Health and Social Care Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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

(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—
“Care Quality Commission.”
5
House of Commons Disqualification Act 1975 (c. 24)
57    (1)
Schedule 1 to the House of Commons Disqualification Act 1975 (offices
disqualified for membership) is amended as follows.
      (2)
In Part 2 (bodies of which all members are disqualified)—
(a)
omit the entry for the Commission for Healthcare Audit and
10
Inspection and the entry for the Commission for Social Care
Inspection, and
(b)
at the appropriate place insert—
“The Care Quality Commission.”
      (3)
In Part 3 (other disqualifying offices), omit the entry for members of the
15
Mental Health Act Commission in receipt of remuneration.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
58
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification
Act 1975 (bodies of which all members are disqualified)—
(a)
omit the entry for the Commission for Healthcare Audit and
20
Inspection and the entry for the Commission for Social Care
Inspection, and
(b)
at the appropriate place insert—
“The Care Quality Commission.”
Race Relations Act 1976 (c. 74)
25
59    (1)
Schedule 1A to the Race Relations Act 1976 (bodies and other persons
subject to general statutory duty) is amended as follows.
      (2)
In Part 2 (bodies and other persons added after commencement of duty)—
(a)
omit the entry for the Commission for Healthcare Audit and
Inspection and the entry for the Commission for Social Care
30
Inspection, and
(b)
at the appropriate place under the heading “Health” insert—
“The Care Quality Commission.”
      (3)
In Part 4 (bodies and other persons added on 31 December 2004), omit the
entry for the Commission for Healthcare Audit and Inspection and the entry
35
for the Commission for Social Care Inspection.
Copyright, Designs and Patents Act 1988 (c. 48)
60
In section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown”
includes certain bodies with health-related functions), for “the Commission
for Healthcare Audit and Inspection, the Commission for Social Care
40
Inspection” substitute “the Care Quality Commission”.

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
139

Road Traffic Act 1988 (c. 52)
61
In section 144 of the Road Traffic Act 1988 (exceptions from requirement of
third-party insurance or security), in subsection (2)—
(a)
in paragraph (da) for the words from “, by a Local Health Board” to
“Inspection” substitute “or by a Local Health Board established
5
under section 11 of the National Health Service (Wales) Act 2006”,
and
(b)
in paragraph (g) for “the Commission for Social Care Inspection”
substitute “the Care Quality Commission”.
Vehicle Excise and Registration Act 1994 (c. 22)
10
62
In paragraph 7 of Schedule 2 to the Vehicle Excise and Registration Act 1994
(exempt health service vehicles)—
(a)
omit paragraph (c) (together with the word “or” at the end of it), and
(b)
for paragraph (f) substitute—
“(f)
the Care Quality Commission.”
15
Police Act 1996 (c. 16)
63    (1)
Schedule 4A to the Police Act 1996 (further provision about Her Majesty’s
Inspectors of Constabulary) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
20
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 3(2), for paragraph (d) substitute—
“(d)
the Care Quality Commission;”.
      (4)
In paragraph 4—
25
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
Audit Commission Act 1998 (c. 18)
64    (1)
Section 4 of the Audit Commission Act 1998 (code of audit practice) is
30
amended as follows.
      (2)
In subsection (7)—
(a)
in paragraph (a) omit “the Commission for Healthcare Audit and
Inspection and”,
(b)
in paragraph (b) omit “the Commission for Social Care Inspection
35
and”, and
(c)
in paragraph (c) before “and such bodies” insert “, the Care Quality
Commission”.
      (3)
In subsection (8), for “the Commission for Healthcare Audit and Inspection”
substitute “the Care Quality Commission”.
40
65    (1)
Section 7 of the Audit Commission Act 1998 (fees) is amended as follows.

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
140

      (2)
In subsection (2)—
(a)
in paragraph (a) for “the Commission for Healthcare Audit and
Inspection and such other” substitute “such”, and
(b)
in paragraph (c) before “such bodies” insert “the Care Quality
Commission and”.
5
      (3)
In subsection (9) for paragraph (aa) substitute—
“(aa)
the Care Quality Commission,”.
66    (1)
In section 33 of the Audit Commission Act 1998 (studies for improving
economy etc in services), subsection (6) is amended as follows.
      (2)
In paragraph (c), for “the Commission for Healthcare Audit and Inspection”
10
substitute “the Care Quality Commission”.
      (3)
For paragraph (d) substitute—
“(d)
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), also consult the Care Quality
15
Commission; and”.
      (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.
20
      (2)
For paragraph (ba) substitute—
“(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
25
and Social Care (Community Health and Standards) Act 2003”.
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
30
and Social Care (Community Health and Standards) Act 2003”.
      (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
35
Commission under Part 1 of the Health and Social Care Act
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”,
40
(b)
omit paragraph (g) (together with the word “or” at the end of it), and
(c)
for paragraph (h) substitute—
“(h)
the Care Quality Commission.”

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
141

Local Government Act 1999 (c. 27)
70
In section 25 of the Local Government Act 1999 (co-ordination of inspections
etc.), in subsection (2)(e), for “Commission for Social Care Inspection”
substitute “Care Quality Commission”.
Crown Prosecution Service Inspectorate Act 2000 (c. 10)
5
71    (1)
The Schedule to the Crown Prosecution Service Inspectorate Act 2000
(further provision about Her Majesty’s Chief Inspector of the Crown
Prosecution Service) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
10
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
15
“(g)
the Care Quality Commission,”.
Regulation of Investigatory Powers Act 2000 (c. 23)
72
In Schedule 1 to the Regulation of Investigatory Powers Act 2000
(surveillance authorisation: relevant authorities), for paragraph 20F
substitute—
20
“20F The Care Quality Commission.”
Freedom of Information Act 2000 (c. 36)
73
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in
Part 6 (other public bodies and offices: general)—
(a)
omit the entry for the Commission for Healthcare Audit and
25
Inspection and the entry for the Commission for Social Care
Inspection, and
(b)
at the appropriate place insert—
“The Care Quality Commission.”
Criminal Justice and Court Services Act 2000 (c. 43)
30
74    (1)
Schedule 1A to the Criminal Justice and Court Services Act 2000 (further
provision about the Inspectorate) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
35
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 3(2)—
(a)
omit paragraph (c), and
(b)
for paragraph (d) substitute—
“(d)
the Care Quality Commission;”.
40

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
142

      (4)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
Courts Act 2003 (c. 39)
5
75    (1)
Schedule 3A to the Courts Act 2003 (further provision about the Inspectors
of Court Administration) is amended as follows.
      (2)
In paragraph 2(2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
10
“(g)
the Care Quality Commission,”.
      (3)
In paragraph 4—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission,”.
15
Public Audit (Wales) Act 2004 (c. 23)
76
In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for
paragraph (c) substitute—
“(c)
the Care Quality Commission,”.
77
In section 64 of the Public Audit (Wales) Act 2004 (provision of information
20
by CHAI)—
(a)
in subsection (1), for “The Commission for Healthcare Audit and
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
25
(disclosure of confidential personal information: offence).”, and
(c)
for subsection (3) substitute—
“(3)
In this section—
“English NHS body” has the meaning given by
subsection (1) of section 92 of that Act; and
30
“cross-border SHA” means a cross-border Special
Health Authority as defined by that subsection.”
Children Act 2004 (c. 31)
78
In section 20 of the Children Act 2004 (joint area reviews), in subsection (4),
for paragraph (d) substitute—
35
“(d)
the Care Quality Commission;”.
Health Act 2006 (c. 28)
79
In section 61 of the Health Act 2006 (Commission to exercise Welsh
Ministers’ appointment functions), omit “the Commission for Healthcare
Audit and Inspection or”.
40

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
143

80
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
Inspection, and
5
(b)
at the appropriate place insert—
“The Care Quality Commission.”
Education and Inspections Act 2006 (c. 40)
81    (1)
Paragraph 1 of Schedule 13 to the Education and Inspections Act 2006
(interaction with other authorities) is amended as follows.
10
      (2)
In sub-paragraph (2)—
(a)
omit paragraph (f), and
(b)
for paragraph (g) substitute—
“(g)
the Care Quality Commission, and”.
      (3)
In sub-paragraph (3)(f), for “(2)(f) to (h)” substitute “(2)(g) and (h)”.
15
National Health Service Act 2006 (c. 41)
82
In section 9 of the National Health Service Act 2006 (NHS contracts), in
subsection (4), for paragraph (k) substitute—
“(k)
the Care Quality Commission,”.
83
In section 35 of the National Health Service Act 2006 (authorisation of NHS
20
foundation trusts), in subsection (3)(a), for “the Commission for Healthcare
Audit and Inspection” substitute “the Care Quality Commission”.
84
In section 56 of the National Health Service Act 2006 (mergers), in subsection
(6)(a), for “the Commission for Healthcare Audit and Inspection” substitute
“the Care Quality Commission”.
25
85
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”.
86
In Schedule 10 to the National Health Service Act 2006 (audit of accounts of
30
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)
87
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts),
in subsection (4), for paragraph (k) substitute—
35
“(k)
the Care Quality Commission,”.
88
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)—
(a)
at the end of paragraph (c) insert “and”, and
40
(b)
omit paragraph (d) (together with the word “and” at the end of it).

Health and Social Care Bill
Schedule 5 — Further amendments relating to Part 1
Part 3 — Amendments of other Acts
144

NHS Redress Act 2006 (c. 44)
89
In section 5 of the NHS Redress Act 2006 (duty to consider potential
application of scheme), in subsection (2), for paragraph (b) substitute—
“(b)
the Care Quality Commission.”
90
In section 13 of the NHS Redress Act 2006 (duties of co-operation), in
5
subsection (1), for “the Commission for Healthcare Audit and Inspection”
substitute “the Care Quality Commission”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
91
In section 45 of the Safeguarding Vulnerable Groups Act 2006 (supervisory
authorities: duty to refer), in subsection (7)—
10
(a)
for paragraph (c) substitute—
“(c)
the Care Quality Commission in respect of its
functions under Part 1 of the Health and Social Care
Act 2008;”,
(b)
omit paragraph (d), and
15
(c)
in paragraph (e), for “that Act” substitute “the Health and Social Care
(Community Health and Standards) Act 2003”.
92    (1)
Paragraph 1 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
(regulated activity relating to children) is amended as follows.
      (2)
In sub-paragraph (10)—
20
(a)
for paragraph (e) substitute—
“(e)
the Care Quality Commission;”, and
(b)
omit paragraph (f).
      (3)
In sub-paragraph (11), omit paragraph (a).
      (4)
After sub-paragraph (13) insert—
25
  “(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
2008, and
(b)
involves the provision of any form of treatment or therapy
30
for children,

is a regulated activity relating to children.”
      (5)
In sub-paragraph (14), for “or (11)” substitute “, (11) or (13A)”.
93    (1)
Paragraph 7 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
(regulated activity relating to vulnerable adults) is amended as follows.
35
      (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
40
2008, and
(b)
involves the provision of social services, care, treatment or
therapy for vulnerable adults,