|
| |
|
Inspections by other inspectors of activities within Commission’s remit |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(c) | provision prescribing circumstances in which notices are, or are not, |
| |
| 40 |
(d) | provision for revising or withdrawing notices; |
| |
(e) | provision for setting aside notices not validly given. |
| |
| |
7 | The Commission must co-operate with— |
| |
|
| |
|
| |
|
(a) | the inspection authorities, and |
| |
(b) | any other public authority specified by order made by the Secretary |
| |
| |
| where it is appropriate to do so for the efficient and effective exercise of the |
| |
| 5 |
| |
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 |
| |
| |
(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 |
| |
| |
| 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. |
| |
| 30 |
| |
Further amendments relating to Part 1 |
| |
| |
Amendments of Care Standards Act 2000 |
| |
1 | In this Part of this Schedule “the 2000 Act” means the Care Standards Act |
| |
| 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”. |
| |
|
| |
|
| |
|
(3) | After that subsection insert— |
| |
“(4A) | An establishment in England is not a children’s home if it is— |
| |
(a) | a hospital (within the meaning of the National Health Service |
| |
| |
(b) | a residential family centre, |
| 5 |
| or if it is of a description excepted by regulations.” |
| |
3 | In section 2 of the 2000 Act (independent hospitals etc), in subsection (1), |
| |
after “this Act” insert “as it applies in relation to Wales”. |
| |
4 (1) | Section 3 of the 2000 Act (care homes) is amended as follows. |
| |
(2) | In subsection (3), after “establishment” insert “in Wales”. |
| 10 |
(3) | After that subsection insert— |
| |
“(4) | And an establishment in England is not a care home if it is— |
| |
(a) | a hospital (within the meaning of the National Health Service |
| |
| |
| 15 |
| or if it is of a description excepted by regulations.” |
| |
5 (1) | Section 4 of the 2000 Act (other basic definitions) is amended as follows. |
| |
(2) | In subsection (8), for paragraph (a) substitute— |
| |
“(a) | any reference to a description of establishment is a reference |
| |
| 20 |
| |
(ii) | a children’s home providing accommodation for the |
| |
purpose of restricting liberty, |
| |
(iii) | an independent hospital in Wales, |
| |
(iv) | an independent hospital in Wales in which treatment |
| 25 |
or nursing (or both) are provided for persons liable to |
| |
be detained under the Mental Health Act 1983, |
| |
(v) | an independent clinic in Wales, |
| |
(vi) | a care home in Wales, or |
| |
(vii) | a residential family centre;”. |
| 30 |
(3) | For subsection (9) substitute— |
| |
| |
(a) | any reference to a description of agency is a reference to— |
| |
(i) | an independent medical agency in Wales or, where |
| |
the activities of an independent medical agency are |
| 35 |
carried on from two or more branches, a branch in |
| |
Wales of an independent medical agency, |
| |
(ii) | a domiciliary care agency in Wales or, where the |
| |
activities of a domiciliary care agency are carried on |
| |
from two or more branches, a branch in Wales of a |
| 40 |
| |
(iii) | a nurses agency in Wales or, where the activities of a |
| |
nurses agency are carried on from two or more |
| |
branches, a branch in Wales of a nurses agency, |
| |
|
| |
|
| |
|
(iv) | a fostering agency or, where the activities of a |
| |
fostering agency are carried on from two or more |
| |
branches, a branch of a fostering agency, |
| |
(v) | a voluntary adoption agency, or |
| |
(vi) | an adoption support agency or, where the activities of |
| 5 |
an adoption support agency are carried on from two |
| |
or more branches, a branch of an adoption support |
| |
| |
(b) | a reference to any agency is a reference to an agency or |
| |
branch of any of those descriptions.” |
| 10 |
6 (1) | Section 5 of the 2000 Act (registration authorities) is amended as follows. |
| |
| |
(a) | for paragraph (a) substitute— |
| |
“(a) | the registration authority in the case of |
| |
establishments and agencies mentioned in subsection |
| 15 |
(1A) is Her Majesty’s Chief Inspector of Education, |
| |
Children’s Services and Skills (referred to in this Act |
| |
| |
(b) | in paragraph (b) for “in relation to Wales” substitute “in any other |
| |
| 20 |
(3) | After subsection (1) insert— |
| |
“(1A) | The establishments and agencies are— |
| |
(a) | children’s homes in England, |
| |
(b) | residential family centres in England, |
| |
(c) | fostering agencies in England or, where the activities of a |
| 25 |
fostering agency are carried on from two or more branches, |
| |
| |
(d) | voluntary adoption agencies whose principal office is in |
| |
| |
(e) | adoption support agencies in England or, where the activities |
| 30 |
of an adoption support agency are carried on from two or |
| |
more branches, the branches in England.” |
| |
7 | Omit section 5A (general duties of Commission for Healthcare Audit and |
| |
Inspection) and section 5B (general duties of Commission for Social Care |
| |
Inspection) of the 2000 Act. |
| 35 |
8 (1) | Section 8 of the 2000 Act (general functions of the Welsh Ministers) is |
| |
| |
(2) | For subsection (3A) substitute— |
| |
“(3A) | But the functions which may be so specified do not include functions |
| |
of making, confirming or approving subordinate legislation (as |
| 40 |
defined by section 158(1) of the Government of Wales Act 2006).” |
| |
(3) | In subsection (6)(b)(i), for “the CSCI” substitute “the Care Quality |
| |
| |
(4) | In subsection (7), omit the words from “, other than” to the end. |
| |
9 | In section 10 of the 2000 Act (inquiries), omit subsection (6). |
| 45 |
|
| |
|
| |
|
10 | In section 11 of the 2000 Act (requirement to register)— |
| |
| |
(b) | in subsection (3), for “subsections (1) and (2)” substitute “subsection |
| |
| |
(c) | in subsection (4), omit “the CHAI, the CSCI or”. |
| 5 |
11 | In section 12 of the 2000 Act (applications for registration), in subsection (2), |
| |
for the words from “the amount determined” to the end substitute “the |
| |
| |
12 | In section 14 of the 2000 Act (cancellation of registration), in subsection (2), |
| |
after paragraph (e) insert— |
| 10 |
“(f) | an offence under Part 1 of the Health and Social Care Act 2008 |
| |
or regulations made under that Part.” |
| |
13 | After section 14 of the 2000 Act insert— |
| |
“14A | Suspension of registration |
| |
(1) | The Welsh Ministers may at any time suspend for a specified period |
| 15 |
the registration of a person in respect of an establishment or agency |
| |
for which the Welsh Ministers are the registration authority. |
| |
(2) | Except where the Welsh Ministers give notice under section 20B, the |
| |
power conferred by subsection (1) is exercisable only on the ground |
| |
that the establishment or agency is being, or has at any time been, |
| 20 |
carried on otherwise than in accordance with the relevant |
| |
| |
(3) | The suspension of a person’s registration does not affect the |
| |
continuation of the registration (but see sections 24A and 26 as to |
| |
| 25 |
(4) | A period of suspension may be extended under subsection (1) on one |
| |
| |
(5) | Reference in this Part to the suspension of a person’s registration is |
| |
to suspension under this section, and related expressions are to be |
| |
| 30 |
(6) | In this section “relevant requirements” has the same meaning as in |
| |
| |
14 | In section 15 of the 2000 Act (applications by registered persons)— |
| |
(a) | in subsection (1), at the end of paragraph (b) insert “; or |
| |
(c) | for the cancellation of, or the variation of the period |
| 35 |
of, any suspension of the registration.”, |
| |
| |
(i) | after “(a)” insert “or (c)”, and |
| |
(ii) | for the words from “a fee of—” to the end substitute “a fee of |
| |
| 40 |
(c) | after subsection (4) insert— |
| |
“(4A) | If the Welsh Ministers decide to grant an application under |
| |
subsection (1)(c), they must serve notice in writing of their |
| |
decision on the applicant (stating, where applicable, the |
| |
| 45 |
|
| |
|
| |
|
(d) | for subsection (5) substitute— |
| |
“(5) | If different amounts are prescribed under subsection (3), the |
| |
regulations may provide for the appropriate Minister to |
| |
determine which amount is payable in a particular case.” |
| |
15 | In section 16 of the 2000 Act (regulations about registration), in subsection |
| 5 |
(3), for the words from “an annual fee—” to the end substitute “an annual fee |
| |
of the prescribed amount”. |
| |
16 | In section 17 of the 2000 Act (notice of proposals)— |
| |
(a) | in subsection (4), after “section 20” insert “or 20A or gives notice |
| |
| 10 |
(b) | after paragraph (a) of that subsection insert— |
| |
“(aa) | to suspend the registration or extend a period of |
| |
| |
(c) | in subsection (5), after “(a)” insert “or (c)”. |
| |
17 | In section 19 of the 2000 Act (notice of decisions), in subsection (4)— |
| 15 |
(a) | omit the word “and” at the end of paragraph (b), and |
| |
(b) | after that paragraph insert— |
| |
“(ba) | in the case of a decision to adopt a proposal under |
| |
section 17(4)(aa), state the period (or extended period) |
| |
| 20 |
18 (1) | Section 20 of the 2000 Act (urgent procedure for cancellation etc) is amended |
| |
| |
| |
(a) | after “If” insert “in respect of an establishment or agency for which |
| |
the CIECSS is the registration authority”, |
| 25 |
(b) | in paragraph (a), for “the registration authority” substitute “the |
| |
| |
(c) | in sub-paragraph (i) of that paragraph, for “an” substitute “the”. |
| |
(3) | In subsection (3), for “the registration authority” substitute “the CIECSS”. |
| |
(4) | In subsection (5), for “the registration authority” substitute “the CIECSS”. |
| 30 |
(5) | For subsection (6) substitute— |
| |
“(6) | For the purposes of this section the appropriate authorities are— |
| |
(a) | the local authority in whose area the establishment or agency |
| |
| |
(b) | any other statutory authority whom the CIECSS thinks it |
| 35 |
| |
(6) | Accordingly, for the heading of section 20 substitute “Urgent procedure for |
| |
cancellation, variation etc: England”. |
| |
19 | After section 20 of the 2000 Act insert— |
| |
“20A | Urgent procedure for cancellation: Wales |
| 40 |
(1) | If in respect of an establishment or agency for which the Welsh |
| |
Ministers are the registration authority— |
| |
|
| |
|
| |
|
(a) | the Welsh Ministers apply to a justice of the peace for an |
| |
order cancelling the registration of a person in respect of the |
| |
establishment or agency, and |
| |
(b) | it appears to the justice that, unless the order is made, there |
| |
will be a serious risk to a person’s life, health or well-being, |
| 5 |
| the justice may make the order, and the cancellation has effect from |
| |
the time when the order is made. |
| |
(2) | An application under subsection (1) may, if the justice thinks fit, be |
| |
| |
(3) | As soon as practicable after the making of an application under this |
| 10 |
section, the Welsh Ministers must notify the appropriate authorities |
| |
of the making of the application. |
| |
(4) | An order under subsection (1) is to be in writing. |
| |
(5) | Where such an order is made, the Welsh Ministers must, as soon as |
| |
practicable after the making of the order, serve on the person |
| 15 |
registered in respect of the establishment or agency— |
| |
(a) | a copy of the order, and |
| |
(b) | notice of the right of appeal conferred by section 21. |
| |
(6) | For the purposes of this section the appropriate authorities are— |
| |
(a) | the local authority in whose area the establishment or agency |
| 20 |
| |
(b) | the Local Health Board in whose area the establishment or |
| |
| |
(c) | any statutory authority not falling within paragraph (a) or (b) |
| |
whom the Welsh Ministers think it appropriate to notify. |
| 25 |
(7) | In this section “statutory authority” has the same meaning as in |
| |
| |
20B | Urgent procedure for suspension or variation etc: Wales |
| |
(1) | Subsection (2) applies where— |
| |
(a) | a person is registered under this Part in respect of an |
| 30 |
establishment or agency for which the Welsh Ministers are |
| |
the registration authority, and |
| |
(b) | the Welsh Ministers have reasonable cause to believe that |
| |
unless they act under this section any person will or may be |
| |
exposed to the risk of harm. |
| 35 |
(2) | Where this subsection applies, the Welsh Ministers may, by giving |
| |
notice in writing under this section to the person registered in respect |
| |
of the establishment or agency, provide for any decision of the Welsh |
| |
Ministers that is mentioned in subsection (3) to take effect from the |
| |
time when the notice is given. |
| 40 |
| |
(a) | a decision under section 13(5) to vary or remove a condition |
| |
for the time being in force in relation to the registration or to |
| |
impose an additional condition; |
| |
(b) | a decision under section 14A to suspend the registration or |
| 45 |
extend the period of suspension. |
| |
|
| |
|