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Health and Social Care Bill


Health and Social Care Bill
Part 6 — General

110

 

(e)   

subsection (8) of that section,

(f)   

section 141 (abolition of maintenance liability of relatives), Schedule 13

and Part 5 of Schedule 15, so far as they relate to local authorities in

Wales (and section 160 so far as relating to Part 5 of Schedule 15 in its

application to local authorities in Wales), and

5

(g)   

section 142 (ordinary residence for certain purposes of National

Assistance Act 1948 (c. 29) etc.), so far as relating to Wales,

   

the appropriate authority is the Welsh Ministers.

(5)   

In relation to Part 4 (health in pregnancy grant), the appropriate authority is

the Treasury.

10

166     

Consultation in relation to commencement

(1)   

Before making a commencement order relating to—

(a)   

section 106 and Schedule 8 (extension of powers under section 60 of the

Health Act 1999 (c. 8)) so far as relating to—

(i)   

subsection (2A) of section 60 of the Health Act 1999,

15

(ii)   

the repeal of paragraph 7(3) of Schedule 3 to that Act,

(iii)   

the amendments of paragraphs 8 and 9 of Schedule 3 to that Act,

so far as relating to a profession that is not a reserved profession

for Scotland, or

(iv)   

the meaning of “enactment” for the purposes of Schedule 3 to

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that Act,

(b)   

section 107 (standard of proof in fitness to practise proceedings) so far

as relating to a profession that is not a reserved profession for Scotland,

or

(c)   

section 111 (powers of Secretary of State and devolved

25

administrations), so far as relating to the functions of the Scottish

Ministers,

   

the Secretary of State must consult the Scottish Ministers.

(2)   

For the purposes of subsection (1)(a)(iii) and (b), a profession is a reserved

profession for Scotland if it falls within Section G2 (health professions) of Part

30

2 of Schedule 5 to the Scotland Act 1998 (c. 46).

(3)   

Before making a commencement order relating to—

(a)   

paragraph 13, 14(a), (b)(i) or (c), 16, 17, 18, 19, 20, 22, 23, 24(b) or (c), 25,

26, 32 or 33 of Schedule 5,

(b)   

section 91 so far as relating to those paragraphs, or

35

(c)   

Part 1 of Schedule 15 so far as relating to those paragraphs (or section

160 so far as relating to that Part of that Schedule),

   

the Secretary of State must consult the Welsh Ministers.

(4)   

Before making a commencement order relating to section 142 (ordinary

residence for certain purposes of National Assistance Act 1948 etc.) in relation

40

to England, the Secretary of State must consult the Welsh Ministers; and, before

making a commencement order relating to that section in relation to Wales, the

Welsh Ministers must consult the Secretary of State.

(5)   

Before making a commencement order relating to—

(a)   

section 153 (functions of Health Protection Agency in relation to

45

biological substances), or

 
 

Health and Social Care Bill
Part 6 — General

111

 

(b)   

Part 7 of Schedule 15 (or section 160 so far as relating to that Part of that

Schedule),

   

the Secretary of State must consult the Department of Health, Social Services

and Public Safety in Northern Ireland.

(6)   

In this section “commencement order” means an order under section 164(2).

5

167     

Short title

This Act may be cited as the Health and Social Care Act 2008.

 
 

112

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,

15

(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.

20

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

25

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—

 

 

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

113

 

(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

20

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

25

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).

 
 

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

114

 

      (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—

15

(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—

20

(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

25

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

 
 

Health and Social Care Bill
Schedule 2 — Transfers of property and staff etc.

115

 

      (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—

 
 

Health and Social Care Bill
Schedule 2 — Transfers of property and staff etc.

116

 

(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

40

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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