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

Article 2

SCHEDULE 1 Amendments consequential on Part 2 of the Health and Social Care (Community Health and Standards) Act 2003

Public Interest Disclosure (Prescribed Persons) Order 1999

1.  In the first column of the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999(1), for “National Care Standards Commission” substitute “Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection”(2).

Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999

2.  In Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) Order 1999(3) (employment to which this order applies: employers immediately before the relevant event), in section 10 (miscellaneous bodies) after paragraph 17A insert—

The Commission for Healthcare Audit and Inspection.

The Commission for Social Care Inspection.”.

Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000

3.—(1) In regulation 1(2) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000(4) (citation, commencement and interpretation), after paragraph (f) of the definition of “health service body” insert—

“(g) the Commission for Healthcare Audit and Inspection established by section 41 of the Health and Social Care (Community Health and Standards) Act 2003.”.

(2) In regulation 5(1)(d) (disqualification for appointment: chairman and non-officer members), at the beginning, insert “subject to sub-paragraph (dza),”.

(3) After regulation 5(1)(d), insert—

“(dza) he is a person whose tenure of office as the chairman or as a member of the Commission for Healthcare Audit and Inspection has been terminated because the Secretary of State was satisfied that one of the conditions specified in paragraph 3(6)(a) or (b) of Schedule 6 to the Health and Social Care (Community Health and Standards) Act 2003 was satisfied in relation to him;”

Private and Voluntary Health Care (England) Regulations 2001

4.  In regulation 2(1) of the Private and Voluntary Health Care (England) Regulations 2001(5) (interpretation) there is inserted in the appropriate alphabetical position—

““Commission” means the Commission for Healthcare Audit and Inspection;”.

The National Care Standards Commission (Registration) Regulations 2001

5.  In regulation 2(1) of the National Care Standards Commission (Registration) Regulations 2001(6) (interpretation) there is inserted in the appropriate alphabetical position—

““Commission” means the Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection;”.

Race Relations Act 1976 (Statutory Duties) Order 2001

6.  In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001(7) the words “The Commission for Health Improvement.” are omitted.

The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002

7.—(1) The Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002(8) are amended in accordance with this paragraph.

(2) In regulation 1(2) (citation, commencement and interpretation)—

(a) in the definition of “appropriate authority”, for “Commission” substitute “Commission for Social Care Inspection”;

(b) in the definition of “the Commission”, for “National Care Standards Commission” substitute “Commission for Social Care Inspection or the Commission for Healthcare Audit and Inspection”(9); and

(c) in the definition of “registration authority”, for “Commission” substitute “Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection”.

Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002

8.  In regulation 5(4) of the Commission for Patient and Public Involvement in Health (Membership and Procedure) Regulations 2002(10) (disqualification for appointment) after sub-paragraph (g) insert—

“(h) the Commission for Healthcare Audit and Inspection;

(i) the Commission for Social Care Inspection.”.

Article 3

SCHEDULE 2 Enactments where there is inserted in the appropriate alphabetical position ““Commission” means the Commission for Social Care Inspection;”

Title of Enactment	Provision to be amended
The Care Homes Regulations 2001(11)	Regulation 2(1)
The Children’s Homes Regulations 2001(12)	Regulation 2(1)
The Fostering Services Regulations 2002(13)	Regulation 2(1)
Nurses Agencies Regulations 2002(14)	Regulation 2(1)
The Residential Family Centres Regulations 2002(15)	Regulation 2(1)
The Domiciliary Care Agencies Regulations 2002(16)	Regulation 2(1)
The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003(17)	Regulation 1(2)
The National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003(18)	Regulation 2(1)

Article 4

SCHEDULE 3 Enactments where for “Commission for Health Improvement” there is substituted “Commission for Healthcare Audit and Inspection”

Title of Enactment	Provisions to be amended
Welsh Language Schemes (Public Bodies) Order 2001((19)	The Schedule to the Order
Commission for Patient and Public Involvement in Health (Functions) Regulations 2002(20)	Regulation 3(a) Regulation 4(a) Regulation 5(a)
National Assembly for Wales (Disqualification) Order 2003(21)	Part 1 of the Schedule to the Order
Whole of Government Accounts (Designation of Bodies) Order 2003(22)	The Schedule to the Order
Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003(23)	Paragraph (2)(i) of the definition of “health service body” in regulation 1
NHS Professionals Special Health Authority Regulations 2003(24)	Paragraph (3)(d) of the definition of “health service body” in regulation 1

Article 5

SCHEDULE 4 Enactments where for “National Care Standards Commission” there is substituted “Commission for Social Care Inspection”

Title of Enactment	Provision to be amended
Commission for Patient and Public Involvement in Health (Functions) Regulations 2002(25)	Regulation 3(b) Regulation 4(b) Regulation 5(b)
Whole of Government Accounts (Designation of Bodies) Order 2003(26)	The Schedule to the Order

(1)

S.I.1999/1549, as amended by S.I. 2003/1993 and S.I. 2002/1555.

(2)

See section 5 of the 2000 Act for the definition of registration authority. Section 5 was amended by paragraph 17 of Schedule 9 to the Act.

(3)

S.I.1999/2277, as amended by S.I. 2000/1042, S.I. 2001/866, S.I. 2002/532 and S.I. 2002/1397

(4)

S.I.2000/89, as amended by S.I. 2001/2631, S.I.2001/3787, S.I. 2002/38, S.I. 2002/557, S.I. 2002/880, S.I. 2002/881, S.I. 2002/2375, S.I. 2002/2469, S.I. 2002/2861, S.I. 2003/1616 and S.I. 2004/18

(5)

S.I.2001/3968, as amended by S.I. 2002/865.

(6)

S.I.2001/3969, as amended by S.I.2002/865, S.I. 2002/2469, S.I. 2003/369, S.I. 2003/1845 and S.I. 2003/2323.

(7)

S.I.2001/3458.

(8)

S.I. 2002/816, as amended by S.I. 2003/626, S.I. 2003/1060 and S.I. 2003/2043.

(9)

The Commission for Healthcare Audit and Inspection was established by section 41 of the Act. The functions of the National Care Standards Commission under Part 2 of the Care Standards Act 2000 are transferred either to the Commission for Social Care Inspection or to the Commission for Healthcare Audit and Inspection in accordance with section 102 of the Act.

(10)

S.I.2002/3038.

(11)

S.I. 2001/3965, as amended by S.I. 2002/865, S.I. 2003/534, S.I. 2003/1590, S.I. 2003/1703 and S.I. 2003/1845.

(12)

S.I.2001/3967, as amended by S.I. 2002/865 and S.I. 2002/2469.

(13)

S.I. 2002/57, as amended by S.I. 2002/865 and S.I. 2002/2469.

(14)

S.I.2002/3212, as amended by S.I. 2003/2323.

(15)

S.I.2002/3213.

(16)

S.I. 2002/3214, as amended by S.I. 2003/2323.

(17)

S.I.2003/367.

(18)

S.I. 2003/368.

(19)

S.I.2001/2550.

(20)

S.I.2002/3007, as amended by S.I. 2003/497 and S.I. 2003/2044.

(21)

S.I.2003/437.

(22)

S.I.2003/489.

(23)

S.I.2003/506.

(24)

S.I.2003/3060.

(25)

S.I.2002/3007, as amended by S.I. 2003/497 and 2003/2044.

(26)

S.I.2003/489.