money provided by Parliament under the Superannuation Act 1972.

Employees

17    (1)  

The OHPA may appoint such employees (in addition to the executive

members) as it considers appropriate on such terms and conditions as it may

25

determine.

      (2)  

Without prejudice to its other powers, the OHPA 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,

30

           

to or in respect of its employees.

Payments and loans to the OHPA

18    (1)  

The Secretary of State may make payments to the OHPA of such amounts,

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

considers appropriate.

35

      (2)  

The relevant Northern Ireland department may make payments to the

OHPA of such amounts, at such times and on such conditions (if any) as it

considers appropriate.

      (3)  

The Secretary of State may make loans to the OHPA on such terms

(including terms as to repayment and interest) as the Secretary of State may

40

determine.

 
 

 
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