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

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Commencement Orders bringing provisions within this Act into force:

Section 147

SCHEDULE 9E+WPart 2: minor and consequential amendments

This schedule has no associated Explanatory Notes

Public Records Act 1958 (c. 52)E+W

1In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 of the Table at the end of paragraph 3 insert the following entries— “ Commission for Healthcare Audit and Inspection ”; “ Commission for Social Care Inspection ”.E+W

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Commencement Information

I1Sch. 9 para. 1 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I2Sch. 9 para. 1 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Public Bodies (Admission to Meetings) Act 1960 (c. 67)E+W

2In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bf) of paragraph 1 insert—E+W

(bg)the Commission for Healthcare Audit and Inspection;

(bh)the Commission for Social Care Inspection;.

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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

I3Sch. 9 para. 2 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

Parliamentary Commissioner Act 1967 (c. 13)E+W

3In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments subject to investigation), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”E+W

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Commencement Information

I4Sch. 9 para. 3 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I5Sch. 9 para. 3 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Prospective

Local Authority Social Services Act 1970 (c. 42)E+W

4In the Local Authority Social Services Act 1970, in Schedule 1, insert at the end— E+W

Health and Social Care (Community Health and Standards) Act 2003
Section 114Consideration of complaints.

Superannuation Act 1972 (c. 11)E+W

5In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of “Other Bodies” insert the following entries— “ The Commission for Healthcare Audit and Inspection. ”; “ The Commission for Social Care Inspection. ”.E+W

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Commencement Information

I6Sch. 9 para. 5 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I7Sch. 9 para. 5 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

6The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.E+W

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Commencement Information

I8Sch. 9 para. 6 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I9Sch. 9 para. 6 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

House of Commons Disqualification Act 1975 (c. 24)E+W

7In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.E+W

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Commencement Information

I10Sch. 9 para. 7 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I11Sch. 9 para. 7 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Northern Ireland Assembly Disqualification Act 1975 (c. 25)E+W

8In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection. ”; “ Commission for Social Care Inspection. ”.E+W

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Commencement Information

I12Sch. 9 para. 8 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I13Sch. 9 para. 8 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

National Health Service Act 1977 (c. 49)E+W

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Children Act 1989 (c. 41)E+W

F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Health Service Commissioners Act 1993 (c. 46)E+W

11(1)The Health Service Commissioners Act 1993 has effect subject to the following amendments.E+W

(2)In section 4(4)(a), after “can be made” insert “ under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or ”.

(3)In section 11, after subsection (1B) insert—

(1C)Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint.

(4)In section 12(1A), for “or (1C)” substitute “ (1C) or (1E) ”.

(5)In section 14, after subsection (2D) insert—

(2E)In any case where the Health Service Commissioner for England conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to any member of the House of Commons who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate);

(c)to the person or body whose maladministration is complained of;

(d)to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

(e)to the Secretary of State.

(2F)In any case where the Health Service Commissioner for England decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)to the person who made the complaint; or

(b)to any such member of the House of Commons as is mentioned in subsection (2E)(b).

(6)In section 14A, at the end insert—

(4)In any case where the Health Service Commissioner for Wales conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation—

(a)to the person who made the complaint;

(b)to any Assembly member who to the Commissioner’s knowledge assisted in the making of the complaint (or if he is no longer an Assembly member to such other member as the Commissioner thinks appropriate);

(c)to the person or body whose maladministration is complained of;

(d)to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

(e)to the Assembly First Secretary.

(5)In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons—

(a)to the person who made the complaint; or

(b)to any such member of the Assembly as is mentioned in subsection (4)(b).

(7)In section 14B—

(a)for “14A(1)”, in each place, substitute “ 14A ”, and

(b)in subsection (2), for “or (1C)” substitute “ (1C) or (1E) ”.

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Commencement Information

I14Sch. 9 para. 11 in force at 1.6.2004 by S.I. 2004/759, art. 7

Audit Commission Act 1998 (c. 18)E+W

F312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F3Sch. 9 para. 12 repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 1 Pt. 2; S.I. 2015/841, art. 3(a) (with arts. 5-8, Sch.) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Government of Wales Act 1998 (c. 38)E+W

13In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute—E+W

12AThe Commission for Healthcare Audit and Inspection.

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Commencement Information

I15Sch. 9 para. 13 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Protection of Children Act 1999 (c. 14)E+W

F414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

F4Sch. 9 para. 14 repealed (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), s. 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch. (with arts. 5-7) (as amended (30.3.2010) by S.I. 2010/1101, arts. 6-11)

Local Government Act 1999 (c. 27)E+W

15In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute—E+W

(e)the Commission for Social Care Inspection;.

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Commencement Information

I16Sch. 9 para. 15 in force at 15.1.2007 for E. by S.I. 2006/3397, art. 5

Care Standards Act 2000 (c. 14)E+W

16The Care Standards Act 2000 has effect subject to the following amendments.E+W

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Commencement Information

I17Sch. 9 para. 16 in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

I18Sch. 9 para. 16 in force at 11.3.2004 for E. by S.I. 2004/759, art. 4(1)(b)

I19Sch. 9 para. 16 in force at 1.4.2004 in so far as not already in force by S.I. 2004/759, art. 5(2)(b)

17In section 5, in paragraph (a), for “the National Care Standards Commission” substitute—E+W

(i)the CHAI, in the case of independent hospitals, independent clinics and independent medical agencies;

(ii)the CSCI, in the case of children’s homes, care homes, residential family centres, domiciliary care agencies, nurses agencies, fostering agencies, voluntary adoption agencies and adoption support agencies;.

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Commencement Information

I20Sch. 9 para. 17 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

18(1)Section 8 is amended as follows.E+W

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)At the end insert—

(6)In this section, “Part II services” means services of the kind provided by persons registered under Part II, other than the provision of—

(a)medical or psychiatric treatment, or

(b)listed services (as defined in section 2).

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Amendments (Textual)

Commencement Information

I21Sch. 9 para. 18 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

19In section 10—E+W

(a)subsection (1) is omitted; and

(b)in subsection (6)(b), for “by the Commission” substitute “ by the CHAI or the CSCI under this Act ”.

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Commencement Information

I22Sch. 9 para. 19 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

20In section 11(4), for “the Commission” substitute “ the CHAI or the CSCI ”.E+W

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Commencement Information

I23Sch. 9 para. 20 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

21In section 23(4)(d), after the second “or” insert “ against a voluntary adoption agency or adoption support agency for an offence under ”.E+W

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Commencement Information

I24Sch. 9 para. 21 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

22In section 29(1)—E+W

(a)for “the Commission”, in the first place, substitute “ the CHAI or the CSCI (as appropriate) ”, and

(b)for “the Commission”, in the second place, substitute “ either the CHAI or the CSCI ”.

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Commencement Information

I25Sch. 9 para. 22 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

23In section 31—E+W

(a)in subsection (6), for “powers” substitute “ power ”; and

(b)in subsection (7), for “the Commission” substitute “ the CHAI or the CSCI ”.

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Commencement Information

I26Sch. 9 para. 23(a) in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

I27Sch. 9 para. 23(b) in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

24In section 36A for “the Commission”, in all places, substitute “ the CSCI ”.E+W

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Commencement Information

I28Sch. 9 para. 24 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

25In section 42, at the end insert—E+W

(5)Regulations under subsection (1) made by the Secretary of State may in particular specify whether, for the purposes of the application of this Part to any person, the registration authority is to be the CHAI or the CSCI.

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Commencement Information

I29Sch. 9 para. 25 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

F626. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

27In section 51(1), for the words from “in relation to” to “registration authority” substitute “ in England in relation to which powers conferred by section 80 of the Health and Social Care (Community Health and Standards) Act 2003 may be exercised to pay to the CSCI ”.E+W

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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

I30Sch. 9 para. 27 in force at 11.3.2004 for E. by S.I. 2004/759, art. 4(1)(b)

I31Sch. 9 para. 27 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

28In section 55(3)(e)—E+W

(a)for “the Commission” substitute “ the CSCI ”;

(b)for “section 31 or 46 of this Act” substitute “ section 31 of this Act or section 88 or 98 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Annotations: Help about Annotation
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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

I32Sch. 9 para. 28 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(b)

29In section 113, after subsection (1) insert—E+W

(1A)The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that—

(a)the CHAI or the CSCI has without reasonable excuse failed to discharge, or properly to discharge, any of its functions under this Act, or

(b)in discharging any of its functions under this Act the CHAI or the CSCI has without reasonable excuse failed to comply with any directions given by him in relation to those functions.

Annotations: Help about Annotation
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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

I33Sch. 9 para. 29 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

30In section 121, in the Table in subsection (13), insert the following entries at the appropriate places— “ CHAI Section 5A ”; and “ CSCI Section 5B ”.E+W

Annotations: Help about Annotation
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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

I34Sch. 9 para. 30 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(b)

Freedom of Information Act 2000 (c. 36)E+W

31In the Freedom of Information Act 2000, in Part 6 of Schedule 1, at the appropriate places insert the following entries— “ Commission for Healthcare Audit and Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(i) of the Care Standards Act 2000. ”; “ Commission for Social Care Inspection, in respect of information held for purposes other than those of its functions exercisable by virtue of paragraph 5(a)(ii) of the Care Standards Act 2000. ”.E+W

Annotations: Help about Annotation
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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

I35Sch. 9 para. 31 in force at 1.1.2004 for specified purposes for E. by S.I. 2003/3346, art. 3(b)

I36Sch. 9 para. 31 in force at 8.1.2004 for specified purposes by S.I. 2003/3346, art. 5(b)

Adoption and Children Act 2002 (c. 38)E+W

F732. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
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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.

Amendments (Textual)

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