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Health and Social Care Act 2008

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Changes and effects

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

SCHEDULES

Section 1

SCHEDULE 1E+WThe Care Quality Commission

StatusE+W

1(1)The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.E+W

(2)The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.

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Commencement Information

I1Sch. 1 para. 1 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

General powers and dutiesE+W

2(1)The Commission may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.E+W

(2)This includes, in particular—

(a)co-operating with other public authorities in the United Kingdom,

(b)acquiring and disposing of land and other property,

(c)entering into contracts,

(d)providing training, and

(e)doing things outside (as well as within) the United Kingdom.

(3)It is the duty of the Commission to carry out its functions effectively, efficiently and economically.

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Commencement Information

I2Sch. 1 para. 2 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

MembershipE+W

3(1)The Commission is to consist of—E+W

(a)a chair appointed by the Secretary of State, F1...

(b)other members so appointed.

[F2(1A)The members appointed under sub-paragraph (1)(a) and (b)—

(a)are not employees of the Commission, and

(b)are referred to in this Schedule as the “non-executive members”.

[F3(c)a chief executive appointed by the members appointed under paragraphs (a) and (b), and

(d)other members appointed by the members appointed under paragraphs (a) and (b).]

(1B)The members appointed under sub-paragraph (1)(c) and (d)—

(a)are employees of the Commission, and

(b)are referred to in this Schedule as the “executive members”.

(1C)The number of non-executive members must exceed the number of executive members.]

(2)The Secretary of State must exercise the powers in[F4sub-paragraph (1)(a) and (b)] so as to secure that the knowledge and experience of [F5the non-executive members ] of the Commission (taken together) includes knowledge and experience relating to health care, social care and the Mental Health Act 1983 (c. 20).

(3)The Secretary of State may, in the prescribed manner, remove the chair or [F6any other non-executive member ] from office if (but only if) the Secretary of State is satisfied that the person—

(a)is unable or unfit to carry out the duties of that office,

(b)is failing to carry out those duties, or

(c)is disqualified from holding office (or was disqualified at the time of appointment).

(4)The Secretary of State may by regulations make provision as to—

(a)the appointment of the chair and [F7other non-executive members ] (including the number, or limits on the number, [F8of such members who may be appointed] be appointed and any conditions to be fulfilled for appointment), F9...

(b)subject to this paragraph of this Schedule, the tenure of office of the chair and [F10other non-executive members] (including the circumstances in which they are to cease to hold office, are disqualified from holding office or may be suspended from office).

[F11(c)the limits on the total number of members who may be appointed, and

(d)the minimum total number of members who must be appointed.]

(5)Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions in sub-paragraph (3) is or may be satisfied in relation to that person.

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Amendments (Textual)

Commencement Information

I3Sch. 1 para. 3 partly in force; Sch. 1 para. 3 in force for specified purposes at Royal Assent, see s. 170

I4Sch. 1 para. 3 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(n)(i)

[F12Chief InspectorsE+W

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Amendments (Textual)

F12Sch. 1 para. 3A and cross-heading inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 89, 127(1); S.I. 2014/2473, art. 3(d)

3A(1)The non-executive members must—E+W

(a)appoint an executive member to be the Chief Inspector of Hospitals,

(b)appoint an executive member to be the Chief Inspector of Adult Social Care, and

(c)appoint an executive member to be the Chief Inspector of General Practice.

(2)Each of those executive members is to exercise such functions of the Commission on its behalf as it determines.

(3)When exercising functions under sub-paragraph (2), an executive member must have regard to the importance of safeguarding and promoting the Commission's independence from the Secretary of State.]

[F13Remuneration and allowances for non-executive members ]E+W

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Amendments (Textual)

4(1)The Commission must pay to its chair, or to [F14any other non-executive member ], such remuneration and allowances as the Secretary of State may determine.E+W

(2)If the Secretary of State so determines, the Commission must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chair or [F15any other non-executive member ] of the Commission.

(3)If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chair of the Commission to receive compensation, the Commission must—

(a)pay to that person, or

(b)make provision for the payment to that person of,

such compensation as the Secretary of State may determine.

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Amendments (Textual)

Commencement Information

I5Sch. 1 para. 4 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

EmployeesE+W

5F16(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

(2)The Commission may appoint [F17 such employees (in addition to the executive members appointed by the non-executive members)] as it considers appropriate.

(3)Employees of the Commission are to be appointed on such terms and conditions as the Commission may determine.

(4)Without prejudice to its other powers, the Commission may pay, or make provision for the payment of—

(a)pensions, allowances and gratuities, or

(b)compensation for loss of employment or reduction of remuneration,

to or in respect of its employees.

[F18(5)Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter.]

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Amendments (Textual)

F18Sch. 1 para. 5(5) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 292, 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Commencement Information

I6Sch. 1 para. 5 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(i)

ProcedureE+W

6(1)The Commission must appoint an advisory committee (“the advisory committee”) for the purpose of giving advice or information to it about matters connected with its functions.E+W

[F19(1A)A committee of the Commission known as “the Healthwatch England committee” is to be appointed in accordance with regulations.

(1B)The purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act.]

(2)In considering how to exercise its functions, the Commission must have regard to relevant advice and information given to it by the advisory committee (whether or not given at its request).

(3)The Commission may appoint such other committees and sub-committees as it thinks fit.

(4)The advisory committee and any committee or sub-committee appointed under sub-paragraph (3) may consist of or include persons who are not members of the Commission.

(5)The advisory committee must include persons of a prescribed description.

[F20(5A)Regulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission.

(5B)Regulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure.

(5C)Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a)eligibility for appointment;

(b)procedures for selecting or proposing persons for appointment.

(5D)Regulations under sub-paragraph (1A) may, in particular, make provision as to—

(a)the removal or suspension of members of the committee;

(b)the payment of remuneration and allowances to members.]

(6)The Commission may pay such remuneration and allowances as it thinks fit to persons who—

(a)are members of its committees and sub-committees, but

(b)are not members of the Commission.

(7)The Commission may in all other respects regulate its own procedure.

(8)The validity of proceedings of the Commission is not affected—

(a)by any vacancy in its membership,

(b)by any defect in the appointment of a member, or

(c)by any person—

(i)acting as a member even though ineligible for appointment when purportedly appointed, or

(ii)acting as a member after having ceased to be a member.

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Amendments (Textual)

F19Sch. 1 para. 6(1A)(1B) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 181(2), 306(1)(d), (4); S.I. 2012/1831, art. 2(2)

F20Sch. 1 para. 6(5A)-(5D) inserted (27.3.2012 for specified purposes, 1.10.2012 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 181(3), 306(1)(d), (4); S.I. 2012/1831, art. 2(2)

Commencement Information

I7Sch. 1 para. 6 partly in force; Sch. 1 para. 6 in force for specified purposes at Royal Assent, see s. 170

I8Sch. 1 para. 6(1)(2)(5) in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 2

I9Sch. 1 para. 6(3) Sch. 1 para. 6(6)-(8) in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(n)(ii)

I10Sch. 1 para. 6(4) in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(n)(iii)

I11Sch. 1 para. 6(4) in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 2

Exercise of functionsE+W

7(1)The Commission may arrange for—E+W

(a)any of its committees, sub-committees, members or employees, or

(b)any other person,

to exercise any of its functions on its behalf.

(2)If the Commission arranges for the exercise of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, any such person.

(3)The reference in sub-paragraph (1) to any of the Commission's committees does not include the advisory committee.

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Commencement Information

I12Sch. 1 para. 7(1)(2) in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(v)

I13Sch. 1 para. 7(3) in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 2

AssistanceE+W

8(1)The Commission may arrange for such persons as it thinks fit to assist it in the exercise of any of its functions in relation to—E+W

(a)a particular case, or

(b)cases of a particular description.

(2)Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

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Commencement Information

I14Sch. 1 para. 8 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(vi)

Payments and loans to the CommissionE+W

9(1)The Secretary of State may make payments to the Commission of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.E+W

(2)The Secretary of State may, with the approval of the Treasury, lend money to the Commission on such terms (including terms as to repayment and interest) as the Secretary of State may determine.

(3)Except as provided by sub-paragraph (2), the Commission has no power to borrow money.

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Commencement Information

I15Sch. 1 para. 9 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(vi)

AccountsE+W

10(1)The Commission must keep accounts in such form as the Secretary of State may determine.E+W

(2)The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.

(3)The Commission must send copies of the annual accounts to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.

(4)The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts, and of the report on them, before Parliament.

(5)In this paragraph “financial year” means—

(a)the period beginning with the day on which the Commission is established and ending with the next 31 March following that day, and

(b)each successive period of 12 months ending with 31 March.

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Commencement Information

I16Sch. 1 para. 10 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(vi)

Seal and evidenceE+W

11The application of the seal of the Commission must be authenticated by the signature—E+W

(a)of any member of the Commission, or

(b)of any other person who has been authorised by the Commission (whether generally or specifically) for that purpose.

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Commencement Information

I17Sch. 1 para. 11 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(vi)

12A document—E+W

(a)purporting to be duly executed under the seal of the Commission, or

(b)purporting to be signed on behalf of the Commission,

is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

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Commencement Information

I18Sch. 1 para. 12 in force at 1.10.2008 by S.I. 2008/2497, art. 2(n)(vi)

Section 6

SCHEDULE 2E+WTransfers of property and staff etc.

Transfer schemesE+W

1(1)The Secretary of State may make one or more transfer schemes for—E+W

(a)the transfer of property, rights and liabilities of the Commission for Healthcare Audit and Inspection to the Care Quality Commission or the Crown;

(b)the transfer of property, rights and liabilities of the Commission for Social Care Inspection to the Care Quality Commission or the Crown;

(c)the transfer of property, rights and liabilities of the Mental Health Act Commission—

(i)to the Care Quality Commission or the Welsh Ministers, or

(ii)to the Crown;

(d)the transfer of property, rights and liabilities of the Crown to the Care Quality Commission.

(2)The property, rights and liabilities which may be the subject of a scheme include—

(a)any that would otherwise be incapable of being transferred or assigned,

(b)rights and liabilities under a contract of employment, and

(c)criminal liabilities.

(3)A scheme under this paragraph may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).

(4)A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme.

(5)A scheme under this paragraph may include supplementary, incidental, transitional and consequential provision.

(6)The Secretary of State may not make a scheme under this paragraph for the transfer of property, rights or liabilities to the Welsh Ministers unless the scheme is made with the consent of the Welsh Ministers.

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Commencement Information

I19Sch. 2 para. 1 in force at 1.10.2008 by S.I. 2008/2497, art. 2(o)

TransferE+W

2The property, rights and liabilities which are the subject of a scheme under paragraph 1 are, by virtue of this paragraph, transferred on the day appointed by the scheme in accordance with the provisions of the scheme.E+W

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Commencement Information

I20Sch. 2 para. 2 in force at 1.10.2008 by S.I. 2008/2497, art. 2(o)

EmploymentE+W

3The transfer by paragraph 2 of the rights and liabilities relating to an individual's contract of employment does not break the continuity of the individual's employment and, accordingly—E+W

(a)the individual is not to be regarded for the purposes of Part 2 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and

(b)the individual's period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.

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Commencement Information

I21Sch. 2 para. 3 in force at 1.10.2008 by S.I. 2008/2497, art. 2(o)

4(1)Paragraph 2 does not operate to transfer the rights and liabilities under an individual's contract of employment if, before the transfer takes effect, the individual informs the transferor or transferee that the individual objects to the transfer.E+W

(2)Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), the individual's contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but the individual is not, for any purpose, to be regarded as having been dismissed by the transferor.

(3)This paragraph is without prejudice to any right of an individual employed by a transferor to terminate the individual's contract of employment if (apart from the change of employer) a substantial change is made to the individual's detriment in the individual's working conditions.

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Commencement Information

I22Sch. 2 para. 4 in force at 1.10.2008 by S.I. 2008/2497, art. 2(o)

TransitionalE+W

5(1)Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 2 which is in effect immediately before it is transferred is to be treated as if done by or in relation to the transferee.E+W

(2)There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

(3)A reference to the transferor in any document relating to anything so transferred is to be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.

(4)A transfer under paragraph 2 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

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Commencement Information

I23Sch. 2 para. 5 in force at 1.10.2008 by S.I. 2008/2497, art. 2(o)

Section 52

SCHEDULE 3E+WAmendments of Mental Health Act 1983

1In this Schedule “the MHA” means the Mental Health Act 1983 (c. 20).E+W

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Commencement Information

2In section 57 of the MHA (treatment requiring consent and a second opinion), in subsection (2)(a), for “the Secretary of State” (in both places) substitute “ the regulatory authority ”.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

3In section 58 of the MHA (treatment requiring consent or a second opinion), in subsection (3)(a), for “the Secretary of State” substitute “ the regulatory authority ”.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

4(1)Section 61 of the MHA (review of treatment) is amended as follows.E+W

(2)For “the Secretary of State” (wherever occurring) substitute “ the regulatory authority ”.

(3)In subsection (3), after “to him” insert “ (whether in England or Wales) ”.

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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

5In section 64H of the MHA (certificates: supplementary provision), in subsections (4) and (5), for “appropriate national authority” substitute “ regulatory authority ”.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

6(1)Section 118 of the MHA (code of practice) is amended as follows.E+W

(2)In subsection (2), for “appointed for the purposes of this section by the Secretary of State” substitute “ appointed for the purposes of this section by the regulatory authority ”.

(3)After subsection (6) insert—

(7)The Care Quality Commission may at any time make proposals to the Secretary of State as to the content of the code of practice which the Secretary of State must prepare, and from time to time revise, under this section in relation to England.

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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

7(1)Section 119 of the MHA (practitioners approved for Part 4 and section 118) is amended as follows.E+W

(2)In subsection (1)—

(a)for “The Secretary of State” substitute “ The regulatory authority ”,

(b)for “he” substitute “ it ”, and

(c)for “by him” substitute “ by the authority ”.

(3)In subsection (2), omit “by the Secretary of State”.

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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

8For section 120 of the MHA substitute—E+W

120General protection of relevant patients

(1)The regulatory authority must keep under review and, where appropriate, investigate the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or their reception into guardianship or to relevant patients.

(2)Relevant patients are—

(a)patients liable to be detained under this Act,

(b)community patients, and

(c)patients subject to guardianship.

(3)The regulatory authority must make arrangements for persons authorised by it to visit and interview relevant patients in private—

(a)in the case of relevant patients detained under this Act, in the place where they are detained, and

(b)in the case of other relevant patients, in hospitals and regulated establishments and, if access is granted, other places.

(4)The regulatory authority must also make arrangements for persons authorised by it to investigate any complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a patient who is or has been detained under this Act or who is or has been a relevant patient.

(5)The arrangements made under subsection (4)—

(a)may exclude matters from investigation in specified circumstances, and

(b)do not require any person exercising functions under the arrangements to undertake or continue with any investigation where the person does not consider it appropriate to do so.

(6)Where any such complaint as is mentioned in subsection (4) is made by a Member of Parliament or a member of the National Assembly for Wales, the results of the investigation must be reported to the Member of Parliament or member of the Assembly.

(7)For the purposes of a review or investigation under subsection (1) or the exercise of functions under arrangements made under this section, a person authorised by the regulatory authority may at any reasonable time—

(a)visit and interview in private any patient in a hospital or regulated establishment,

(b)if the authorised person is a registered medical practitioner or approved clinician, examine the patient in private there, and

(c)require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained under this Act or who is or has been a community patient or a patient subject to guardianship.

(8)The regulatory authority may make provision for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any review or investigation for which it is responsible under subsection (1) or functions under arrangements made by it under this section.

(9)In this section “regulated establishment” means—

(a)an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or

(b)premises used for the carrying on of a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008) in respect of which a person is registered under Chapter 2 of that Part.

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Commencement Information

9After section 120 of the MHA insert—E+W

120AInvestigation reports

(1)The regulatory authority may publish a report of a review or investigation carried out by it under section 120(1).

(2)The Secretary of State may by regulations make provision as to the procedure to be followed in respect of the making of representations to the Care Quality Commission before the publication of a report by the Commission under subsection (1).

(3)The Secretary of State must consult the Care Quality Commission before making any such regulations.

(4)The Welsh Ministers may by regulations make provision as to the procedure to be followed in respect of the making of representations to them before the publication of a report by them under subsection (1).

120BAction statements

(1)The regulatory authority may direct a person mentioned in subsection (2) to publish a statement as to the action the person proposes to take as a result of a review or investigation under section 120(1).

(2)The persons are—

(a)the managers of a hospital within the meaning of Part 2 of this Act;

(b)a local social services authority;

(c)persons of any other description prescribed in regulations.

(3)Regulations may make further provision about the content and publication of statements under this section.

(4)Regulations” means regulations made—

(a)by the Secretary of State, in relation to England;

(b)by the Welsh Ministers, in relation to Wales.

120CProvision of information

(1)This section applies to the following persons—

(a)the managers of a hospital within the meaning of Part 2 of this Act;

(b)a local social services authority;

(c)persons of any other description prescribed in regulations.

(2)A person to whom this section applies must provide the regulatory authority with such information as the authority may reasonably request for or in connection with the exercise of its functions under section 120.

(3)A person to whom this section applies must provide a person authorised under section 120 with such information as the person so authorised may reasonably request for or in connection with the exercise of functions under arrangements made under that section.

(4)This section is in addition to the requirements of section 120(7)(c).

(5)Information” includes documents and records.

(6)Regulations” means regulations made—

(a)by the Secretary of State, in relation to England;

(b)by the Welsh Ministers, in relation to Wales.

120DAnnual reports

(1)The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act.

(2)The report must be published as soon as possible after the end of each financial year.

(3)The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament.

(4)The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales.

(5)In this section “financial year” means—

(a)the period beginning with the date on which section 52 of the Health and Social Care Act 2008 comes into force and ending with the next 31 March following that date, and

(b)each successive period of 12 months ending with 31 March.

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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. 3 para. 9 partly in force; Sch. 3 para. 9 in force for specified purposes at Royal Assent, see s. 170

I33Sch. 3 para. 9 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 33 (with art. 11, Sch. 4)

10In section 129 of the MHA (obstruction), in subsection (1), after paragraph (c) insert—E+W

(ca)fails to comply with a request made under section 120C; or.

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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

11(1)Section 134 of the MHA (correspondence of patients) is amended as follows.E+W

(2)In subsection (3), after paragraph (c) insert—

(ca)the Care Quality Commission;.

(3)In subsection (6), for “section 121(7) and (8) above” substitute “ section 134A(1) to (4) ”.

(4)In subsection (9), after “this section” insert “ and section 134A ”.

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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

12After section 134 of the MHA insert—E+W

134AReview of decisions to withhold correspondence

(1)The regulatory authority must review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 if an application for a review of the decision is made—

(a)in a case under subsection (1)(b) of that section, by the patient; or

(b)in a case under subsection (2) of that section, either by the patient or by the person by whom the postal packet was sent.

(2)An application under subsection (1) must be made within 6 months of receipt by the applicant of the notice referred to in section 134(6).

(3)On an application under subsection (1), the regulatory authority may direct that the postal packet (or anything contained in it) is not to be withheld.

(4)The managers of the hospital concerned must comply with any such direction.

(5)The Secretary of State may by regulations make provision in connection with the making to and determination by the Care Quality Commission of applications under subsection (1), including provision for the production to the Commission of any postal packet which is the subject of such an application.

(6)The Welsh Ministers may by regulations make provision in connection with the making to them of applications under subsection (1), including provision for the production to them of any postal packet which is the subject of such an application.

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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

I36Sch. 3 para. 12 partly in force; Sch. 3 para. 12 in force for specified purposes at Royal Assent, see s. 170

I37Sch. 3 para. 12 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 33 (with art. 11, Sch. 4)

13In section 145 of the MHA (general interpretation), in subsection (1), insert at the appropriate place—E+W

the regulatory authority” means—

(a)in relation to England, the Care Quality Commission;

(b)in relation to Wales, the Welsh Ministers;.

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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

Section 66

SCHEDULE 4E+WInteraction with other authorities

Part 1 E+WInterpretation

Inspection authoritiesE+W

1(1)In this Schedule references to inspection authorities are to be read in accordance with sub-paragraph (2) or (3), as the case may be.E+W

(2)For the purposes of paragraph 5 or 6 the inspection authorities are—

(a)Her Majesty's Chief Inspector of Prisons,

(b)Her Majesty's Chief Inspector of Constabulary,

(c)Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d)Her Majesty's Chief Inspector of the National Probation Service for England and Wales, [F21, and]

F22(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)Her Majesty's Chief Inspector of Education, Children's Services and Skills, and

F23(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)For the purposes of paragraph 7 the inspection authorities are—

(a)Her Majesty's Chief Inspector of Prisons,

(b)Her Majesty's Inspectors of Constabulary,

(c)Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d)Her Majesty's Inspectorate of the National Probation Service for England and Wales, [F24, and ]

F25(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)Her Majesty's Chief Inspector of Education, Children's Services and Skills, and

F26(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I39Sch. 4 para. 1 in force at 1.10.2008 by S.I. 2008/2497, art. 2(p)(i)

Inspection functionsE+W

2In this Schedule “inspection functions” means functions relating to, or connected with, inspections carried out by the Commission under section 60.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

Public authoritiesE+W

3(1)In this Schedule “public authority”—E+W

(a)includes any person certain of whose functions are functions of a public nature, but

(b)does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(2)Subject to paragraph 9(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom.

(3)In relation to a particular act, a person is not a public authority by virtue of sub-paragraph (1) if the nature of the act is private.

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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

I41Sch. 4 para. 3 in force at 1.10.2008 by S.I. 2008/2497, art. 2(p)(ii)

Part 2 E+WExercise of functions

Delegation of inspection functions to public authoritiesE+W

4(1)The Commission may delegate any of its inspection functions (to such extent as it may determine) to another public authority.E+W

(2)If the carrying out of an inspection is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Commission.

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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

Inspection programmes and inspection frameworksE+W

5(1)The Commission must from time to timeF27... prepare—E+W

(a)a document setting out what inspections it proposes to carry out (an “inspection programme”), and

(b)a document setting out the manner in which it proposes to exercise its functions of inspecting and reporting (an “inspection framework”).

(2)Before preparing an inspection programme or an inspection framework the Commission must consult—

(a)the Secretary of State,

(b)the inspection authorities, and

(c)any other person or body specified by an order made by the Secretary of State,

and it must send to each of those persons or bodies a copy of each programme or framework once it is prepared.

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Commission may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of sub-paragraph (1)(b) (so long as any requirements applying under or by virtue of this paragraph are complied with in relation to the document or documents concerned).

(5)Nothing in any inspection programme or inspection framework is to be read as preventing the Commission from making visits without notice.

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Amendments (Textual)

Commencement Information

I43Sch. 4 para. 5 partly in force; Sch. 4 para. 5 in force for specified purposes at Royal Assent, see s. 170

I44Sch. 4 para. 5 in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(p)(iii)

I45Sch. 4 para. 5 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 29 (with Pt. 3)

Inspections by other inspectors of activities within Commission's remitE+W

6(1)If—E+W

(a)a specified inspector is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b)the Commission considers that the proposed inspection would impose an unreasonable burden on the specified organisation, or would do so if carried out in a particular way,

the Commission must, subject to sub-paragraph (6), give a notice to the specified inspector requiring the inspector not to carry out the proposed inspection, or not to carry it out in that way.

(2)In this paragraph “specified inspector” means—

(a)an inspection authority, or

(b)any other person or body specified by order made by the Secretary of State.

(3)In this paragraph “specified organisation” means a person or body specified by order made by the Secretary of State.

(4)A person or body may be specified under sub-paragraph (3) in relation to particular functions or particular activities.

(5)In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge by that person or body of any of the functions, or the carrying on by that person or body of any of the activities, in relation to which it is specified.

(6)The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(7)Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice; but this is subject to sub-paragraph (8).

(8)The Secretary of State, if satisfied that the proposed inspection—

(a)would not impose an unreasonable burden on the specified organisation in question, or

(b)would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(9)The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—

(a)provision about the form of notices;

(b)provision prescribing the period within which notices are to be given;

(c)provision prescribing circumstances in which notices are, or are not, to be made public;

(d)provision for revising or withdrawing notices;

(e)provision for setting aside notices not validly given.

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Commencement Information

I46Sch. 4 para. 6 partly in force; Sch. 4 para. 6 in force for specified purposes at Royal Assent, see s. 170

I47Sch. 4 para. 6 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 34(c)

Co-operationE+W

7The Commission must co-operate with—E+W

(a)the inspection authorities, and

(b)any other public authority specified by order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective exercise of the Commission's functions.

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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

I48Sch. 4 para. 7 in force at 1.10.2008 by S.I. 2008/2497, art. 2(p)(iv)

Joint actionE+W

8(1)The Commission may act jointly with another public authority where it is appropriate to do so for the efficient and effective exercise of the Commission's functions.E+W

(2)Sub-paragraph (1) is without prejudice to any other power the Commission may have to act jointly with another public authority.

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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

I49Sch. 4 para. 8 in force at 1.10.2008 by S.I. 2008/2497, art. 2(p)(iv)

Advice or assistance for other public authoritiesE+W

9(1)The Commission may, if it thinks it appropriate to do so, provide advice or assistance to another public authority for the purpose of the exercise by that authority of that authority's functions.E+W

[F29(1A)The Commission may do anything it thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).]

[F30(2)Anything done under this paragraph may be done on such terms, including terms as to payment, as the Commission thinks fit.]

(3)In this paragraph the reference to another public authority includes a public authority in the Channel Islands or the Isle of Man.

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Amendments (Textual)

Commencement Information

I50Sch. 4 para. 9 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 34(d)

Inspections carried out under arrangementsE+W

10(1)The Commission may make arrangements with—E+W

(a)an inspection authority, or

(b)any other public authority specified by order made by the Secretary of State,

to carry out, on behalf of the authority, inspections in England of any institution or matter which the Commission is not required or authorised to carry out by virtue of any other enactment.

(2)Inspections under this paragraph may be carried out on such terms, including terms as to payment, as the Commission thinks fit.

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Commencement Information

Section 95

SCHEDULE 5E+WFurther amendments relating to Part 1

Part 1 E+WAmendments of Care Standards Act 2000

1In this Part of this Schedule “the 2000 Act” means the Care Standards Act 2000 (c. 14).E+W

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Commencement Information

2(1)Section 1 of the 2000 Act (children's homes) is amended as follows.E+W

(2)In subsection (4), after “establishment” insert “ in Wales ”.

(3)After that subsection insert—

(4A)An establishment in England is not a children's home if it is—

(a)a hospital (within the meaning of the National Health Service Act 2006); or

(b)a residential family centre,

or if it is of a description excepted by regulations.

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Commencement Information

I53Sch. 5 para. 2 partly in force; Sch. 5 para. 2 in force for specified purposes at Royal Assent, see s. 170

I54Sch. 5 para. 2 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

3In section 2 of the 2000 Act (independent hospitals etc), in subsection (1), after “this Act” insert “ as it applies in relation to Wales ”.E+W

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Commencement Information

I55Sch. 5 para. 3 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

4(1)Section 3 of the 2000 Act (care homes) is amended as follows.E+W

(2)In subsection (3), after “establishment” insert “ in Wales ”.

(3)After that subsection insert—

(4)And an establishment in England is not a care home if it is—

(a)a hospital (within the meaning of the National Health Service Act 2006); or

(b)a children's home,

or if it is of a description excepted by regulations.

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Commencement Information

I56Sch. 5 para. 4 partly in force; Sch. 5 para. 4 in force for specified purposes at Royal Assent, see s. 170

I57Sch. 5 para. 4 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

5(1)Section 4 of the 2000 Act (other basic definitions) is amended as follows.E+W

(2)In subsection (8), for paragraph (a) substitute—

(a)any reference to a description of establishment is a reference to—

(i)a children's home,

(ii)a children's home providing accommodation for the purpose of restricting liberty,

(iii)an independent hospital in Wales,

(iv)an independent hospital in Wales in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 1983,

(v)an independent clinic in Wales,

(vi)a care home in Wales, or

(vii)a residential family centre;.

(3)For subsection (9) substitute—

(9)Below in this Act—

(a)any reference to a description of agency is a reference to—

(i)an independent medical agency in Wales or, where the activities of an independent medical agency are carried on from two or more branches, a branch in Wales of an independent medical agency,

(ii)a domiciliary care agency in Wales or, where the activities of a domiciliary care agency are carried on from two or more branches, a branch in Wales of a domiciliary care agency,

(iii)a nurses agency in Wales or, where the activities of a nurses agency are carried on from two or more branches, a branch in Wales of a nurses agency,

(iv)a fostering agency or, where the activities of a fostering agency are carried on from two or more branches, a branch of a fostering agency,

(v)a voluntary adoption agency, or

(vi)an adoption support agency or, where the activities of an adoption support agency are carried on from two or more branches, a branch of an adoption support agency;

(b)a reference to any agency is a reference to an agency or branch of any of those descriptions.

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Commencement Information

I58Sch. 5 para. 5 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

6(1)Section 5 of the 2000 Act (registration authorities) is amended as follows.E+W

(2)In subsection (1)—

(a)for paragraph (a) substitute—

(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”);, and

(b)in paragraph (b) for “in relation to Wales” substitute “ in any other case ”.

(3)After subsection (1) insert—

(1A)The establishments and agencies 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.

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Commencement Information

I59Sch. 5 para. 6 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

7Omit section 5A (general duties of Commission for Healthcare Audit and Inspection) and section 5B (general duties of Commission for Social Care Inspection) of the 2000 Act.E+W

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Commencement Information

8(1)Section 8 of the 2000 Act (general functions of the Welsh Ministers) is amended as follows.E+W

(2)For subsection (3A) substitute—

(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).

(3)In subsection (6)(b)(i), for “the CSCI” substitute “ the Care Quality Commission ”.

(4)In subsection (7), omit the words from “, other than” to the end.

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Commencement Information

9In section 10 of the 2000 Act (inquiries), omit subsection (6).E+W

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Commencement Information

10In section 11 of the 2000 Act (requirement to register)—E+W

(a)omit subsection (2),

(b)in subsection (3), for “subsections (1) and (2)” substitute “ subsection (1) ”, and

(c)in subsection (4), omit “the CHAI, the CSCI or”.

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Commencement Information

I63Sch. 5 para. 10 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

11In section 12 of the 2000 Act (applications for registration), in subsection (2), for the words from “the amount determined” to the end substitute “ the prescribed amount ”.E+W

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Commencement Information

I64Sch. 5 para. 11 in force at 2.11.2009 for specified purposes for E. by S.I. 2009/2862, art. 2(a)

I65Sch. 5 para. 11 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

12In section 14 of the 2000 Act (cancellation of registration), in subsection (2), after paragraph (e) insert—E+W

(f)an offence under Part 1 of the Health and Social Care Act 2008 or regulations made under that Part.

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Commencement Information

I66Sch. 5 para. 12 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

13After section 14 of the 2000 Act insert—E+W

14ASuspension of registration

(1)The Welsh Ministers may at any time suspend for a specified period the registration of a person in respect of an establishment or agency for which the Welsh Ministers are the registration authority.

(2)Except where the Welsh Ministers give notice under section 20B, the power conferred by subsection (1) is exercisable only on the ground that the establishment or agency is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements.

(3)The suspension of a person's registration does not affect the continuation of the registration (but see sections 24A and 26 as to offences).

(4)A period of suspension may be extended under subsection (1) on one or more occasions.

(5)Reference in this Part to the suspension of a person's registration is to suspension under this section, and related expressions are to be read accordingly.

(6)In this section “relevant requirements” has the same meaning as in section 14.

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Commencement Information

I67Sch. 5 para. 13 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(e)

I68Sch. 5 para. 13 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

14In section 15 of the 2000 Act (applications by registered persons)—E+W

(a)in subsection (1), at the end of paragraph (b) insert ; or

(c)for the cancellation of, or the variation of the period of, any suspension of the registration.,

(b)in subsection (3)—

(i)after “(a)” insert “ or (c) ”, and

(ii)for the words from “a fee of—” to the end substitute “ a fee of the prescribed amount ”,

(c)after subsection (4) insert—

(4A)If the Welsh Ministers decide to grant an application under subsection (1)(c), they must serve notice in writing of their decision on the applicant (stating, where applicable, the period as varied)., and

(d)for subsection (5) substitute—

(5)If different amounts are prescribed under subsection (3), the regulations may provide for the appropriate Minister to determine which amount is payable in a particular case.

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Commencement Information

I69Sch. 5 para. 14(a)(b)(i)(c) in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(f)

I70Sch. 5 para. 14(b)(ii) in force at 2.11.2009 for specified purposes for E. by S.I. 2009/2862, art. 2(b)

I71Sch. 5 para. 14(b)(ii) in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

I72Sch. 5 para. 14(d) in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

15In section 16 of the 2000 Act (regulations about registration), in subsection (3), for the words from “an annual fee—” to the end substitute “ an annual fee of the prescribed amount ”.E+W

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Commencement Information

I73Sch. 5 para. 15 in force at 2.11.2009 for specified purposes for E. by S.I. 2009/2862, art. 2(c)

I74Sch. 5 para. 15 in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

16In section 17 of the 2000 Act (notice of proposals)—E+W

(a)in subsection (4), after “section 20” insert “ or 20A or gives notice under section 20B ”,

(b)after paragraph (a) of that subsection insert—

(aa)to suspend the registration or extend a period of suspension;, and

(c)in subsection (5), after “(a)” insert “ or (c) ”.

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Commencement Information

I75Sch. 5 para. 16(a) in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

I76Sch. 5 para. 16(b)(c) in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(g)

17In section 19 of the 2000 Act (notice of decisions), in subsection (4)—E+W

(a)omit the word “and” at the end of paragraph (b), and

(b)after that paragraph insert—

(ba)in the case of a decision to adopt a proposal under section 17(4)(aa), state the period (or extended period) of suspension; and.

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Commencement Information

18(1)Section 20 of the 2000 Act (urgent procedure for cancellation etc) is amended as follows.E+W

(2)In subsection (1)—

(a)after “If” insert “ in respect of an establishment or agency for which the CIECSS is the registration authority ”,

(b)in paragraph (a), for “the registration authority” substitute “ the CIECSS ”, and

(c)in sub-paragraph (i) of that paragraph, for “an” substitute “ the ”.

(3)In subsection (3), for “the registration authority” substitute “ the CIECSS ”.

(4)In subsection (5), for “the registration authority” substitute “ the CIECSS ”.

(5)For subsection (6) substitute—

(6)For the purposes of this section the appropriate authorities are—

(a)the local authority in whose area the establishment or agency is situated; and

(b)any other statutory authority whom the CIECSS thinks it appropriate to notify.

(6)Accordingly, for the heading of section 20 substitute “ Urgent procedure for cancellation, variation etc: England ”

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Commencement Information

I78Sch. 5 para. 18 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

19After section 20 of the 2000 Act insert—E+W

20AUrgent procedure for cancellation: Wales

(1)If in respect of an establishment or agency for which the Welsh Ministers are the registration authority—

(a)the Welsh Ministers apply to a justice of the peace for an order cancelling the registration of a person in respect of the establishment or agency, and

(b)it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,

the justice may make the order, and the cancellation has effect from the time when the order is made.

(2)An application under subsection (1) may, if the justice thinks fit, be made without notice.

(3)As soon as practicable after the making of an application under this section, the Welsh Ministers must notify the appropriate authorities of the making of the application.

(4)An order under subsection (1) is to be in writing.

(5)Where such an order is made, the Welsh Ministers must, as soon as practicable after the making of the order, serve on the person registered in respect of the establishment or agency—

(a)a copy of the order, and

(b)notice of the right of appeal conferred by section 21.

(6)For the purposes of this section the appropriate authorities are—

(a)the local authority in whose area the establishment or agency is situated,

(b)the Local Health Board in whose area the establishment or agency is situated, and

(c)any statutory authority not falling within paragraph (a) or (b) whom the Welsh Ministers think it appropriate to notify.

(7)In this section “statutory authority” has the same meaning as in section 20.

20BUrgent procedure for suspension or variation etc: Wales

(1)Subsection (2) applies where—

(a)a person is registered under this Part in respect of an establishment or agency for which the Welsh Ministers are the registration authority, and

(b)the Welsh Ministers have reasonable cause to believe that unless they act under this section any person will or may be exposed to the risk of harm.

(2)Where this subsection applies, the Welsh Ministers may, by giving notice in writing under this section to the person registered in respect of the establishment or agency, provide for any decision of the Welsh Ministers that is mentioned in subsection (3) to take effect from the time when the notice is given.

(3)Those decisions are—

(a)a decision under section 13(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

(b)a decision under section 14A to suspend the registration or extend the period of suspension.

(4)The notice must—

(a)state that it is given under this section,

(b)state the Welsh Ministers' reasons for believing that the circumstances fall within subsection (1)(b),

(c)specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

(d)explain the right of appeal conferred by section 21.

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Commencement Information

I79Sch. 5 para. 19 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

20(1)Section 21 of the 2000 Act (appeals to the Tribunal) is amended as follows.E+W

(2)In subsection (1)(b), after “20” insert “ or 20A ”.

(3)In subsection (3), after “authority” insert “ , other than a decision to which a notice under section 20B relates, ”.

(4)After subsection (4) insert—

(4ZA)On an appeal against a decision to which a notice under section 20B relates, the Tribunal may confirm the decision or direct that it shall cease to have effect.

(5)In subsection (5)—

(a)omit the word “or” at the end of paragraph (b), and

(b)after paragraph (c) insert ; or

(d)to vary the period of any suspension.

(6)After subsection (5) insert—

(6)Subsection (1) does not apply to a decision of the Welsh Ministers under section 30ZA (penalty notices).

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Commencement Information

I80Sch. 5 para. 20(1) in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(i)

I81Sch. 5 para. 20(1) in force at 1.10.2010 in so far as not already in force by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

21In section 22 of the 2000 Act (regulation of establishments and agencies), in subsection (7)(i), for the words from “a fee of—” to the end substitute “ a fee of the prescribed amount; ”.E+W

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Commencement Information

I84Sch. 5 para. 21 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

22After section 24 of the 2000 Act insert—E+W

24AOffences relating to suspension

(1)If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

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Commencement Information

23In section 26 of the 2000 Act (false descriptions of establishments and agencies), after subsection (1) insert—E+W

(1A)If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.

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Commencement Information

24In section 29 of the 2000 Act (proceedings for offences)—E+W

(a)for subsection (1) substitute—

(1)Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than the CIECSS or the Welsh Ministers.,

(b)in subsection (2), for “a period of six months” substitute “ the permitted period ”, and

(c)after subsection (2) insert—

(3)The permitted period” means—

(a)in the case of proceedings brought by the Welsh Ministers, a period of 12 months;

(b)in any other case, a period of 6 months.

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Commencement Information

I87Sch. 5 para. 24(a) in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

25After section 30 of the 2000 Act insert—E+W

Penalty noticesE+W

30ZAPenalty notices

(1)Where the Welsh Ministers are satisfied that a person has committed a fixed penalty offence, they may give the person a penalty notice in respect of the offence.

(2)A fixed penalty offence is any relevant offence which—

(a)relates to an establishment or agency for which the Welsh Ministers are the registration authority, and

(b)is prescribed for the purposes of this section.

(3)A relevant offence is—

(a)an offence under this Part or under regulations made under this Part, or

(b)an offence under regulations made under section 9 of the Adoption and Children Act 2002.

(4)A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.

(5)Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.

(6)Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays the penalty in accordance with the notice.

(7)Penalties under this section are payable to the Welsh Ministers.

(8)In this section “prescribed” means prescribed by regulations made by the Welsh Ministers.

30ZBPenalty notices: supplementary provision

(1)The Welsh Ministers may by regulations make—

(a)provision as to the form and content of penalty notices,

(b)provision as to the monetary amount of the penalty and the time by which it is to be paid,

(c)provision determining the methods by which penalties may be paid,

(d)provision as to the records to be kept in relation to penalty notices,

(e)provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

(i)repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

(ii)prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,

(f)provision for a certificate—

(i)purporting to be signed by or on behalf of a prescribed person, and

(ii)stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

(g)provision as to action to be taken if a penalty is not paid in accordance with a penalty notice, and

(h)such other provision in relation to penalties or penalty notices as the Welsh Ministers think necessary or expedient.

(2)Regulations under subsection (1)(b)—

(a)may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

(b)must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction.

(3)In this section—

  • penalty” means a penalty under a penalty notice;

  • penalty notice” has the meaning given by section 30ZA(4).

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Commencement Information

I89Sch. 5 para. 25 partly in force; Sch. 5 para. 25 in force for specified purposes at Royal Assent, see s. 170

I90Sch. 5 para. 25 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(l)

26(1)In section 30A of the 2000 Act (notification of matters relating to persons carrying on or managing certain establishments or agencies), inserted by the Children and Young Persons Act 2008, subsection (2) is amended as follows.E+W

(2)After paragraph (a) insert—

(aa)has decided to adopt a proposal under section 17(4)(aa) to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,

(ab)has given a notice under section 20B to suspend the registration of P in respect of the establishment or agency or to extend any such suspension,.

(3)Omit the word “or” at the end of paragraph (b).

(4)At the end of paragraph (c) insert or

(d)has given P a penalty notice under section 30ZA in respect of an offence which it alleges P committed in relation to the establishment or agency and P has paid the penalty in accordance with the notice,.

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Commencement Information

I91Sch. 5 para. 26 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

27In section 31 of the 2000 Act (inspections by persons authorised by registration authority), in subsection (7), for the words from “require” to “the CIECSS” substitute “ require the CIECSS ”.E+W

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Commencement Information

I92Sch. 5 para. 27 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

28(1)Section 42 of the 2000 Act (power to extend the application of Part 2) is amended as follows.E+W

(2)In subsection (1), after “(2)” insert “ , (2A) ”.

(3)For subsection (2) substitute—

(2)This subsection applies to—

(a)Welsh local authorities providing services in the exercise of their social services functions, and

(b)persons who provide services which are similar to services which—

(i)may or must be so provided by Welsh local authorities, or

(ii)may or must be provided by Welsh NHS bodies.

(2A)This subsection applies to—

(a)English local authorities providing services in the exercise of their social services functions so far as relating to persons aged under 18, and

(b)persons who provide services which are similar to services which may or must be so provided by English local authorities.

(4)In subsection (4), after “(2)” insert “ or (2A) ”.

(5)Omit subsection (5).

(6)After subsection (5) insert—

(6)For the purposes of this section, functions mentioned in section 135(1)(e) of the Education and Inspections Act 2006 are taken to be social services functions relating to persons aged under 18.

(7)In this section—

  • cross-border Special Health Authorities” means Special Health Authorities not performing functions only or mainly in respect of England or only or mainly in respect of Wales,

  • English local authorities” means local authorities in England,

  • Welsh local authorities” means local authorities in Wales, and

  • Welsh NHS bodies” means—

    (a)

    Local Health Boards,

    (b)

    National Health Service trusts all or most of whose hospitals, establishments and facilities are situated in Wales,

    (c)

    Special Health Authorities performing functions only or mainly in respect of Wales, and

    (d)

    cross-border Special Health Authorities but only so far as their functions are performed in respect of Wales.

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Commencement Information

I93Sch. 5 para. 28 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

29(1)Section 55 of the 2000 Act (interpretation of Part 4) is amended as follows.E+W

(2)In subsection (2)(c), for “an establishment, or an agency, of a description” substitute “ a home, centre or agency of a kind ”.

(3)In subsection (3)—

(a)in paragraph (e) omit “the CSCI,”, and

(b)after that paragraph insert—

(ea)staff of the Care Quality Commission who inspect premises under Part 1 of the Health and Social Care Act 2008 used for or in connection with the provision of social care (within the meaning of that Part) or who are responsible for persons who do so;.

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Commencement Information

30In section 113 of the 2000 Act (default powers of appropriate Minister) omit subsection (1A).E+W

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Commencement Information

31Omit section 113A of the 2000 Act (fees payable under Part 2).E+W

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Commencement Information

I96Sch. 5 para. 31 in force at 1.10.2010 by S.I. 2010/807, art. 2(2), Sch. 1 para. 30 (with Pt. 3)

32After section 118 of the 2000 Act insert—E+W

118ARegulations: Wales

(1)This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.

(2)Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.

(3)A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.

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33In section 120 of the 2000 Act (Wales) omit subsection (1).E+W

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Commencement Information

34In section 121 of the 2000 Act (general interpretation etc), in the Table in subsection (13), omit the entries for the expressions “CHAI” and “CSCI”.E+W

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Commencement Information

Part 2 E+WAmendments of Health and Social Care (Community Health and Standards) Act 2003

35In this Part of this Schedule “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).E+W

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Commencement Information

36Omit sections 41 to 44 of the 2003 Act (regulatory bodies).E+W

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37In section 45 of the 2003 Act (quality in health care), in subsection (1), after “each” insert “ Welsh ”.E+W

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Commencement Information

I102Sch. 5 para. 37 in force at 1.4.2010 by S.I. 2010/708, art. 13(e)

38Omit section 46 of the 2003 Act (standards set by Secretary of State).E+W

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Commencement Information

I103Sch. 5 para. 38 in force at 1.4.2010 by S.I. 2010/708, art. 13(e)

39Omit sections 47A to 47C of the 2003 Act (code of practice relating to health care associated infections).E+W

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Commencement Information

40Omit sections 48 to 69A of the 2003 Act (NHS health care: functions of CHAI).E+W

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Commencement Information

I105Sch. 5 para. 40 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(p) (with art. 11, Sch. 3)

I106Sch. 5 para. 40 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 17 (with Pt. 3)

41Omit sections 76 to 91 of the 2003 Act (social services: functions of CSCI).E+W

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Commencement Information

I107Sch. 5 para. 41 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(q) (with art. 11, Sch. 3)

I108Sch. 5 para. 41 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 17 (with Pt. 3)

42In section 96 of the 2003 Act (additional functions of Welsh Ministers), in subsection (2), for paragraph (a) substitute—E+W

(a)functions of the Care Quality Commission under Part 1 of the Health and Social Care Act 2008, and.

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Commencement Information

43In section 100 of the 2003 Act (power of Welsh Ministers to require information), in subsection (2)(c), for “NHS body” substitute “ Welsh NHS body or cross-border SHA ”.E+W

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Commencement Information

44Omit sections 102 to 104 of the 2003 Act (functions of CHAI and CSCI under Care Standards Act).E+W

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Commencement Information

45In section 113 of the 2003 Act (complaints about health care), in subsection (3), omit paragraph (b).E+W

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Commencement Information

46In section 114 of the 2003 Act (complaints about social services), in subsection (2), omit paragraph (b).E+W

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Commencement Information

47Omit sections 120 to 141 of the 2003 Act (supplementary provision about CHAI and CSCI).E+W

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Commencement Information

I114Sch. 5 para. 47 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(s)

I115Sch. 5 para. 47 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 17 (with Pt. 3)

48For section 143 of the 2003 Act substitute—E+W

143Use by Welsh Ministers of information

(1)The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.

(2)The functions of the Welsh Ministers referred to in subsection (1) are—

(a)their functions under Chapter 4 of this Part;

(b)their functions under Chapter 6 of this Part;

(c)their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;

(d)their functions under section 80 of the Children Act 1989;

(e)their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);

(f)any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.

(3)References to functions in subsection (2) do not include functions of making regulations.

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Commencement Information

49Omit section 144 of the 2003 Act (inquiries: Wales).E+W

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Commencement Information

50Omit sections 145 and 145A of the 2003 Act (CHAI duties to co-operate).E+W

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Commencement Information

51In section 148 of the 2003 Act (interpretation of Part 2), omit the following definitions—E+W

(a)“the CHAI”,

(b)“the CSCI”,

(c)“financial year”, and

(d)“Minister of the Crown”.

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Commencement Information

52Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI and CSCI).E+W

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Commencement Information

Part 3 E+WAmendments of other Acts

Prison Act 1952 (c. 52)E+W

53(1)Schedule A1 to the Prison Act 1952 (further provision about Her Majesty's Chief Inspector of Prisons) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 3(2)—

(a)omit paragraph (c), and

(b)for paragraph (d) substitute—

(d)the Care Quality Commission;.

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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

Public Records Act 1958 (c. 51)E+W

54In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ the Care Quality Commission. ”

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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

I123Sch. 5 para. 54(b) in force at 1.10.2008 by S.I. 2008/2497, art. 2(q)(i)

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

55In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies in England and Wales to which the Act applies)—E+W

(a)omit paragraphs (bg) and (bh), and

(b)after paragraph (bh) insert—

(bj)the Care Quality Commission;.

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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

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

56In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ Care Quality Commission. ”

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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

I126Sch. 5 para. 56(b) in force at 1.10.2008 by S.I. 2008/2497, art. 2(q)(ii)

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

57(1)Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualified for membership) is amended as follows.E+W

(2)In Part 2 (bodies of which all members are disqualified)—

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ The Care Quality Commission. ”

(3)In Part 3 (other disqualifying offices), omit the entry for members of the Mental Health Act Commission in receipt of remuneration.

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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

I127Sch. 5 para. 57(1) in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 2(q)(iii)

I128Sch. 5 para. 57(1) in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(w)

I130Sch. 5 para. 57(2)(b) in force at 1.10.2008 by S.I. 2008/2497, art. 2(q)(vi)

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

58In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ The Care Quality Commission. ”

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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

I132Sch. 5 para. 58(b) in force at 1.10.2008 by S.I. 2008/2497, art. 2(q)(v)

Race Relations Act 1976 (c. 74)E+W

F3159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

Copyright, Designs and Patents Act 1988 (c. 48)E+W

60In section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown” includes certain bodies with health-related functions), for “the Commission for Social Care Inspection, the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.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

Road Traffic Act 1988 (c. 52)E+W

61In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)—E+W

(a)in paragraph (da) for the words from “, by a Local Health Board” to “Inspection” substitute “ or by a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ”, and

(b)in paragraph (g) for “the Commission for Social Care Inspection” substitute “ the Care Quality Commission ”.

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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

Vehicle Excise and Registration Act 1994 (c. 22)E+W

62In paragraph 7 of Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt health service vehicles)—E+W

(a)omit paragraph (c) (together with the word “or” at the end of it), and

(b)for paragraph (f) substitute—

(f)the Care Quality Commission.

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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

Police Act 1996 (c. 16)E+W

63(1)Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 3(2), for paragraph (d) substitute—

(d)the Care Quality Commission;.

(4)In paragraph 4—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

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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

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

F3264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

F3265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

F3266. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

F3267. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

F3268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

F3269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

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

70In section 25 of the Local Government Act 1999 (co-ordination of inspections etc.), in subsection (2)(e), for “Commission for Social Care Inspection” substitute “ Care Quality Commission ”.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

Crown Prosecution Service Inspectorate Act 2000 (c. 10)E+W

71(1)The Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provision about Her Majesty's Chief Inspector of the Crown Prosecution Service) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 4—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

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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

Regulation of Investigatory Powers Act 2000 (c. 23)E+W

72In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (surveillance authorisation: relevant authorities), for paragraph 20F substitute—E+W

20FThe Care Quality Commission.

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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

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

73In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 (other public bodies and offices: general)—E+W

(a)omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and

(b)at the appropriate place insert— “ The Care Quality Commission. ”

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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

I141Sch. 5 para. 73(b) in force at 1.10.2008 by S.I. 2008/2497, art. 2(q)(viii)

Criminal Justice and Court Services Act 2000 (c. 43)E+W

74(1)Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provision about the Inspectorate) is amended as follows.E+W

(2)In paragraph 2(2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

(3)In paragraph 3(2)—

(a)omit paragraph (c), and

(b)for paragraph (d) substitute—

(d)the Care Quality Commission;.

(4)In paragraph 4—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission,.

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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

Courts Act 2003 (c. 39)E+W

F3375. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

Public Audit (Wales) Act 2004 (c. 23)E+W

76In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for paragraph (c) substitute—E+W

(c)the Care Quality Commission,.

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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

77In section 64 of the Public Audit (Wales) Act 2004 (provision of information by CHAI)—E+W

(a)in subsection (1), for “The Commission for Healthcare Audit and Inspection” substitute “ The Care Quality Commission ”,

(b)in subsection (2), for the words from “section 136” to the end substitute “ section 76 of the Health and Social Care Act 2008 (disclosure of confidential personal information: offence). ”, and

(c)for subsection (3) substitute—

(3)In this section—

  • English NHS body” has the meaning given by subsection (1) of section 97 of that Act; and

  • cross-border SHA” means a cross-border Special Health Authority as defined by that subsection.

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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

Children Act 2004 (c. 31)E+W

78In section 20 of the Children Act 2004 (joint area reviews), in subsection (4), for paragraph (d) substitute—E+W

(d)the Care Quality Commission;.

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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

F34...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.

Amendments (Textual)

F3479. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F3480. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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.

Amendments (Textual)

Education and Inspections Act 2006 (c. 40)E+W

81(1)Paragraph 1 of Schedule 13 to the Education and Inspections Act 2006 (interaction with other authorities) is amended as follows.E+W

(2)In sub-paragraph (2)—

(a)omit paragraph (f), and

(b)for paragraph (g) substitute—

(g)the Care Quality Commission, and.

(3)In sub-paragraph (3)(f), for “(2)(f) to (h)” substitute “ (2)(g) and (h) ”.

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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

National Health Service Act 2006 (c. 41)E+W

82In section 9 of the National Health Service Act 2006 (NHS contracts), in subsection (4), for paragraph (k) substitute—E+W

(k)the Care Quality Commission,.

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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

83In section 35 of the National Health Service Act 2006 (authorisation of NHS foundation trusts), in subsection (3)(a), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.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

84In section 56 of the National Health Service Act 2006 (mergers), in subsection (6)(a), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.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

85In section 71 of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2)(f), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.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

86In Schedule 10 to the National Health Service Act 2006 (audit of accounts of NHS foundation trusts), in paragraph 8(1)(e), for the words from “the Commission” to the end substitute “the Care Quality Commission”.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

National Health Service (Wales) Act 2006 (c. 42)E+W

87In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts), in subsection (4), for paragraph (k) substitute—E+W

(k)the Care Quality Commission,.

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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

88In section 30 of the National Health Service (Wales) Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2)—E+W

(a)at the end of paragraph (c) insert “ and ”, and

(b)omit paragraph (d) (together with the word “and” at the end of it).

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

NHS Redress Act 2006 (c. 44)E+W

89In section 5 of the NHS Redress Act 2006 (duty to consider potential application of scheme), in subsection (2), for paragraph (b) substitute—E+W

(b)the Care Quality Commission.

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

90In section 13 of the NHS Redress Act 2006 (duties of co-operation), in subsection (1), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.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

Safeguarding Vulnerable Groups Act 2006 (c. 47)E+W

91In section 45 of the Safeguarding Vulnerable Groups Act 2006 (supervisory authorities: duty to refer), in subsection (7)—E+W

(a)for paragraph (c) substitute—

(c)the Care Quality Commission in respect of its functions under Part 1 of the Health and Social Care Act 2008;,

(b)omit paragraph (d), and

(c)in paragraph (e), for “that Act” substitute “ 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

F3592. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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)

F35Sch. 5 para. 93 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

F3593. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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)

F35Sch. 5 para. 93 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(bb)

Local Government and Public Involvement in Health Act 2007 (c. 28)E+W

94In section 227 of the Local Government and Public Involvement in Health Act 2007 (local involvement networks: annual reports), in subsection (4), after paragraph (c) insert—E+W

(ca)the Care Quality Commission;.

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

I157Sch. 5 para. 94 in force at 1.10.2008 by S.I. 2008/2497, art. 2(q)(x)

Section 98

SCHEDULE 6E+W+S+N.I.The Office of the Health Professions Adjudicator

F36...E+W+S+N.I.

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)

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Prospective

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F36...E+W+S+N.I.

F36F36.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Prospective

Section 99

SCHEDULE 7E+W+S+N.I.Adjudication functions under Medical Act 1983 and Opticians Act 1989

F37...E+W+S+N.I.F37...

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37...E+W+S+N.I.F37...

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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)

F37F37.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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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)

Section 111

SCHEDULE 8E+W+S+N.I.Extension of powers under s. 60 of Health Act 1999

1(1)Section 60 of the 1999 Act (regulation of health care and associated professions) is amended as follows.E+W+S+N.I.

F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (2)—

(a)in paragraph (a), omit “the Pharmacy Act 1954,”,

(b)after that paragraph insert—

(aa)the professions regulated by the Pharmacists and Pharmacy Technicians Order 2007 and the Pharmacy (Northern Ireland) Order 1976,, and

(c)after paragraph (c) insert—

(ca)the profession regulated by so much of the Hearing Aid Council Act 1968 as relates to dispensers of hearing aids,.

(4)After subsection (2) insert—

(2A)Her Majesty may also by Order in Council make provision relating to, or connected with, the functions of the relevant regulatory body in relation to—

(a)the registration of premises under Part 4 of the Medicines Act 1968 (pharmacies),

(b)the regulation of the use of premises for the purposes of a retail pharmacy business, within the meaning of the Medicines Act 1968,

(c)compliance with the provisions of that Act,

(d)compliance with the provisions of the Poisons Act 1972 or the Poisons (Northern Ireland) Order 1976 by persons admitted to practice and persons carrying on a retail pharmacy business, and

(e)the grant of authorisations under section 28 of the Regulation of Investigatory Powers Act 2000 (authorisation of directed surveillance).

(2B)In subsection (2A) “the relevant regulatory body” means the body (or main body) responsible for the regulation of the professions referred to in subsection (2)(aa).

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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)

Commencement Information

I158Sch. 8 para. 1 in force at 1.1.2009 by S.I. 2008/3244, art. 3(c)(i)

2In section 62 of the 1999 Act (regulations and orders), in subsection (10), after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.E+W+S+N.I.

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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

I159Sch. 8 para. 2 in force at 1.1.2009 by S.I. 2008/3244, art. 3(c)(i)

3Schedule 3 to the 1999 Act (which relates to the power in section 60 of the Act) is amended as follows.E+W+S+N.I.

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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

I160Sch. 8 para. 3 in force at 1.10.2008 for specified purposes by S.I. 2008/2497, art. 3(b)(i)

I161Sch. 8 para. 3 in force at 1.1.2009 for specified purposes by S.I. 2008/3244, art. 3(c)(ii)

4In paragraph 5 (exercise of power so as to confer and modify functions), in paragraph (a), after “the Scottish Ministers” insert “ , a Northern Ireland department ”.E+W+S+N.I.

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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

I162Sch. 8 para. 4 in force at 1.1.2009 by S.I. 2008/3244, art. 3(c)(iii)

5(1)Paragraph 7 (matters outside the scope of the Orders) is amended as follows.E+W+S+N.I.

(2)For sub-paragraph (1) substitute—

(1)An Order may not abolish—

(a)the regulatory body of any profession to which section 60(2)(a) applies,

(b)the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland,

(c)the Health Professions Council,

(d)the Nursing and Midwifery Council, or

(e)any other regulatory body established by an Order.

(1A)Sub-paragraph (1)(b) does not prevent an Order in Council from establishing a new regulatory body for the professions mentioned in section 60(2)(aa) and transferring to it any of the functions of the Royal Pharmaceutical Society of Great Britain or the Pharmaceutical Society of Northern Ireland.

(3)Omit sub-paragraph (2) (which prevents an Order in Council under section 60 of the 1999 Act from imposing a requirement which would have the effect that a majority of the members of the regulatory body of a profession would be persons not included in the register of members admitted to practice).

(4)Omit sub-paragraph (3) (which prevents an Order in Council under section 60 of the 1999 Act from providing for a function conferred on the Privy Council, in relation to any profession to which subsection (2)(a) of that section applies, to be exercised by a different person).

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Commencement Information

I164Sch. 8 para. 5(4) in force at 1.10.2008 by S.I. 2008/2497, art. 3(b)(ii)

6(1)Paragraph 8 (other matters outside the scope of the Orders) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (2) omit paragraph (d).

(3)After that sub-paragraph insert—

(2A)Where an enactment provides, in relation to any profession, for any function of administering procedures (including making rules) relating to misconduct, unfitness to practise and similar matters to be exercised by the regulatory body or any of its committees or officers, an Order may not provide for any person other than that regulatory body or any of its committees or officers or the Office of the Health Professions Adjudicator to exercise that function.

(2B)In sub-paragraphs (1) and (2A) references to a regulatory body do not include references to any of the following—

(a)the Royal Pharmaceutical Society of Great Britain,

(b)the Pharmaceutical Society of Northern Ireland, and

(c)the Hearing Aid Council.

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Commencement Information

I165Sch. 8 para. 6 in force at 1.1.2009 by S.I. 2008/3244, art. 3(c)(iii)

7(1)Paragraph 9 (preliminary procedure for making Orders) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1)(b)—

(a)for “the profession”, where it first occurs, substitute “ any profession ”, and

(b)for “by the profession” substitute “ by any profession to be regulated ”.

(3)After sub-paragraph (1) insert—

(1A)In the case of a draft Order which amends or repeals—

(a)an enactment contained in an Act of the Scottish Parliament or in an instrument made under such an Act, or

(b)any other enactment that extends to Scotland and relates to matters falling within the legislative competence of the Scottish Parliament,

but does not contain provision of the kind mentioned in sub-paragraph (3), the persons consulted by the Secretary of State under sub-paragraph (1)(b) must include the Scottish Ministers.

(4)In sub-paragraph (3) after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.

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Commencement Information

I166Sch. 8 para. 7 in force at 1.1.2009 by S.I. 2008/3244, art. 3(c)(iii)

8In paragraph 10 (interpretation of the Schedule)—E+W+S+N.I.

(a)before the definition of “Order” insert—

dental practitioner” means a person registered in the dentists register under the Dentists Act 1984,

enactment” means an enactment contained in, or in an instrument made under—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)a Measure or Act of the National Assembly for Wales, or

(d)Northern Ireland legislation,

functions” includes powers and duties,

medical practitioner” means a registered medical practitioner as defined by Schedule 1 to the Interpretation Act 1978,, and

(b)omit the words from “and other expressions” to the end.

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Commencement Information

I167Sch. 8 para. 8(a) in force at 1.10.2008 by S.I. 2008/2497, art. 3(b)(iii)

I168Sch. 8 para. 8(b) in force at 1.1.2009 by S.I. 2008/3244, art. 3(c)(iii)

9In paragraph 11 (which contains further interpretative provisions), in sub-paragraph (2)—E+W+S+N.I.

(a)in paragraph (c), for “Part 1 of the 1977 Act” substitute “ Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 ”, and

(b)in paragraph (d), for “Part 1 of the 1977 Act” substitute “ Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006 ”.

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Commencement Information

I169Sch. 8 para. 9 in force at 1.1.2009 by S.I. 2008/3244, art. 3(c)(iii)

10Omit paragraph 12 (which confers limited powers in relation to the profession regulated by the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))).E+W+S+N.I.

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Commencement Information

I170Sch. 8 para. 10 in force at 15.1.2015 by S.I. 2014/3251, art. 2

Section 124

SCHEDULE 9E+W[F39Regulation of social care workers: Wales]

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Amendments (Textual)

InterpretationE+W

1In this Schedule—E+W

  • functions” includes powers and duties;

  • regulations” means regulations under section 124;

  • [F40the Council” means the Care Council for Wales.]

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Amendments (Textual)

Commencement Information

I171Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Matters generally within the scope of regulationsE+W

2Regulations may make provision for the following matters (among others)—E+W

(a)the functions of [F41the Council];

(b)the keeping of registers of social care workers of any description;

(c)education and training;

(d)privileges of registered persons;

(e)standards of conduct and performance (including standards of conduct and performance of social care workers carrying out the functions of an approved mental health professional within the meaning of section 114 of the Mental Health Act 1983 (c. 20));

(f)discipline;

(g)removal or suspension from registration or the imposition of conditions on registration;

(h)investigation and enforcement by or on behalf of [F42the Council];

(i)appeals;

(j)codes of practice or guidance for persons employing or seeking to employ social care workers.

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Amendments (Textual)

Commencement Information

I172Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Manner of exercise of powerE+W

3The power to make regulations may be exercised by amending or repealing any provision (other than section 55) of the Care Standards Act 2000 (c. 14) and any other enactment and any other instrument or document.E+W

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Commencement Information

I173Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

4The power may be exercised so as to make provision for the delegation of functions, including provision conferring power to make, confirm or approve subordinate legislation.E+W

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Commencement Information

I174Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

5The power may be exercised so as to make provision—E+W

(a)for the charging of fees, and

(b)for the making of payments by [F43the Council].

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Amendments (Textual)

Commencement Information

I175Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

6The power may be exercised so as to—E+W

(a)confer functions (including power to pay grants) on F44... the Welsh Ministers, or

(b)modify their functions.

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Amendments (Textual)

Commencement Information

I176Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

7The power may not be exercised so as to create any criminal offence, except an offence punishable on summary conviction with a fine not exceeding the amount specified as level 5 on the standard scale.E+W

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Commencement Information

I177Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Matters outside the scope of regulationsE+W

8(1)Regulations may not abolish F45... the Care Council for Wales.E+W

(2)Where the Care Standards Act 2000 provides for any function mentioned in sub-paragraph (3) to be exercised by [F46the Council] or any of its committees or officers, regulations may not provide for any person other than [F47the Council] or any of its committees or officers to exercise that function.

(3)Those functions are—

(a)keeping the register of social care workers of any description,

(b)determining standards of education and training required as a condition of registration,

(c)giving advice about standards of conduct and performance, and

(d)administering procedures (including making rules) relating to misconduct, removal from registration and similar matters.

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Amendments (Textual)

Commencement Information

I178Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Preliminary procedure for making regulations: EnglandE+W

F489. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Preliminary procedure for making regulations: WalesE+W

10(1)If the Welsh Ministers propose to lay a draft of regulations before the National Assembly for Wales, the Welsh Ministers must first—E+W

(a)publish a draft of the regulations, and

(b)invite representations to be made to the Welsh Ministers about the draft by—

(i)persons appearing to the Welsh Ministers appropriate to represent social care workers affected by the regulations,

(ii)persons appearing to the Welsh Ministers appropriate to represent those provided with services by such social care workers, and

(iii)any other persons appearing to the Welsh Ministers appropriate to consult about the draft.

(2)After the end of the period of 3 months beginning with the publication of the draft, the Welsh Ministers may lay the draft as published, or that draft with any modifications they consider appropriate, together with a report about the consultation, before the National Assembly for Wales.

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Commencement Information

I179Sch. 9 partly in force; Sch. 9 in force for specified purposes at Royal Assent, see s. 170

Section 127

SCHEDULE 10E+W+S+N.I.Further amendments relating to Part 2

Provision consequential on section 113(1)E+W+S+N.I.

1(1)Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence.E+W+S+N.I.

(2)Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.

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Commencement Information

I180Sch. 10 para. 1 in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(i)

Public Records Act 1958 (c. 51)E+W+S+N.I.

2In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—E+W+S+N.I.

(a)for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and

(b)at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”

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Commencement Information

I181Sch. 10 para. 2(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(ii)

I182Sch. 10 para. 2(b) in force at 25.1.2010 by S.I. 2010/23, art. 2(h)(i)

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

3In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—E+W+S+N.I.

(a)in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—

(bca)the Council for Healthcare Regulatory Excellence;

(bcb)the Office of the Health Professions Adjudicator;, and

(b)in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—

(ca)the Council for Healthcare Regulatory Excellence;

(cb)the Office of the Health Professions Adjudicator;.

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Commencement Information

I183Sch. 10 para. 3 in force at 1.1.2009 for specified purposes by S.I. 2008/3244, art. 2(i)(iii)

I184Sch. 10 para. 3 in force at 25.1.2010 in so far as not already in force by S.I. 2010/23, art. 2(h)(ii)

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

4In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

F49(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I185Sch. 10 para. 4(a) in force at 1.1.2009 by S.I. 2008/3244, art. 2(i)(iv)

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

5In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—E+W+S+N.I.

(a)for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and

F50(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .