Health and Social Care Bill

House of Lords

Session 2007 - 08
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Health and Social Care Bill

Health and Social Care Bill
Schedule 4 — Interaction with other authorities
Part 2 — Exercise of functions
124

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
125

(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”.

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000
126

      (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
Act 2006); or
(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
Act 2006); or
(b)
a children’s home,
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
to—
20
(i)
a children’s home,
(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—
“(9)
Below in this Act—
(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
domiciliary care agency,
(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,

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000
127

(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
agency;
(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.
      (2)
In subsection (1)—
(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
as “the CIECSS”);”, and
(b)
in paragraph (b) for “in relation to Wales” substitute “in any other
case”.
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,
the branches in England,
(d)
voluntary adoption agencies whose principal office is in
England, and
(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
amended as follows.
      (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
Commission”.
      (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

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000
128

10
In section 11 of the 2000 Act (requirement to register)—
(a)
omit subsection (2),
(b)
in subsection (3), for “subsections (1) and (2)” substitute “subsection
(1)”, and
(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
prescribed amount”.
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
requirements.
(3)
The suspension of a person’s registration does not affect the
continuation of the registration (but see sections 24A and 26 as to
offences).
25
(4)
A period of suspension may be extended under subsection (1) on one
or more occasions.
(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
read accordingly.
30
(6)
In this section “relevant requirements” has the same meaning as in
section 14.”
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.”,
(b)
in subsection (3)—
(i)
after “(a)” insert “or (c)”, and
(ii)
for the words from “a fee of—” to the end substitute “a fee of
the prescribed amount”,
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
period as varied).”, and
45

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000
129

(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
under section 20B”,
10
(b)
after paragraph (a) of that subsection insert—
“(aa)
to suspend the registration or extend a period of
suspension;”, and
(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)
of suspension; and”.
20
18    (1)
Section 20 of the 2000 Act (urgent procedure for cancellation etc) is amended
as follows.
      (2)
In subsection (1)—
(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
CIECSS”, and
(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
is situated; and
(b)
any other statutory authority whom the CIECSS thinks it
35
appropriate to notify.”
      (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—

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 1 — Amendments of Care Standards Act 2000
130

(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
made without notice.
(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
is situated,
(b)
the Local Health Board in whose area the establishment or
agency is situated, and
(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
section 20.
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
(3)
Those decisions are—
(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.