Health and Social Care (Community Health and Standards) Act 2003

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This version of this cross heading contains provisions that are prospective.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Health and Social Care (Community Health and Standards) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to Part 2 Chapter 5 Crossheading Provision-of-social-services:

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 48-69A repealed by 2008 c. 14 Sch. 5 para. 40 Sch. 15 Pt. 1

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act modified by S.I. 2004/567 art. 2
Act modified by S.I. 2009/462 art. 9 Sch. 3
Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 47A-47C inserted by 2006 c. 28 s. 14
s. 47A-47C repealed by 2008 c. 14 Sch. 5 para. 39 Sch. 15 Pt. 1
s. 53A 53B inserted by 2006 c. 28 s. 16
s. 69A inserted by 2004 c. 23 Sch. 2 para. 59
s. 145A inserted by 2004 c. 23 Sch. 2 para. 61
s. 145A repealed by 2008 c. 14 Sch. 5 para. 50 Sch. 15 Pt. 1

Commencement Orders yet to be applied to the Health and Social Care (Community Health and Standards) Act 2003:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

S.I. 2003/3346 art. 2-5 commences (2003 c. 43)
S.I. 2004/288 art. 2-6 commences (2003 c. 43)
S.I. 2004/480 art. 2-5 commences (2003 c. 43)
S.I. 2004/759 art. 2-13 commences (2003 c. 43)
S.I. 2004/866 art. 2 amendment to earlier commencing SI 2004/288
S.I. 2004/873 art. 2 commences (2003 c. 43)
S.I. 2004/1009 art. 2 amendment to earlier commencing SI 2004/288
S.I. 2004/1019 art. 2 amendment to earlier commencing SI 2004/480
S.I. 2004/2626 art. 2 commences (2004 c. 43)
S.I. 2005/38 art. 2 commences (2003 c. 43)
S.I. 2005/457 art. 2 commences (2003 c. 43)
S.I. 2005/2278 art. 2 commences (2003 c. 43)
S.I. 2005/2925 art. 2 4-11 commences (2003 c. 43)
S.I. 2005/3285 art. 2 commences (2003 c. 43)
S.I. 2006/345 art. 8 amendment to earlier commencing SI 2004/480
S.I. 2006/836 art. 2 amendment to earlier commencing SI 2004/759
S.I. 2006/836 art. 2 amendment to earlier commencing SI 2005/2925
S.I. 2006/1407 Sch. 1 Pt. 2 para. 13 commences (2003 c. 43)
S.I. 2006/1680 art. 2 3 commences (2003 c. 43)
S.I. 2006/2817 art. 2 commences (2003 c. 43)
S.I. 2006/3397 art. 2 3 commences (2003 c. 43)
S.I. 2008/1334 art. 2 commences (2003 c. 43)
S.I. 2011/212 art. 2 commences (2003 c. 43)
S.S.I. 2007/10 art. 2 commences (2003 c. 43)

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2005/121 art. 2 commences (2004 c. 17)
S.I. 2005/394 art. 2 commences (2004 c. 31)
S.I. 2005/558 art. 2 Sch. 1 commences (2004 c. 23)
S.I. 2005/1432 art. 2 commences (2005 c. 12)
S.I. 2005/2800 art. 3-5 commences (2005 c. 10)
S.I. 2006/885 art. 2 commences (2004 c. 31)
S.I. 2006/2603 art. 2-5 commences (2006 c. 28)
S.I. 2006/3125 art. 2-4 commences (2006 c. 28)
S.I. 2007/935 art. 2-7 commences (2006 c. 40)
S.I. 2007/1102 art. 2 amendment to earlier commencing SI 2004/759
S.I. 2008/172 art. 2-9 commences (2007 c. 28)
S.I. 2008/917 art. 2-5 commences (2007 c. 28)
S.I. 2008/1900 art. 2 commences (2007 c. 12)
S.I. 2009/462 art. 2-5 commences (2008 c. 14)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
S.I. 2010/30 art. 2-4 commences (2009 c. 21)
S.I. 2010/708 art. 1-14 commences (2008 c. 14)
S.I. 2010/807 art. 2 Sch. 1 commences (2008 c. 14)
S.I. 2011/211 art. 2 commences (2008 nawm 1)
S.I. 2011/211 art. 2 Sch. commences ()
S.I. 2011/1066 art. 2 commences (2010 c. 15)
S.S.I. 2007/9 art. 2 commences (2006 c. 28)
S.S.I. 2011/268 art. 8 commences (2011 asp 7)

Provision of social servicesE+W

Prospective

76IntroductoryE+W

(1)The CSCI has the general function of encouraging improvement in the provision of English local authority social services.

(2)In exercising its functions under subsection (1) and sections 77 to 81 in relation to the provision of such services the CSCI shall be concerned in particular with—

(a)the availability of, and access to, the services;

(b)the quality and effectiveness of the services;

(c)the management of the services;

(d)the economy and efficiency of their provision and their value for money;

(e)the availability and quality of information provided to the public about the services;

(f)the need to safeguard and promote the rights and welfare of children; and

(g)the effectiveness of measures taken by local authorities for the purpose specified in paragraph (f).

Prospective

77Information and adviceE+W

(1)The CSCI is to keep the Secretary of State informed about the provision of English local authority social services.

(2)The CSCI may at any time give advice to the Secretary of State on any matter connected with the provision of English local authority social services.

(3)The CSCI may in particular under subsection (2) give advice to the Secretary of State on any changes which it thinks should be made, for the purpose of securing improvement in the quality of services provided by local authorities in England in the exercise of the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), in the standards prepared and published from time to time under section 23 of that Act.

(4)When requested to do so by the Secretary of State, the CSCI must give him advice or information on such matters connected with the provision of English local authority social services as may be specified in the request.

(5)The CSCI may give advice to the Secretary of State or any local authority in England about the establishment or conduct of any inquiry held, or to be held, by the Secretary of State or the authority in relation to the provision of English local authority social services.

Prospective

78Review of studies and researchE+W

(1)The CSCI may review—

(a)studies and research undertaken by others in relation to the provision of English local authority social services;

(b)the methods used in such studies and research; and

(c)the validity of the conclusions drawn from such studies and research.

(2)Where the CSCI conducts a review under this section it must publish a report.

79Annual reviewsE+W

(1)In each financial year the CSCI must conduct a review of the English local authority social services which are provided by, or pursuant to arrangements made by, each local authority in England.

(2)After conducting a review under subsection (1) in respect of a local authority the CSCI must award a performance rating to that authority.

(3)The CSCI is to exercise its functions under this section by reference to criteria from time to time devised by it and approved by the Secretary of State.

(4)The CSCI must publish the criteria devised and approved from time to time under subsection (3).

(5)The CSCI is to exercise its functions under this section in any financial year in accordance with any timetable specified in relation to that year by the Secretary of State.

(6)In exercising its functions under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).

(7)In exercising its functions under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.

(8)For the purposes of this section, the CSCI may carry out an inspection of—

(a)the local authority being reviewed;

(b)any person providing an English local authority social service pursuant to arrangements made by the authority.

(9)The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the award of a performance rating under this section.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 79 partly in force; s. 79 in force at Royal Assent for certain purposes, see s. 199(1)(4)

80Other reviews and investigationsE+W

(1)The CSCI has the function of conducting other reviews of, and investigations into, the provision of English local authority social services.

(2)The CSCI may in particular under this section conduct—

(a)a review of the overall provision of English local authority social services;

(b)a review of the provision of any English local authority social service of a particular description; or

(c)a review of, or investigation into, the provision of any English local authority social service by a particular person or persons.

(3)If the Secretary of State so requests, the CSCI must conduct—

(a)a review under subsection (2)(a);

(b)a review under subsection (2)(b) of an English local authority social service of such description as may be specified in the request; or

(c)a review or investigation under subsection (2)(c) in relation to the provision of such services as may be specified in the request by such person, or persons of such description, as may be so specified.

(4)In exercising its function under this section the CSCI must take into account guidance issued to local authorities under section 7 of the Local Authority Social Services Act 1970 (c. 42).

(5)In exercising its function under this section in relation to the functions referred to in section 43(3)(a) and (b) of the Care Standards Act 2000 (c. 14) (adoption and fostering functions), the CSCI must take into account the standards prepared and published from time to time under section 23 of that Act.

(6)For the purposes of this section, the CSCI may carry out an inspection of—

(a)any local authority in England;

(b)any other person providing an English local authority social service.

(7)Where the CSCI conducts a review or investigation under this section, it must publish a report.

(8)The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.

Annotations:

Commencement Information

I2S. 80 partly in force; s. 80 in force at Royal Assent for certain purposes, see s. 199(1)(4)

81FailingsE+W

(1)This section applies where the CSCI conducts—

(a)a review under section 79; or

(b)a review or investigation under section 80.

(2)If under section 79 the CSCI awards the lowest performance rating to a local authority, the CSCI must—

(a)inform the Secretary of State of that fact; and

(b)recommend any special measures which it considers the Secretary of State should take.

(3)If (in a case where subsection (2) does not apply) the CSCI considers that a local authority in England is failing to discharge any of its social services functions to an acceptable standard, it must—

(a)inform the Secretary of State of that fact; and

(b)recommend any special measures which it considers the Secretary of State should take.

(4)However, in a case falling within subsection (3), if the CSCI considers that the failure is not substantial, it may instead—

(a)give the local authority a notice under subsection (5); and

(b)inform the Secretary of State that it has done so.

(5)A notice under this subsection is a notice which specifies—

(a)the respects in which the CSCI considers that the local authority is failing;

(b)the action which the CSCI considers the authority should take to remedy the failure; and

(c)the time by which the CSCI considers the action should be taken.

(6)Where under subsection (2)(b) or (3)(b) the CSCI has recommended that the Secretary of State take special measures in relation to a local authority, the CSCI must, if the Secretary of State so requests—

(a)undertake a further review under section 80 in relation to the authority; and

(b)include in its report under subsection (7) of that section a report on such matters as the Secretary of State may specify.

(7)The Secretary of State may, after consulting the CSCI, by regulations make provision as to the procedure to be followed in respect of the making of representations to the CSCI before the publication of a report under this section.

Annotations:

Commencement Information

I3S. 81 partly in force; s. 81 in force at Royal Assent for certain purposes, see s. 199(1)(4)

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Health and Social Care (Community Health and Standards) Act 2003

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Changes and effects yet to be applied to Part 2 Chapter 5 Crossheading Provision-of-social-services:

Changes and effects

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

Commencement Orders yet to be applied to the Health and Social Care (Community Health and Standards) Act 2003:

Commencement Orders

Provision of social servicesE+W

76IntroductoryE+W

77Information and adviceE+W

78Review of studies and researchE+W

79Annual reviewsE+W

80Other reviews and investigationsE+W

81FailingsE+W

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