The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004

Citation, commencement, interpretation and application

1.—(1) This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004 and shall come into force on 1st April 2004.

(2) In this Order—

“the 2000 Act” means the Care Standards Act 2000(1);

“the Act” means the Health and Social Care (Community Health and Standards) Act 2003; and

“the NCSC” means the National Care Standards Commission(2).

(3) The amendment or revocation of any provision by this Order has the same application as the provision being amended or revoked.

(4) Articles 9 to 14 apply to England only.

Consequential amendments and revocations

2.  The enactments specified in Schedule 1 are amended as there specified.

3.  In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, there is inserted in the appropriate alphabetical position—

““Commission” means the Commission for Social Care Inspection;”(3).

4.  In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, for “Commission for Health Improvement” there is substituted “Commission for Healthcare Audit and Inspection”.

5.  In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, for “National Care Standards Commission” there is substituted “Commission for Social Care Inspection”.

6.  The National Care Standards Commission (Director of Private and Voluntary Health Care) Regulations 2002(4) are hereby revoked.

7.  The National Care Standards Commission (Membership and Procedure) Regulations 2001(5) are hereby revoked.

8.  Articles 3 to 5 of the Health Act 1999 (Supplementary and Consequential Provisions) Order 1999(6) are hereby revoked.

NCSC – accounts and report– consequential provisions

9.—(1) The Secretary of State must prepare the annual accounts of the NCSC in respect of the year beginning on 1st April 2003 and ending on 31st March 2004 (“the financial year 2003-2004”) in such form as he considers appropriate.

(2) The Secretary of State must send copies of those annual accounts to the Comptroller and Auditor General.

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

(4) The CSCI and the CHAI must provide to the Secretary of State such information and other assistance as he may require to enable him to carry out the duty in paragraph (1).

10.—(1) As soon as possible after the end of the financial year 2003-2004, the Secretary of State must make a report on the exercise by the NCSC of its functions during that financial year.

(2) The report made under paragraph (1) must be published in a manner which the Secretary of State considers appropriate.

(3) The CSCI and the CHAI must provide to the Secretary of State such information and other assistance as he may require to enable him to carry out the duty in paragraph (1).

Functions of the NCSC under Part 2 of the 2000 Act – transitional provisions

11.—(1) Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any function transferred under section 102(1) of the Act, be continued by or in relation to the transferee.

(2) Anything done (or having effect as if done) by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function transferred under section 102(1) of the Act is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the transferee.

(3) Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as reference to the transferee.

(4) In this article “transferee”, in relation to a function, means the body to which the function is transferred under section 102(1).

Functions of the NCSC under Part 3 of the 2000 Act – transitional provisions

12.—(1) Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any Part 3 function of that Commission, be continued by the CSCI under the relevant analogous function.

(2) Anything done by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any Part 3 function of that Commission is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the CSCI under the relevant analogous function.

(3) Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as a reference to the CSCI.

(4) In this article,

(a) “Part 3 function” means—

(i) requiring information under section 45(1)(a) of the 2000 Act,

(ii) an inspection carried out by a person authorised under section 45(1)(b) or any action carried out under regulations made under section 45(4) of the 2000 Act,

(iii) a report made under section 47(1) of the 2000 Act,

(iv) a report made under section 47(3) or 47(4)(a) of the 2000 Act, and

(v) a notice given under section 47(4)(b) of the 2000 Act; and

(b) “relevant analogous function” means—

(i) in relation to the Part 3 function referred to in sub-paragraph (a)(i), information given under section 90(1) of the Act,

(ii) in relation to the Part 3 functions referred to in sub-paragraph (a)(ii), an investigation carried out under section 80(7) of the Act,

(iii) in relation to the Part 3 function referred to in sub-paragraph (a)(iii), action taken under section 81(3)(a) of the Act,

(iv) in relation to the Part 3 functions referred to in sub-paragraph (a)(iv), information given under section 77(1) of the Act, and

(v) in relation to the Part 3 function referred to in sub-paragraph (a)(v), action taken under section 81(4)of the Act.

Other functions of the NCSC – transitional provisions

13.—(1) Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any function conferred on the NCSC by section 2A of the Protection of Children Act 1999(8) (“the 1999 Act”), be continued by the relevant transferee.

(2) Anything done by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function conferred on the NCSC under section 2A of the 1999 Act, is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the relevant transferee.

(3) Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as a reference to the relevant transferee.

(4) In this article —

(a) “CHAI function” means a function under section 2A of the 1999 Act carried out on the basis of evidence obtained by the NCSC in the exercise of its functions under Part 2 of the 2000 Act which have been transferred to the CHAI under section 102(1) of the Act;

(b) “CSCI function” means a function under section 2A of the 1999 Act carried out on the basis of evidence obtained by the NCSC in the exercise of its functions under Part 2 of the 2000 Act which have been transferred to the CSCI under section 102(1) of the Act; and

(c) “relevant transferee” means—

(i) in relation to a CHAI function, the CHAI, and

(ii) in relation to a CSCI function, the CSCI.

14.—(1) Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any function conferred on that Commission under any enactment(9) other than a function referred to in articles 11 to 13 may, so far as is required for completing that process, be continued by the CSCI as though that enactment conferred that function on the CSCI.

(2) Anything done (or having effect as if done) by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function conferred on that Commission under any enactment other than a function referred to in articles 11 to 13 is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the CSCI as though that enactment conferred that function on the CSCI.

(3) Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as a reference to the CSCI.

Signed by authority of the Secretary of State for Health

Stephen Ladyman

Parliamentary Under Secretary of State,

Department of Health

9th March 2004