Miscellaneous
Section 106: Meaning of “independent medical agency”
231.For the avoidance of doubtsection 106 amends section 2(4) of the CSA 2000 to make clear that the term ‘independent medical agency’ neither includes independent clinics nor independent hospitals. The term “independent clinic” in the CSA 2000 refers to an establishment in which one or more medical practitioners provide services other than those that would render the establishment an independent hospital.
Section 107: Children’s homes providing secure accommodation
232.This section amends the CSA 2000 so that children’s homes providing secure accommodation will require registration by the CSCI. Previously such combined services had to be registered with the NCSC to operate and with the Secretary of State to provide secure accommodation. Under the provisions in the Act the CSCI took on both the registration role of the NCSC and the Secretary of State’s function of assessing suitability to provide secure accommodation.
Section 108: Information and inspection
233.Subsection (2) of this section amends section 31 of the CSA 2000 to give inspectors the power to require at any time, from a person who carries on or manages an establishment or agency, copies of any medical or other personal records or other documents, insofar as is necessary to enable the registration authority – the CHAI or the CSCI in England, the Assembly in Wales - to discharge its functions. Where these documents or records are stored on a computer they must be produced in a legible form. Currently inspectors may only inspect such documents or records when they are already engaged in the inspection of an establishment or agency.
234.Subsections (3)(a) and (4) also amend section 31 to enable inspectors to inspect and take copies of medical and other personal records when inspecting a premises. Subsection 3(b) replaces the inspectors’ power to interview anyone ‘employed’ at premises with a power to interview anyone ‘working’ there. This will enable inspectors to interview temporary and agency staff contracted by a provider as well as permanent employees.
Section 109: Assembly: duties relating to children
235.Section 109 amends the CSA 2000 so that the Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of its regulatory functions under that Act.
