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

Status:

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s. 48-69A repealed by 2008 c. 14 Sch. 5 para. 40 Sch. 15 Pt. 1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

92General functionE+W

The Assembly has the general function of encouraging improvement in the provision of Welsh local authority social services.

Prospective

93Reviews of studies and researchE+W

(1)The Assembly may review—

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

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

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

(2)Where the Assembly conducts a review under this section it must publish such report as it considers appropriate.

94Reviews and investigationsE+W

(1)The Assembly has the function of conducting reviews of, and investigations into, the way in which local authorities in Wales discharge their social services functions.

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

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

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

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

(3)The Assembly may in a review under subsection (2)—

(a)assess performance against criteria;

(b)award performance ratings.

(4)For the purposes of this section the Assembly may carry out an inspection of—

(a)any local authority in Wales;

(b)any other person providing a Welsh local authority social service.

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

(6)The Assembly may by regulations require a local authority in Wales to pay a fee to the Assembly in respect of the exercise of the Assembly’s 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).

(7)A fee under this section shall be of such amount, and shall be payable at such a time, as may be specified in the regulations.

(8)A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

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. 94 partly in force; s. 94 in force at Royal Assent for certain purposes, see s. 199(1)(4)

Prospective

95Studies as to economy, efficiency etcE+W

(1)The Assembly has the function of promoting or undertaking comparative or other studies designed to enable it to make recommendations—

(a)for improving economy, efficiency and effectiveness in the discharge by local authorities in Wales of their social services functions;

(b)for improving the management of such local authorities in the discharge of those functions.

(2)The Assembly may also promote or undertake studies designed to enable it to prepare reports as to the impact of the operation of any particular statutory provisions on economy, efficiency and effectiveness in the discharge by local authorities in Wales of their social services functions.

(3)The Assembly must publish or otherwise make available—

(a)any recommendations made by it under subsection (1); and

(b)a report on the result of any studies under this section.

(4)The Assembly and the Audit Commission must co-operate with each other with respect to the exercise of their respective functions under this section and sections 33 and 34 of the Audit Commission Act 1998 (c. 18).

96Additional functionsE+W

The Assembly shall have such additional functions in relation to the provision of Welsh local authority social services as—

(a)correspond to functions conferred on the CSCI by or under this Act; and

(b)are specified by the Assembly in regulations.

Annotations:

Commencement Information

I2S. 96 partly in force; s. 96 in force at Royal Assent for certain purposes, see s. 199(1)(4)

Prospective

97General considerationsE+W

(1)This section applies for the purpose of the exercise by the Assembly of its functions—

(a)under sections 92 to 95; and

(b)under regulations under section 96.

(2)The Assembly 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).

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

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Changes to Legislation

Changes and effects yet to be applied to Part 2 Chapter 6 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

92General functionE+W

93Reviews of studies and researchE+W

94Reviews and investigationsE+W

95Studies as to economy, efficiency etcE+W

96Additional functionsE+W

97General considerationsE+W

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