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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,

 
 

 
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