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Care Standards Act 2000

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Registration authoritiesE+W

5 Registration authorities.E+W

For the purposes of this Act—

[F1(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”);]

(b)the registration authority [F2in the case of establishments and agencies mentioned in subsection (1B)] is the National Assembly for Wales (referred to in this Act as “the Assembly”).

[F3(1A)The establishments and agencies [F4mentioned in subsection (1)(a)] 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. F5...

F5(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F6(1B)The establishments mentioned in subsection (1)(b) are—

(a)independent hospitals in Wales;

(b)independent clinics in Wales;

(c)independent medical agencies in Wales.]

F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5S. 5(1A)(f) and preceding word omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), ss. 93(2)(a)(i), 115(7); S.I. 2015/994, art. 6(q)

Commencement Information

I1S. 5 partly in force; s. 5 not in force at Royal Assent see s. 122; s. 5 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 5 in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, art. 3(2)(7)(c) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

[F85AGeneral duties of Commission for Healthcare Audit and InspectionE+W

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F8S. 5A inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. {103}, 199; S.I. 2004/759, art. 3(1)

[F105BGeneral duties of Commission for Social Care InspectionE+W

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F10S. 5B inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. {104}, 199; S.I. 2004/759, art. 4(2)

6 National Care Standards Commission.E+W

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 General duties of the Commission.E+W

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 General functions of the Assembly.E+W

(1)The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.

(2)The Assembly shall make information about Part II services provided in Wales available to the public.

[F14(3)The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.

[F15(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).]]

(4)The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.

(5)The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.

[F16(6)The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—

(a)its functions exercisable by virtue of [F17section 5(1)(b)] and subsections (1) to (3) of this section; and

[F18(b)any other functions exercisable by the Assembly corresponding to functions exercisable [F19by the Care Quality Commission—

(i)under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or

(ii)under the Mental Health Act 1983 in relation to England.]]]

[F20[F21(7)]In this section, “Part II services” means services of the kind provided by persons registered under Part II F22. . . ]

Textual Amendments

F15S. 8(3A) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(2); S.I. 2009/462, art. 2, Sch. 1 para. 35

F20S. 8(7) (originally numbered s. 8(6)) inserted (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 147, 199, Sch. 9 para. 18(3); S.I. 2004/759, art. 5(2)

F21S. 8(6) (as second appearing) renumbered as s. 8(7) (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 40(4); S.I. 2007/935, art. 5

F22Words in s. 8(7) repealed (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 8(4); S.I. 2009/462, art. 2, Sch. 1 paras. 35, 36

Commencement Information

I2S. 8 partly in force; s. 8 not in force at Royal Assent see s. 122; s. 8 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 8 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 8 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 8 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 8 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 8 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

9 Co-operative working.E+W

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 Inquiries.E+W

(1)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.

(3)Before an inquiry is begun, the person causing the inquiry to be held may direct that it shall be held in private.

(4)Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

(5)Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section; and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.

(6)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that there are exceptional circumstances which make it inappropriate to publish it, be published in a manner which that Minister considers appropriate.

Textual Amendments

Commencement Information

I3S. 10 partly in force; s. 10 not in force at Royal Assent see s. 122; s. 10(1)-(5)(7) in force for E. at 1.4.2002 by S.I. 2001/3852, art. 3(2)(7)(e) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 10(2)-(7) in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 10(2)-(7) in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 10(2)-(7) in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 10(2)-(7) in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2

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