Search Legislation

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

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

There are currently no known outstanding effects for the Health and Social Care (Community Health and Standards) Act 2003, Chapter 7. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Chapter 7E+WFunctions under the Care Standards Act 2000

Functions of CHAI and CSCIE+W

F1102Transfer of functions to CHAI and CSCIE+W

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

F1103General functions of CHAIE+W

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

F1104General functions of CSCIE+W

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

105FeesE+W

(1)The Care Standards Act 2000 (c. 14) is amended as follows.

(2)After section 113 insert—

113AFees payable under Part 2

(1)The CHAI and the CSCI may each from time to time make and publish provision determining the amount of any fee payable to it under Part 2.

(2)Provision under subsection (1) may include provision—

(a)for different amounts to be payable in different cases, or classes of case;

(b)for different amounts to be payable by persons of different descriptions.

(3)Before the CHAI or the CSCI makes any provision under subsection (1) it must consult such bodies as appear to it to be representative of the persons liable to pay the fee.

(4)No provision may be made under subsection (1) without the consent of the Secretary of State.

(5)If the Secretary of State considers it necessary or desirable to do so, he may by regulations make provision determining the amount of a fee payable to the CHAI or the CSCI under Part 2 instead of the amount for which provision is made under subsection (1).

(6)Before making any regulations under subsection (5) in respect of fees payable to the CHAI or the CSCI, the Secretary of State shall consult that body and such other persons as appear to him to be appropriate.

(3)In section 12 (applications for registration), in subsection (2), for “a fee of the prescribed amount” substitute “ a fee of the amount determined under section 113A, where the registration authority is the CHAI or the CSCI, or of the prescribed amount, where the registration authority is the Assembly. ”

(4)In section 15 (other applications), in subsection (3) for “a fee of such amount as may be prescribed” substitute a fee of—

(a)the amount determined under section 113A, where the registration authority is the CHAI or the CSCI; or

(b)the prescribed amount, where the registration authority is the Assembly.

(5)In that section, in subsection (5)—

(a)for “subsection (3)” substitute “ subsection (3)(b) ”; and

(b)for “the registration authority” substitute “ the Assembly ”.

(6)In section 16 (regulations about registration), for subsection (3) substitute—

(3)Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee—

(a)of such amount as may be determined under section 113A, where the registration authority is the CHAI or the CSCI; and

(b)of such amount as may be prescribed, where the registration authority is the Assembly.

(7)In section 22(7)(i) (fees in respect of notification of variation of corporate ownership etc), for the words from “of a fee” to the end substitute , in respect of any notification required to be made by virtue of paragraph (h), of a fee of—

(i)such amount as may be determined under section 113A, where notification is made to the CHAI or the CSCI; or

(ii)the prescribed amount, where notification is made to the Assembly.

Commencement Information

I1S. 105 partly in force; s. 105 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2S. 105(1) in force at 30.10.2005 for specified purposes for E. by S.I. 2005/2925, art. 2(1)(b)

I3S. 105(1) in force at 1.4.2006 for specified purposes by S.I. 2005/2925, art. 2(2)

I4S. 105(1) in force at 27.6.2006 for specified purposes for E. by S.I. 2006/1680, art. 2(1)

I5S. 105(1)(6) in force at 1.8.2006 in so far as not already in force by S.I. 2006/1680, art. 2(2)(b)

I6S. 105(2) in force at 30.10.2005 for specified purposes for E. by S.I. 2005/2925, art. 2(1)(b)

I7S. 105(3)-(7) in force at 1.4.2006 by S.I. 2005/2925, art. 2(2)

I8S. 105(3)-(5)(7) in force at 1.8.2006 in so far as not already in force by S.I. 2006/1680, art. 2(2)(a)

I9S. 105(6) in force at 27.6.2006 for specified purposes for E. by S.I. 2006/1680, art. 2(1)

MiscellaneousE+W

106Meaning of “independent medical agency”E+W

In section 2(5) of the Care Standards Act 2000 (c. 14) (an “independent medical agency” does not include an independent clinic), after “clinic” insert “ or an independent hospital ”.

Commencement Information

I10S. 106 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

I11S. 106 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

107Children’s homes providing secure accommodationE+W

(1)In section 4 of the Care Standards Act 2000 (c. 14) (basic definitions), in subsection (8)(a) (references to a description of establishment), after “children’s home” insert “ , a children’s home providing accommodation for the purpose of restricting liberty, ”.

(2)In section 22 of that Act (regulations), in subsection (8) (regulations relating to children’s homes)—

(a)omit paragraph (a), and

(b)in paragraph (b), for “mentioned in paragraph (a)” substitute “ of restricting liberty ”.

Commencement Information

I12S. 107 in force at 1.4.2006 for W. by S.I. 2005/3285, art. 2(2)(c)

108Information and inspectionE+W

(1)Section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority) is amended as follows.

(2)After subsection (1), insert—

(1A)The power under subsection (1) to require the provision of information includes—

(a)power to require the provision of copies of any documents or records (including medical and other personal records); and

(b)in relation to records kept by means of a computer, power to require the provision of the records in legible form.

(3)In subsection (3)—

(a)in paragraph (b), for “(other than medical records)” substitute “ (including medical and other personal records) ”; and

(b)in paragraph (d), for “employed” substitute “ working ”.

(4)In subsection (6), omit “and inspect any medical records relating to his treatment in the establishment”.

Commencement Information

I13S. 108 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

I14S. 108 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(a)

109Assembly: duties relating to childrenE+W

In section 8 of the Care Standards Act 2000 (general functions of the Assembly), at the end insert—

(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 section 5(b) and subsections (1) to (3) of this section; and

(b)any other functions exercisable by the Assembly corresponding to functions exercisable by the CSCI in relation to England.

Commencement Information

I15S. 109 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources