Health and Social Care Act 2008

(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,

• (c) Her Majesty's Chief Inspector of the Crown Prosecution Service,

• (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,

• (c) Her Majesty's Chief Inspector of the Crown Prosecution Service,

• (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

• (c) any other person or body specified by an order made by the Secretary of State,

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;

• (c) provision prescribing circumstances in which notices are, or are not, to be made public;

• (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

• (c) in subsection (4), omit “the CHAI, the CSCI or”.

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 ”,

• (c) after subsection (4) insert—

(4A) If the Welsh Ministers decide to grant an application under subsection (1)(c), they must serve notice in writing of their decision on the applicant (stating, where applicable, the period as varied).

, and

• (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

• (c) in subsection (5), after “(a)” insert “ or (c) ”.

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

• (c) in sub-paragraph (i) of that paragraph, for “an” substitute “ the ”.

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

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

• (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

• (c) after subsection (2) insert—

(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”.

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

35

In this Part of this Schedule “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

36

Omit sections 41 to 44 of the 2003 Act (regulatory bodies).

37

In section 45 of the 2003 Act (quality in health care), in subsection (1), after “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”,

• (c) “financial year”, and

• (d) “Minister of the Crown”.

52

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

Part 3 — 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

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67

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68

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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

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

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

• (c) for subsection (3) substitute—

(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

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

80

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

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

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

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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...

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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

• (c) after paragraph (c) insert—

(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.

• (3) Omit sub-paragraph (2) (which prevents an Order in Council under section 60 of the 1999 Act from imposing a requirement which would have the effect that a majority of the members of the regulatory body of a profession would be persons not included in the register of members admitted to practice).

• (4) Omit sub-paragraph (3) (which prevents an Order in Council under section 60 of the 1999 Act from providing for a function conferred on the Privy Council, in relation to any profession to which subsection (2)(a) of that section applies, to be exercised by a different person).

6

• (1) Paragraph 8 (other matters outside the scope of the Orders) is amended as follows.

• (2) In sub-paragraph (2) omit paragraph (d).

• (3) After that sub-paragraph insert—

(2A) Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers or the Office of the Health Professions Adjudicator to exercise that function. (2B) In sub-paragraphs (1) and (2A) references to a regulatory body do not include references to any of the following— (a) the Royal Pharmaceutical Society of Great Britain, (b) the Pharmaceutical Society of Northern Ireland, and (c) the Hearing Aid Council.

7

• (1) Paragraph 9 (preliminary procedure for making Orders) is amended as follows.

• (2) In sub-paragraph (1)(b)—

• (a) for “the profession”, where it first occurs, substitute “ any profession ”, and

• (b) for “by the profession” substitute “ by any profession to be regulated ”.

• (3) After sub-paragraph (1) insert—

(1A) In the case of a draft Order which amends or repeals— (a) an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or (b) any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament, but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.

• (4) In sub-paragraph (3) after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.

8

In paragraph 10 (interpretation of the Schedule)—

• (a) before the definition of “Order” insert—

“dental practitioner” means a person registered in the dentists register under the Dentists Act 1984, “enactment” means an enactment contained in, or in an instrument made under— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) a Measure or Act of the National Assembly for Wales, or (d) Northern Ireland legislation, “functions” includes powers and duties, “medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,

, and

• (b) omit the words from “and other expressions” to the end.

9

In paragraph 11 (which contains further interpretative provisions), in sub-paragraph (2)—

• (a) in paragraph (c), for “Part 1 of the 1977 Act” substitute “ Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 ”, and

• (b) in paragraph (d), for “Part 1 of the 1977 Act” substitute “ Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006 ”.

10

Omit paragraph 12 (which confers limited powers in relation to the profession regulated by the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))).

SCHEDULE 9

Interpretation

1

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

Matters generally within the scope of regulations

2

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

Manner of exercise of power

3

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

4

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

5

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

6

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

7

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

Matters outside the scope of regulations

8

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

Preliminary procedure for making regulations: England

9

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

Preliminary procedure for making regulations: Wales

10

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

SCHEDULE 10

Provision consequential on section 113(1)

1

• (1) Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence.

• (2) Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.

Public Records Act 1958 (c. 51)

2

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—

• (a) for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

• (b) at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

3

In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—

• (a) in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—

(bca) the Council for Healthcare Regulatory Excellence; (bcb) the Office of the Health Professions Adjudicator;

, and

• (b) in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—

(ca) the Council for Healthcare Regulatory Excellence; (cb) the Office of the Health Professions Adjudicator;

.

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—

• (a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

5

In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—

• (a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Race Relations Act 1976 (c. 74)

6

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

Dentists Act 1984 (c. 24)

7

In section 27 of the Dentists Act 1984 (allegations against registered dentists), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.

8

In section 36A of the Dentists Act 1984 (professions complementary to dentistry), in subsection (1)(b), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

9

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

Health Act 1999 (c. 8)

10

In section 60 of the 1999 Act (regulation of health care and associated professions), in subsection (1)(c), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

11

In section 62 of the 1999 Act (regulations and orders), for subsection (4) substitute—

(4) Any power under this Act to make Orders in Council or orders— (a) may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case, (b) may be exercised so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act, (iii) any such provision either unconditionally or subject to any specified condition, and (c) may, in particular, be exercised so as to make different provision for different areas. (4A) Any such power includes power— (a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking enactments) as the person exercising the power considers to be expedient, and (b) to provide for a person to exercise a discretion in dealing with any matter.

12

In Schedule 3 to the 1999 Act (regulation of health care and associated professions), in paragraph 7(4), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.

Freedom of Information Act 2000 (c. 36)

13

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—

• (a) for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nursing and Midwifery Order 2001 (S.I. 2002/253)

14

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

Health Professions Order 2001 (S.I. 2002/254)

15

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

National Health Service Reform and Health Care Professions Act 2002 (c. 17)

16

For the title to section 25 of the 2002 Act, and for the heading immediately preceding the section, substitute “The Council for Healthcare Regulatory Excellence”.

17

• (1) Section 25 of the 2002 Act is amended as follows.

• (2) In subsection (3), for paragraphs (h) and (i) substitute—

(ga) the Nursing and Midwifery Council, (gb) the Health Professions Council, and

.

• (3) In that subsection, for paragraph (j) substitute—

(j) any other regulatory body (within the meaning of Schedule 3 to the 1999 Act) established by an Order in Council under section 60 of that Act.

• (4) In subsection (6), omit “and (3)”.

18

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

19

For the title to Schedule 7 to the 2002 Act substitute “The Council for Healthcare Regulatory Excellence”.

Health Act 2006 (c. 28)

20

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

21

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

22

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

23

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

National Health Service Act 2006 (c. 41)

24

In section 201 of the National Health Service Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.

National Health Service (Wales) Act 2006 (c. 42)

25

In section 149 of the National Health Service (Wales) Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.

National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)

26

In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)

27

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

SCHEDULE 11

Introductory

1

In this Schedule “the 1984 Act” means the Public Health (Control of Disease) Act 1984 (c. 22).

Local Government, Planning and Land Act 1980 (c. 65)

2

In section 159 of the Local Government, Planning and Land Act 1980 (public health etc.), in subsection (1), omit paragraph (e) and the word “and” immediately preceding it.

Public Health (Control of Disease) Act 1984

3

• (1) Section 1 (authorities administering Act) of the 1984 Act is amended as follows.

• (2) For subsection (1) substitute—

(1) In this Act “local authority” means any of the following— (a) a district council; (b) in England, a county council for an area for which there is no district council; (c) in Wales, a county council or county borough council; (d) a London borough council; (e) the Common Council of the City of London; (f) the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; (g) the Council of the Isles of Scilly.

• (3) Omit subsections (2) and (4).

4

• (1) Section 5 of the 1984 Act (financial provisions as to port health authorities) is amended as follows.

• (2) In subsection (2), for the words from “shall” onwards substitute “ shall be defrayed by the constituent districts in such proportions and in such manner as may be determined by or in accordance with the order. ”

• (3) In subsection (3), omit “or rating districts”.

5

In section 7 of the 1984 Act (port health district and authority for Port of London), in subsection (4), omit paragraphs (c) and (d).

6

Omit section 9 of the 1984 Act (vessels in inland or coastal waters).

7

In section 48 of the 1984 Act (removal of body to mortuary or for immediate burial), in subsection (1), for the words from “in any building” to “neighbouring building” substitute “ in any place would endanger the health of any person ”.

8

In section 49 of the 1984 Act (regulations as to canal boats), in subsection (1)—

• (a) at the end of paragraph (a) insert “ and ”,