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(This note is not part of the Order)
This Order makes amendments and revocations consequential on Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (“the Act”). Part 2 of the Act is concerned with the establishment and functions of the Commission for Healthcare Audit and Inspection (“the CHAI”) and the Commission for Social Care Inspection (“the CSCI”). Each of the new bodies has transferred to it some of the functions formerly conferred on the National Care Standards Commission (“NCSC”), which was established under the Care Standards Act 2000, and is abolished under the Act. The CHAI will now also carry out functions formerly carried out by the Commission for Health Improvement (“CHI”) which was established under the Health Act 1999 and which is also abolished under the Act. The Order also makes necessary transitional provisions.
Articles 2 to 5 and Schedules 1 to 4 amend references to NCSC or CHI in secondary legislation to either the CHAI or the CSCI as appropriate.
Articles 6 and 7 revoke statutory instruments which made provision concerning the NCSC.
Article 8 revokes certain articles of a statutory instrument which made provision concerning the CHI.
Articles 9 and 10 make consequential provisions allowing the Secretary of State to take action in relation to the NCSC’s accounts and annual report for the financial year 2003-2004.
Article 11 makes transitional provisions for functions transferred from the NCSC to either the CHAI or the CSCI.
Article 12 makes transitional provisions for functions formerly carried out by the NCSC in relation to local authorities which will now be carried out by the CSCI.
Article 13 makes transitional provisions for functions formerly carried out by the NCSC in relation to the Protection of Children Act 1999 which will now be carried out by either the CHAI or the CSCI.
Article 14 makes transitional provisions for other functions formerly carried out by the NCSC which will now be carried out by the CSCI.
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