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Health and Social Care Act 2008

Type Public General Act

Publication 2008-07-21

Last updated 2023-02-07

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) This section has effect to determine who is the appropriate authority for the purposes of section 170(3).

(2) Except as provided by subsections (3) to (5), the appropriate authority is the Secretary of State.

(3) In relation to sections 119, 120 and 122 (responsible officers), so far as they relate to Northern Ireland, the appropriate authority is the Department of Health, Social Services and Public Safety in Northern Ireland.

(4) In relation to the following provisions—

(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) Part 3 (public health protection), including Schedule 11, and Part 3 of Schedule 15 so far as they relate to Wales (and section 166 so far as it relates to that Part of Schedule 15 in its application to Wales),

(b) section 140 (pharmaceutical services), so far as relating to Part 2 of Schedule 12, together with that Part of that Schedule,

(c) section 141(2) (remuneration for persons providing pharmaceutical services: appointment of determining authorities in relation to Wales),

(d) section 144 (weighing and measuring of children: Wales),

(e) subsections (1) to (7) of section 146 (direct payments in lieu of provision of care services), so far as they relate to Wales,

(f) subsection (8) of that section,

(g) section 147 (abolition of maintenance liability of relatives), Schedule 13 and Part 5 of Schedule 15, so far as they relate to local authorities in Wales (and section 166 so far as relating to Part 5 of Schedule 15 in its application to local authorities in Wales),

(h) section 148 (ordinary residence for certain purposes of National Assistance Act 1948 (c. 29) etc.), so far as relating to Wales, and

(i) the repeals in the National Health Service (Wales) Act 2006 (c. 42) in Part 4 of Schedule 15 (and section 166 so far as relating to those repeals),

the appropriate authority is the Welsh Ministers.

(5) In relation to Part 4 (health in pregnancy grant), the appropriate authority is the Treasury.

Consultation in relation to commencement

172

(1) Before making a commencement order relating to—

(a) section 111 and Schedule 8 (extension of powers under section 60 of the Health Act 1999 (c. 8)) so far as relating to—

(i) subsection (2A) of section 60 of the Health Act 1999,

(ii) the repeal of paragraph 7(3) of Schedule 3 to that Act,

(iii) the amendments of paragraphs 8 and 9 of Schedule 3 to that Act, so far as relating to a profession that is not a reserved profession for Scotland, or

(iv) the meaning of “enactment” for the purposes of Schedule 3 to that Act,

(b) section 112 (standard of proof in fitness to practise proceedings) so far as relating to a profession that is not a reserved profession for Scotland, or

(c) section 116 (powers of Secretary of State and devolved administrations), so far as relating to the functions of the Scottish Ministers,

the Secretary of State must consult the Scottish Ministers.

(2) For the purposes of subsection (1)(a)(iii) and (b), a profession is a reserved profession for Scotland if it falls within Section G2 (health professions) of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46).

(3) Before making a commencement order relating to—

(a) paragraph 13, 14(a), (b)(i) or (c), 16, 17, 18, 19, 20, 22, 23, 24(b) or (c), 25, 26, 32 or 33 of Schedule 5,

(b) section 95 so far as relating to those paragraphs, or

(c) Part 1 of Schedule 15 so far as relating to those paragraphs (or section 166 so far as relating to that Part of that Schedule),

the Secretary of State must consult the Welsh Ministers.

(4) Before making a commencement order relating to section 148 (ordinary residence for certain purposes of National Assistance Act 1948 etc.) in relation to England, the Secretary of State must consult the Welsh Ministers; and, before making a commencement order relating to that section in relation to Wales, the Welsh Ministers must consult the Secretary of State.

(5) Before making a commencement order relating to—

(a) section 159 (functions of Health Protection Agency in relation to biological substances), or

(b) Part 7 of Schedule 15 (or section 166 so far as relating to that Part of that Schedule),

the Secretary of State must consult the Department of Health, Social Services and Public Safety in Northern Ireland.

(6) In this section “commencement order” means an order under section 170(3).

Short title

173

This Act may be cited as the Health and Social Care Act 2008.

SCHEDULE 1

Status

1

(1) The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.

General powers and duties

2

(1) The Commission may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.

(2) This includes, in particular—

(a) co-operating with other public authorities in the United Kingdom,

(b) acquiring and disposing of land and other property,

(d) providing training, and

(e) doing things outside (as well as within) the United Kingdom.

(3) It is the duty of the Commission to carry out its functions effectively, efficiently and economically.

Membership

3

(1) The Commission is to consist of—

(a) a chair appointed by the Secretary of State, ...

(b) other members so appointed.

(1A) The members appointed under sub-paragraph (1)(a) and (b)—

(a) are not employees of the Commission, and

(b) are referred to in this Schedule as the “non-executive members”.

(d) other members appointed by the members appointed under paragraphs (a) and (b).

(1B) The members appointed under sub-paragraph (1)(c) and (d)—

(a) are employees of the Commission, and

(b) are referred to in this Schedule as the “executive members”.

(1C) The number of non-executive members must exceed the number of executive members.

(2) The Secretary of State must exercise the powers insub-paragraph (1)(a) and (b) so as to secure that the knowledge and experience of the non-executive members of the Commission (taken together) includes knowledge and experience relating to health care, social care and the Mental Health Act 1983 (c. 20).

(3) The Secretary of State may, in the prescribed manner, remove the chair or any other non-executive member from office if (but only if) the Secretary of State is satisfied that the person—

(a) is unable or unfit to carry out the duties of that office,

(b) is failing to carry out those duties, or

(4) The Secretary of State may by regulations make provision as to—

(a) the appointment of the chair and other non-executive members (including the number, or limits on the number, of such members who may be appointed be appointed and any conditions to be fulfilled for appointment), ...

(b) subject to this paragraph of this Schedule, the tenure of office of the chair and other non-executive members (including the circumstances in which they are to cease to hold office, are disqualified from holding office or may be suspended from office).

(d) the minimum total number of members who must be appointed.

(5) Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions in sub-paragraph (3) is or may be satisfied in relation to that person.

Remuneration and allowances

4

(1) The Commission must pay to its chair, or to any other non-executive member , such remuneration and allowances as the Secretary of State may determine.

(2) If the Secretary of State so determines, the Commission must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chair or any other non-executive member of the Commission.

(3) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chair of the Commission to receive compensation, the Commission must—

(a) pay to that person, or

(b) make provision for the payment to that person of,

such compensation as the Secretary of State may determine.

Employees

5

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Commission may appoint such employees (in addition to the executive members appointed by the non-executive members) as it considers appropriate.

(3) Employees of the Commission are to be appointed on such terms and conditions as the Commission may determine.

(4) Without prejudice to its other powers, the Commission may pay, or make provision for the payment of—

(a) pensions, allowances and gratuities, or

(b) compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

(5) Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter.

Procedure

6

(1) The Commission must appoint an advisory committee (“the advisory committee”) for the purpose of giving advice or information to it about matters connected with its functions.

(1A) A committee of the Commission known as “the Healthwatch England committee” is to be appointed in accordance with regulations.

(1B) The purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act.

(2) In considering how to exercise its functions, the Commission must have regard to relevant advice and information given to it by the advisory committee (whether or not given at its request).

(3) The Commission may appoint such other committees and sub-committees as it thinks fit.

(4) The advisory committee and any committee or sub-committee appointed under sub-paragraph (3) may consist of or include persons who are not members of the Commission.

(5) The advisory committee must include persons of a prescribed description.

(5A) Regulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission.

(5B) Regulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure.

(5C) Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a) eligibility for appointment;

(b) procedures for selecting or proposing persons for appointment.

(5D) Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a) the removal or suspension of members of the committee;

(b) the payment of remuneration and allowances to members.

(6) The Commission may pay such remuneration and allowances as it thinks fit to persons who—

(a) are members of its committees and sub-committees, but

(b) are not members of the Commission.

(7) The Commission may in all other respects regulate its own procedure.

(8) The validity of proceedings of the Commission is not affected—

(a) by any vacancy in its membership,

(b) by any defect in the appointment of a member, or

(i) acting as a member even though ineligible for appointment when purportedly appointed, or

(ii) acting as a member after having ceased to be a member.

Exercise of functions

7

(1) The Commission may arrange for—

(a) any of its committees, sub-committees, members or employees, or

(b) any other person,

to exercise any of its functions on its behalf.

(2) If the Commission arranges for the exercise of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, any such person.

(3) The reference in sub-paragraph (1) to any of the Commission's committees does not include the advisory committee.

Assistance

8

(1) The Commission may arrange for such persons as it thinks fit to assist it in the exercise of any of its functions in relation to—

(a) a particular case, or

(b) cases of a particular description.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans to the Commission

9

(1) The Secretary of State may make payments to the Commission of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.

(2) The Secretary of State may, with the approval of the Treasury, lend money to the Commission on such terms (including terms as to repayment and interest) as the Secretary of State may determine.

(3) Except as provided by sub-paragraph (2), the Commission has no power to borrow money.

Accounts

10

(1) The Commission must keep accounts in such form as the Secretary of State may determine.

(2) The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3) The Commission must send copies of the annual accounts to—

(a) the Secretary of State, and

(b) the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts, and of the report on them, before Parliament.

(5) In this paragraph “financial year” means—

(a) the period beginning with the day on which the Commission is established and ending with the next 31 March following that day, and

(b) each successive period of 12 months ending with 31 March.

Seal and evidence

11

The application of the seal of the Commission must be authenticated by the signature—

(a) of any member of the Commission, or

(b) of any other person who has been authorised by the Commission (whether generally or specifically) for that purpose.

12

A document—

(a) purporting to be duly executed under the seal of the Commission, or

(b) purporting to be signed on behalf of the Commission,

is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

SCHEDULE 2

Transfer schemes

1

(1) The Secretary of State may make one or more transfer schemes for—

(a) the transfer of property, rights and liabilities of the Commission for Healthcare Audit and Inspection to the Care Quality Commission or the Crown;

(b) the transfer of property, rights and liabilities of the Commission for Social Care Inspection to the Care Quality Commission or the Crown;

(i) to the Care Quality Commission or the Welsh Ministers, or

(ii) to the Crown;

(d) the transfer of property, rights and liabilities of the Crown to the Care Quality Commission.

(2) The property, rights and liabilities which may be the subject of a scheme include—

(a) any that would otherwise be incapable of being transferred or assigned,

(b) rights and liabilities under a contract of employment, and

(3) A scheme under this paragraph may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).

(4) A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme.

(5) A scheme under this paragraph may include supplementary, incidental, transitional and consequential provision.

(6) The Secretary of State may not make a scheme under this paragraph for the transfer of property, rights or liabilities to the Welsh Ministers unless the scheme is made with the consent of the Welsh Ministers.

Transfer

2

The property, rights and liabilities which are the subject of a scheme under paragraph 1 are, by virtue of this paragraph, transferred on the day appointed by the scheme in accordance with the provisions of the scheme.

Employment

3

The transfer by paragraph 2 of the rights and liabilities relating to an individual's contract of employment does not break the continuity of the individual's employment and, accordingly—

(a) the individual is not to be regarded for the purposes of Part 2 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and

(b) the individual's period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.

4

(1) Paragraph 2 does not operate to transfer the rights and liabilities under an individual's contract of employment if, before the transfer takes effect, the individual informs the transferor or transferee that the individual objects to the transfer.

(2) Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), the individual's contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but the individual is not, for any purpose, to be regarded as having been dismissed by the transferor.

(3) This paragraph is without prejudice to any right of an individual employed by a transferor to terminate the individual's contract of employment if (apart from the change of employer) a substantial change is made to the individual's detriment in the individual's working conditions.

Transitional

5

(1) Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 2 which is in effect immediately before it is transferred is to be treated as if done by or in relation to the transferee.

(2) There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

(3) A reference to the transferor in any document relating to anything so transferred is to be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.

(4) A transfer under paragraph 2 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

SCHEDULE 3

1

In this Schedule “the MHA” means the Mental Health Act 1983 (c. 20).

2

In section 57 of the MHA (treatment requiring consent and a second opinion), in subsection (2)(a), for “the Secretary of State” (in both places) substitute “ the regulatory authority ”.

3

In section 58 of the MHA (treatment requiring consent or a second opinion), in subsection (3)(a), for “the Secretary of State” substitute “ the regulatory authority ”.

4

(1) Section 61 of the MHA (review of treatment) is amended as follows.

(2) For “the Secretary of State” (wherever occurring) substitute “ the regulatory authority ”.

(3) In subsection (3), after “to him” insert “ (whether in England or Wales) ”.

5

In section 64H of the MHA (certificates: supplementary provision), in subsections (4) and (5), for “appropriate national authority” substitute “ regulatory authority ”.

6

(1) Section 118 of the MHA (code of practice) is amended as follows.

(2) In subsection (2), for “appointed for the purposes of this section by the Secretary of State” substitute “ appointed for the purposes of this section by the regulatory authority ”.

(3) After subsection (6) insert—

(7) The Care Quality Commission may at any time make proposals to the Secretary of State as to the content of the code of practice which the Secretary of State must prepare, and from time to time revise, under this section in relation to England.

7

(1) Section 119 of the MHA (practitioners approved for Part 4 and section 118) is amended as follows.

(2) In subsection (1)—

(a) for “The Secretary of State” substitute “ The regulatory authority ”,

(b) for “he” substitute “ it ”, and

(3) In subsection (2), omit “by the Secretary of State”.

8

For section 120 of the MHA substitute—

(120) (1) The regulatory authority must keep under review and, where appropriate, investigate the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or their reception into guardianship or to relevant patients. (2) Relevant patients are— (a) patients liable to be detained under this Act, (b) community patients, and (c) patients subject to guardianship. (3) The regulatory authority must make arrangements for persons authorised by it to visit and interview relevant patients in private— (a) in the case of relevant patients detained under this Act, in the place where they are detained, and (b) in the case of other relevant patients, in hospitals and regulated establishments and, if access is granted, other places. (4) The regulatory authority must also make arrangements for persons authorised by it to investigate any complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a patient who is or has been detained under this Act or who is or has been a relevant patient. (5) The arrangements made under subsection (4)— (a) may exclude matters from investigation in specified circumstances, and (b) do not require any person exercising functions under the arrangements to undertake or continue with any investigation where the person does not consider it appropriate to do so. (6) Where any such complaint as is mentioned in subsection (4) is made by a Member of Parliament or a member of the National Assembly for Wales, the results of the investigation must be reported to the Member of Parliament or member of the Assembly. (7) For the purposes of a review or investigation under subsection (1) or the exercise of functions under arrangements made under this section, a person authorised by the regulatory authority may at any reasonable time— (a) visit and interview in private any patient in a hospital or regulated establishment, (b) if the authorised person is a registered medical practitioner or approved clinician, examine the patient in private there, and (c) require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained under this Act or who is or has been a community patient or a patient subject to guardianship. (8) The regulatory authority may make provision for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any review or investigation for which it is responsible under subsection (1) or functions under arrangements made by it under this section. (9) In this section “regulated establishment” means— (a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or (b) premises used for the carrying on of a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008) in respect of which a person is registered under Chapter 2 of that Part.

9

After section 120 of the MHA insert—

(120A) (1) The regulatory authority may publish a report of a review or investigation carried out by it under section 120(1). (2) The Secretary of State may by regulations make provision as to the procedure to be followed in respect of the making of representations to the Care Quality Commission before the publication of a report by the Commission under subsection (1). (3) The Secretary of State must consult the Care Quality Commission before making any such regulations. (4) The Welsh Ministers may by regulations make provision as to the procedure to be followed in respect of the making of representations to them before the publication of a report by them under subsection (1). (120B) (1) The regulatory authority may direct a person mentioned in subsection (2) to publish a statement as to the action the person proposes to take as a result of a review or investigation under section 120(1). (2) The persons are— (a) the managers of a hospital within the meaning of Part 2 of this Act; (b) a local social services authority; (c) persons of any other description prescribed in regulations. (3) Regulations may make further provision about the content and publication of statements under this section. (4) “Regulations” means regulations made— (a) by the Secretary of State, in relation to England; (b) by the Welsh Ministers, in relation to Wales. (120C) (1) This section applies to the following persons— (a) the managers of a hospital within the meaning of Part 2 of this Act; (b) a local social services authority; (c) persons of any other description prescribed in regulations. (2) A person to whom this section applies must provide the regulatory authority with such information as the authority may reasonably request for or in connection with the exercise of its functions under section 120. (3) A person to whom this section applies must provide a person authorised under section 120 with such information as the person so authorised may reasonably request for or in connection with the exercise of functions under arrangements made under that section. (4) This section is in addition to the requirements of section 120(7)(c). (5) “Information” includes documents and records. (6) “Regulations” means regulations made— (a) by the Secretary of State, in relation to England; (b) by the Welsh Ministers, in relation to Wales. (120D) (1) The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act. (2) The report must be published as soon as possible after the end of each financial year. (3) The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament. (4) The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales. (5) In this section “financial year” means— (a) the period beginning with the date on which section 52 of the Health and Social Care Act 2008 comes into force and ending with the next 31 March following that date, and (b) each successive period of 12 months ending with 31 March.

10

In section 129 of the MHA (obstruction), in subsection (1), after paragraph (c) insert—

(ca) fails to comply with a request made under section 120C; or

11

(1) Section 134 of the MHA (correspondence of patients) is amended as follows.

(2) In subsection (3), after paragraph (c) insert—

(ca) the Care Quality Commission;

(3) In subsection (6), for “section 121(7) and (8) above” substitute “ section 134A(1) to (4) ”.

(4) In subsection (9), after “this section” insert “ and section 134A ”.

12

After section 134 of the MHA insert—

(134A) (1) The regulatory authority must review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 if an application for a review of the decision is made— (a) in a case under subsection (1)(b) of that section, by the patient; or (b) in a case under subsection (2) of that section, either by the patient or by the person by whom the postal packet was sent. (2) An application under subsection (1) must be made within 6 months of receipt by the applicant of the notice referred to in section 134(6). (3) On an application under subsection (1), the regulatory authority may direct that the postal packet (or anything contained in it) is not to be withheld. (4) The managers of the hospital concerned must comply with any such direction. (5) The Secretary of State may by regulations make provision in connection with the making to and determination by the Care Quality Commission of applications under subsection (1), including provision for the production to the Commission of any postal packet which is the subject of such an application. (6) The Welsh Ministers may by regulations make provision in connection with the making to them of applications under subsection (1), including provision for the production to them of any postal packet which is the subject of such an application.

13

In section 145 of the MHA (general interpretation), in subsection (1), insert at the appropriate place—

“the regulatory authority” means— (a) in relation to England, the Care Quality Commission; (b) in relation to Wales, the Welsh Ministers;

SCHEDULE 4

Part 1 — Interpretation

Inspection authorities

1

(1) In this Schedule references to inspection authorities are to be read in accordance with sub-paragraph (2) or (3), as the case may be.

(2) For the purposes of paragraph 5 or 6 the inspection authorities are—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of Constabulary,

(d) Her Majesty's Chief Inspector of the National Probation Service for England and Wales, , and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) Her Majesty's Chief Inspector of Education, Children's Services and Skills, and

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of paragraph 7 the inspection authorities are—

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Inspectors of Constabulary,

(d) Her Majesty's Inspectorate of the National Probation Service for England and Wales, , and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) Her Majesty's Chief Inspector of Education, Children's Services and Skills, and

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection functions

2

In this Schedule “inspection functions” means functions relating to, or connected with, inspections carried out by the Commission under section 60.

Public authorities

3

(1) In this Schedule “public authority”—

(a) includes any person certain of whose functions are functions of a public nature, but

(b) does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(2) Subject to paragraph 9(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom.

(3) In relation to a particular act, a person is not a public authority by virtue of sub-paragraph (1) if the nature of the act is private.

Part 2 — Exercise of functions

Delegation of inspection functions to public authorities

4

(1) The Commission may delegate any of its inspection functions (to such extent as it may determine) to another public authority.

(2) If the carrying out of an inspection is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Commission.

Inspection programmes and inspection frameworks

5

(1) The Commission must from time to time... prepare—

(a) a document setting out what inspections it proposes to carry out (an “inspection programme”), and

(b) a document setting out the manner in which it proposes to exercise its functions of inspecting and reporting (an “inspection framework”).

(2) Before preparing an inspection programme or an inspection framework the Commission must consult—

(a) the Secretary of State,

(b) the inspection authorities, and

and it must send to each of those persons or bodies a copy of each programme or framework once it is prepared.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Commission may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of sub-paragraph (1)(b) (so long as any requirements applying under or by virtue of this paragraph are complied with in relation to the document or documents concerned).

(5) Nothing in any inspection programme or inspection framework is to be read as preventing the Commission from making visits without notice.

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 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.

(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 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 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 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

(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—

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(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—

(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.

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 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.

(1A) The Commission may do anything it thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).

(2) Anything done under this paragraph may be done 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

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 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

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).

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 Act 2006); or (b) a residential family centre, 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 ”.

(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, 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— (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 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;

(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 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 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, (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 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.

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 (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 ”.

(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 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 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.

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 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).

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

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—

(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) (1) The Welsh Ministers may at any time suspend for a specified period 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, 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). (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. (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 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 ”,

(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

(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 (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 ”,

(b) after paragraph (a) of that subsection insert—

(aa) to suspend the registration or extend a period of suspension;

, and

17

In section 19 of the 2000 Act (notice of decisions), in subsection (4)—

(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

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 ”,

(b) in paragraph (a), for “the registration authority” substitute “ the CIECSS ”, and

(3) In subsection (3), for “the registration authority” substitute “ the CIECSS ”.

(4) In subsection (5), for “the registration authority” substitute “ the CIECSS ”.

(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 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) (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, 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 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 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 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. (7) In this section “statutory authority” has the same meaning as in section 20. (20B) (1) Subsection (2) applies where— (a) a person is registered under this Part in respect of an 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. (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. (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 extend the period of suspension. (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 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 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.

(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—

(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; ”.

22

After section 24 of the 2000 Act insert—

(24A) (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 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 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)—

(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.

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

(3) “The permitted period” means— (a) in the case of proceedings brought by the Welsh 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—

(30ZA) (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 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 (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. (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 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) (1) The Welsh Ministers may by regulations make— (a) provision as to the form and content of penalty notices, (b) provision as to the monetary amount of the penalty and the 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 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 (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 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, (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)— (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 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; - “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 the Children and Young Persons Act 2008, subsection (2) is amended as follows.

(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 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).

(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,

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.

(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 (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. (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 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—

(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 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— 1. Local Health Boards, 2. National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales, 3. Special Health Authorities performing functions only or mainly in respect of Wales, and 4. cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.

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

(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 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—

(118A) (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 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.

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”.

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 “each” insert “ Welsh ”.

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).

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

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).

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 CHAI and CSCI).

48

For section 143 of the 2003 Act substitute—

(143) (1) The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any 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— (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(1)(b) or 8(1) to (3) of the Care Standards Act 2000; (d) their functions under section 80 of the Children Act 1989; (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. (3) References to functions in subsection (2) do not include functions of making regulations.

49

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

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”,

(d) “Minister of the Crown”.

52

Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI and CSCI).

Part 3 — 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)—

(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

(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—

(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. ”

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—

(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)—

(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. ”

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 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 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 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)

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 Social Care Inspection, the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.

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 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)

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.

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

(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—

(a) omit paragraph (f), and

(b) for paragraph (g) substitute—

(g) the Care Quality Commission,

Audit Commission Act 1998 (c. 18)

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)

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

(b) for paragraph (g) substitute—

(g) the Care Quality Commission,

(3) In paragraph 4—

(a) omit paragraph (f), and

(b) for paragraph (g) substitute—

(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—

(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 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)

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—

(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;

(4) In paragraph 4—

(a) omit paragraph (f), and

(b) for paragraph (g) substitute—

(g) the Care Quality Commission,

Courts Act 2003 (c. 39)

75

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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 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 76 of the Health and Social Care Act 2008 (disclosure of confidential personal information: offence). ”, and

(3) In this section— - “English NHS body” has the meaning given by subsection (1) of section 97 of that Act; and - “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—

(d) the Care Quality Commission;

Health Act 2006 (c. 28)

79

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80

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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.

(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) ”.

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 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 ”.

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 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—

(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

(b) omit paragraph (d) (together with the word “and” at the end of it).

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 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)—

(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

(c) in paragraph (e), for “that Act” substitute “ the Health and Social Care (Community Health and Standards) Act 2003 ”.

92

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93

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Local Government and Public Involvement in Health Act 2007 (c. 28)

94

In section 227 of the Local Government and Public Involvement in Health Act 2007 (local involvement networks: annual reports), in subsection (4), after paragraph (c) insert—

(ca) the Care Quality Commission;

SCHEDULE 6

Interpretation

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Status

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General powers

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Membership

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Procedure

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Members' interests

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Remuneration and allowances

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Amendment of Superannuation Act 1972 (c. 11)

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Employees

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Payments and loans to the OHPA

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Accounts

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Reports

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Seal and evidence

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Meetings of the OHPA in Northern Ireland

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SCHEDULE 7

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SCHEDULE 8

1

(1) Section 60 of the 1999 Act (regulation of health care and associated professions) is amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In subsection (2)—

(a) in paragraph (a), omit “the Pharmacy Act 1954,”,

(b) after that paragraph insert—

(aa) the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007 and the Pharmacy (Northern Ireland) Order 1976,

, and

(ca) the profession regulated by so much of the Hearing Aid Council Act 1968 as relates to dispensers of hearing aids,

(4) After subsection (2) insert—

(2A) Her Majesty may also by Order in Council make provision relating to, or connected with, the functions of the relevant regulatory body in relation to— (a) the registration of premises under Part 4 of the Medicines Act 1968 (pharmacies), (b) the regulation of the use of premises for the purposes of a retail pharmacy business, within the meaning of the Medicines Act 1968, (c) compliance with the provisions of that Act, (d) compliance with the provisions of the Poisons Act 1972 or the Poisons (Northern Ireland) Order 1976 by persons admitted to practice and persons carrying on a retail pharmacy business, and (e) the grant of authorisations under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance). (2B) In subsection (2A) “the relevant regulatory body” means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).

2

In section 62 of the 1999 Act (regulations and orders), in subsection (10), after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.

3

Schedule 3 to the 1999 Act (which relates to the power in section 60 of the Act) is amended as follows.

4

In paragraph 5 (exercise of power so as to confer and modify functions), in paragraph (a), after “the Scottish Ministers” insert “ , a Northern Ireland department ”.

5

(1) Paragraph 7 (matters outside the scope of the Orders) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) An Order may not abolish— (a) the regulatory body of any profession to which section 60(2)(a) applies, (b) the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland, (c) the Health Professions Council, (d) the Nursing and Midwifery Council, or (e) any other regulatory body established by an Order. (1A) Sub-paragraph (1)(b) does not prevent an Order in Council from establishing a new regulatory body for the professions mentioned in section 60(2)(aa) and transferring to it any of the functions of the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland.

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