The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

Article 8

SCHEDULE 2 Transitory provision in relation to functions of the CHAI and the CSCI under the 2000 Act

1.  In this Schedule, “the relevant date” means the date for the coming into force of the repeals of the 2000 Act relating to the provisions of that Act listed in paragraph 36(a) of Schedule 1.

2.—(1) Until the relevant date, the Care Quality Commission shall―

(a) have the general duty of encouraging improvement in the quality of registered social care services provided in England; and

(b) make information available to the public about registered social care services provided in England.

(2) In this paragraph, “registered social care services” means services provided by a person registered with the Care Quality Commission under the 2000 Act as a care home, domiciliary care agency, nurses agency or adult placement scheme(1).

3.  Until the relevant date, the 2000 Act and regulations made under it will have effect subject to the modifications set out in paragraphs 4 to 9.

4.—(1) The 2000 Act will have effect subject to the modifications set out in sub-paragraphs (2) to (13).

(2) In section 5 (registration authorities), in subsection (1)(a)(2)—

(a) in sub-paragraph (i), for “the CHAI” substitute “the Care Quality Commission”; and

(b) in sub-paragraph (ii), for “the CSCI” substitute “the Care Quality Commission”.

(3) In section 11 (requirement to register), in subsection (4)(3), for “the CHAI, the CSCI” substitute “the Care Quality Commission”.

(4) In section 12 (applications for registration), in subsection (2)(4)―

(a) for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and

(b) after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.

(5) In section 15 (applications by registered persons), in subsection (3)(5)―

(a) in paragraph (a), for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and

(b) in paragraph (b), after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.

(6) In section 16 (regulations about registration), in subsection (3)(6)―

(a) in paragraph (a), for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and

(b) in paragraph (b), after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.

(7) In section 22 (regulation of establishments and agencies), in subsection (7)(i)(7)—

(a) in sub-paragraph (i), for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and

(b) in sub-paragraph (ii), after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.

(8) In section 29 (proceedings for offences)(8), for subsection (1)(a) substitute―

“(a) the Care Quality Commission or the CIECSS; or”

(9) In section 31 (inspections by persons authorised by registration authority)(9), in subsection (7), for “the CHAI, the CSCI” substitute “the Care Quality Commission”.

(10) In section 42 (power to extend the application of Part 2)(10), in subsection (5), for “the CHAI, the CSCI” substitute “the Care Quality Commission”.

(11) In section 55 (interpretation), after subsection (3)(ea)(11) insert—

“(eb) staff of the Care Quality Commission who inspect under Part 2 of the Care Standards Act 2000 premises used for or in connection with a care home, domiciliary care agency, nurses agency or adult placement scheme;”.

(12) In section 113A (fees payable under Part 2)(12)—

(a) in subsection (1), for “The CHAI, the CSCI” substitute “The Care Quality Commission, in cases where it is the registration authority under section 5(1)(a)(i)”;

(b) in subsection (3), for “the CHAI, the CSCI” substitute “the Care Quality Commission”;

(c) in subsection (5), for “the CHAI, the CSCI” substitute “the Care Quality Commission, in cases where it is the registration authority under section 5(1)(a)(i)”; and

(d) in subsection (6), for “the CHAI, the CSCI” substitute “the Care Quality Commission”.

(13) In this paragraph references to section 5(1)(a)(i) and (ii) of the 2000 Act are references to those provisions as modified by sub-paragraph (2).

5.—(1) The regulations specified in paragraph (2) will have effect as if for the definition of “Commission” there were substituted—

““Commission” means the Care Quality Commission;”.

(2) The regulations referred to in paragraph (1) are—

(a) regulation 2(1) of the Care Homes Regulations 2001(13);

(b) regulation 2(1) of the Private and Voluntary Health Care (England) Regulations 2001(14);

(c) regulation 2(1) of the Nurses Agencies Regulations 2002(15); and

(d) regulation 2(1) of the Domiciliary Care Agencies Regulations 2002(16).

6.  The Care Standards Act 2000 (Extension of the Application of Part 2 to Adult Placement Schemes) (England) Regulations 2004(17) will have effect as if, in regulation 2(3), for “the CSCI” there were substituted “the Care Quality Commission”.

7.—(1) The Adult Placement Schemes (England) Regulations 2004(18) will have effect as if—

(a) in the regulations specified in sub-paragraph (2), for “the CSCI”, in all places where it appears, there were substituted “the Care Quality Commission”; and

(b) in regulations 24 and 24A(19), for “the Commission”, in all places where it appears, there were substituted “the Care Quality Commission”.

(2) The regulations referred to in sub-paragraph (1) are regulations 3, 4, 5, 6, 8, 9, 12, 22, 23, 25, 26, 30, 32, 33, 34, 35, 36, 37 and 39.

8.  The Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2007(20) will have effect as if―

(a) in regulation 4(4) (variation fees) for “the CSCI” in both places it appears; and

(b) in regulation 6(1) (frequency of inspections) for “the CSCI”,

there were substituted “the Care Quality Commission”.

9.—(1) The requirement in the regulations specified in sub-paragraph (2) as modified by this Schedule to notify the Care Quality Commission of a revision to the service user’s guide shall not apply in the case of a revision made solely for the purpose of substituting the address and telephone number of the Care Quality Commission for those of―

(a) the CHAI, in the case of the Regulations specified in sub-paragraph (2)(a); or

(b) in all other cases, the CSCI.

(2) The regulations referred to in sub-paragraph (1) are―

(a) regulation 8(b) of the Private and Voluntary Health Care (England) Regulations 2001;

(b) regulation 6(b) of the Care Homes Regulations 2001;

(c) regulation 6(b) of the Domiciliary Care Agencies Regulations 2002;

(d) regulation 6(b) of the Nurses Agencies Regulations 2002; and

(e) regulation 6(b) of the Adult Placement Schemes (England) Regulations 2004.

(1)

See S.I. 2004/1972 for the extension of the application of Part 2 of the 2000 Act to adult placement schemes.

(2)

Subsection (1) was so numbered as a result of the Adoption and Children Act 2002 (c.38), Schedule 3, paragraph 105 and amended by the Health and Social Care (Community Health and Standards) Act 2003 (c.43) (“the 2003 Act”), Schedule 9, paragraph 17 and the Education and Inspections Act 2006 (c.40) (“the 2006 Act”), Schedule 14, paragraph 39.

(3)

Subsection (4) was amended by the 2003 Act, Schedule 9, paragraph 20 and the 2006 Act, Schedule 14, paragraph 42.

(4)

Subsection (2) was amended by the 2003 Act, section 105(3) and the 2006 Act, Schedule 14, paragraph 43. The transitional provisions relating to section 12 of the 2000 Act made by article 3 of S.I. 2005/2925 are revoked by article 15 of this Order.

(5)

Subsection (3) was amended by the 2003 Act, section 105(4) and the 2006 Act, Schedule 14, paragraph 44. The transitional provisions relating to section 15 of the 2000 Act made by article 3 of S.I. 2005/2925 are revoked by article 15 of this Order.

(6)

Subsection (3) was substituted by the 2003 Act, section 105(6) and amended by the 2006 Act, Schedule 14, paragraph 45. The transitional provisions relating to section 16 of the 2000 Act made by article 3 of S.I. 2005/2925 are revoked by article 15 of this Order.

(7)

Subsection (7)(i) was amended by the 2003 Act, section 105(7) and the 2006 Act, Schedule 14, paragraph 46. The transitional provisions relating to section 22 of the 2000 Act made by article 3 of S.I. 2005/2925 are revoked by article 15 of this Order.

(8)

Section 29(1)(a) was amended by the 2003 Act, Schedule 9, paragraph 22 and by the 2006 Act, Schedule 14, paragraph 47.

(9)

Section 31(7) was amended by the 2003 Act, Schedule 9, paragraph 23(b) and by the 2006 Act, Schedule 14, paragraph 48.

(10)

Section 42 was amended by the 2003 Act, Schedule 9, paragraph 25 and by the 2006 Act, Schedule 14, paragraph 50.

(11)

Subsection (3)(ea) is to be inserted by paragraph 29(3)(b) of Schedule 5 to the Health and Social Care Act 2008.

(12)

Section 113A was inserted by the 2003 Act, section 105(2) and amended by the 2006 Act, Schedule 14, paragraph 53. It has been commenced only in relation to a determination by the CHAI – see article 2 of S.I. 2005/2925.

(13)

S.I. 2001/3965, amended by S.I. 2004/664; there are other amending instruments but none is relevant.

(14)

S.I. 2001/3968, amended by S.I. 2004/664; there are other amending instruments but none is relevant.

(15)

S.I. 2002/3212, amended by S.I. 2004/664; there are other amending instruments but none is relevant.

(16)

S.I. 2002/3214, amended by S.I. 2004/664; there are other amending instruments but none is relevant.

(17)

S.I. 2004/1972.

(18)

S.I. 2004/2071.

(19)

Regulation 24 was substituted and regulation 24A was inserted by S.I. 2006/1493.

(20)

S.I.2007/556.