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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

 

(4)   

The notice must—

(a)   

state that it is given under this section,

(b)   

state the Welsh Ministers’ reasons for believing that the

circumstances fall within subsection (1)(b),

(c)   

specify the condition as varied, removed or imposed or the

5

period (or extended period) of suspension, and

(d)   

explain the right of appeal conferred by section 21.”

20    (1)  

Section 21 of the 2000 Act (appeals to the Tribunal) is amended as follows.

      (2)  

In subsection (1)(b), after “20” insert “or 20A”.

      (3)  

In subsection (3), after “authority” insert “, other than a decision to which a

10

notice under section 20B relates,”.

      (4)  

After subsection (4) insert—

“(4ZA)   

On an appeal against a decision to which a notice under section 20B

relates, the Tribunal may confirm the decision or direct that it shall

cease to have effect.”

15

      (5)  

In subsection (5)—

(a)   

omit the word “or” at the end of paragraph (b), and

(b)   

after paragraph (c) insert “; or

(d)   

to vary the period of any suspension.”

      (6)  

After subsection (5) insert—

20

“(6)   

Subsection (1) does not apply to a decision of the Welsh Ministers

under section 30ZA (penalty notices).”

21         

In section 22  of the 2000 Act (regulation of establishments and agencies), in

subsection (7)(i), for the words from “a fee of—” to the end substitute “a fee

of the prescribed amount;”.

25

22         

After section 24 of the 2000 Act insert—

“24A    

Offences relating to suspension

(1)   

If a person who is registered under this Part in respect of an

establishment or agency carries on or (as the case may be) manages

the establishment or agency while the person’s registration is

30

suspended, the person is guilty of an offence.

(2)   

A person guilty of an offence under subsection (1) is liable on

summary conviction to a fine not exceeding level 5 on the standard

scale.”

23         

In section 26 of the 2000 Act (false descriptions of establishments and

35

agencies), after subsection (1) insert—

“(1A)   

If a person’s registration under this Part has been suspended, the

registration is to be treated for the purposes of subsection (1) as if it

had not been effected.”

24         

In section 29 of the 2000 Act (proceedings for offences)—

40

 
 

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

132

 

(a)   

for subsection (1) substitute—

“(1)   

Proceedings in respect of an offence under this Part or

regulations made under it shall not, without the written

consent of the Attorney General, be taken by any person

other than the CIECSS or the Welsh Ministers.”,

5

(b)   

in subsection (2), for “a period of six months” substitute “the

permitted period”, and

(c)   

after subsection (2) insert—

“(3)   

“The permitted period” means—

(a)   

in the case of proceedings brought by the Welsh

10

Ministers, a period of 12 months;

(b)   

in any other case, a period of 6 months.”

25         

After section 30 of the 2000 Act insert—

“Penalty notices

30ZA    

Penalty notices

15

(1)   

Where the Welsh Ministers are satisfied that a person has committed

a fixed penalty offence, they may give the person a penalty notice in

respect of the offence.

(2)   

A fixed penalty offence is any relevant offence which—

(a)   

relates to an establishment or agency for which the Welsh

20

Ministers are the registration authority, and

(b)   

is prescribed for the purposes of this section.

(3)   

A relevant offence is—

(a)   

an offence under this Part or under regulations made under

this Part, or

25

(b)   

an offence under regulations made under section 9 of the

Adoption and Children Act 2002.

(4)   

A penalty notice is a notice offering the person the opportunity of

discharging any liability to conviction for the offence to which the

notice relates by payment of a penalty in accordance with the notice.

30

(5)   

Where a person is given a penalty notice, proceedings for the offence

to which the notice relates may not be instituted before the end of

such period as may be prescribed.

(6)   

Where a person is given a penalty notice, the person cannot be

convicted of the offence to which the notice relates if the person pays

35

the penalty in accordance with the notice.

(7)   

Penalties under this section are payable to the Welsh Ministers.

(8)   

In this section “prescribed” means prescribed by regulations made

by the Welsh Ministers.

30ZB    

Penalty notices: supplementary provision

40

(1)   

The Welsh Ministers may by regulations make—

(a)   

provision as to the form and content of penalty notices,

 
 

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

133

 

(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 29 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

134

 

      (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

135

 

(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 2 — Amendments of Health and Social Care (Community Health and Standards) Act 2003

136

 

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         

For section 143 of the 2003 Act substitute—

“143    

Use by Welsh Ministers of information

(1)   

The Welsh Ministers may use any information they obtain, or

documents produced to them, in the course of exercising any

25

function of the Welsh Ministers referred to in any paragraph of

subsection (2) for the purposes of any function of the Welsh

Ministers referred to in any other paragraph of that subsection.

(2)   

The functions of the Welsh Ministers referred to in subsection (1)

are—

30

(a)   

their functions under Chapter 4 of this Part;

(b)   

their functions under Chapter 6 of this Part;

(c)   

their functions exercisable by virtue of section 5(b) or 8(1) to

(3) of the Care Standards Act 2000;

(d)   

their functions under section 80 of the Children Act 1989;

35

(e)   

their functions under the Mental Health Act 1983 in their

capacity as the regulatory authority (within the meaning of

that Act);

(f)   

any functions exercisable by them by virtue of paragraph

163(1) of Schedule A1 to the Mental Capacity Act 2005.

40

(3)   

References to functions in subsection (2) do not include functions of

making regulations.”

49         

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

 
 

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

137

 

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”,

(b)   

“the CSCI”,

5

(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).

Part 3

10

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.

      (2)  

In paragraph 2(2)—

15

(a)   

omit paragraph (f), and

(b)   

for paragraph (g) substitute—

“(g)   

the Care Quality Commission,”.

      (3)  

In paragraph 3(2)—

(a)   

omit paragraph (c), and

20

(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),

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

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—

“the Care Quality Commission.”

30

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

(b)   

after paragraph (bh) insert—

35

“(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)—

 
 

 
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