Care Standards (c. 14)

(The document as of February, 2008)

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(9) An establishment is not a care home for the purposes of this Act unless the care which it provides includes assistance with bodily functions where such assistance is required.

(10) References in this Act to a child's being looked after by a local authority shall be construed in accordance with section 22 of the 1989 Act.

(11) For the purposes of this Act an individual is made redundant if--

(a) he is dismissed; and

(b) for the purposes of the [1996 c. 18.] Employment Rights Act 1996 the dismissal is by reason of redundancy.

(12) Any register kept for the purposes of this Act may be kept by means of a computer.

(13) In this Act, the expressions listed in the left-hand column have the meaning given by, or are to be interpreted in accordance with, the provisions listed in the right-hand column.

Expression	Provision of this Act
1989 Act	[1989 c. 41.] Children Act 1989
1999 Act	[1999 c. 14.] Protection of Children Act 1999
Assembly	Section 5
Care home	Section 3
CCETSW	Section 70
Children's home	Section 1
Commission	Section 6
Commissioner	Section 72
Council, the English Council, the Welsh Council	Section 54
Domiciliary care agency	Section 4
Fostering agency	Section 4
Hospital and independent hospital	Section 2
Independent clinic and independent medical agency	Section 2
Registration authority	Section 5
Residential family centre	Section 4
Voluntary adoption agency	Section 4

122 Commencement

This Act, except section 70(2) to (5) and this Chapter, shall come into force on such day as the appropriate Minister may by order appoint, and different days may be appointed for different purposes.

123 Short title and extent

(1) This Act may be cited as the Care Standards Act 2000.

(2) Subject to subsections (3) and (4), this Act extends to England and Wales only.

(3) Section 70 and, so far as relating to subsections (2) to (5) of that section, sections 114, 115 and 118 extend also to Scotland and Northern Ireland.

(4) The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

SCHEDULES

Sections 6, 54 and 66.

SCHEDULE 1 The Commission and the Councils

Introductory

1 (1) The authorities for the purposes of this Schedule are the Commission, the English Council and the Welsh Council.

(2) In this Schedule, in relation to the Welsh Council--

(a) references to the Secretary of State or to Parliament are to be read as references to the Assembly;

(b) references to the Comptroller and Auditor General are to be read as references to the Auditor General for Wales.

Status

2 An authority is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and an authority's property is to not to be regarded as property of, or property held on behalf of, the Crown.

General powers

3 (1) Subject to any directions given by the Secretary of State, an authority may do anything which appears to it to be necessary or expedient for the purpose of, or in connection with, the exercise of its functions.

(2) That includes, in particular--

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

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

General duty

4 It is the duty of an authority to carry out its functions effectively, efficiently and economically.

Membership

5 Each authority is to consist of a chairman and other members appointed by the Secretary of State.

Appointment, procedure etc.

6 The Secretary of State may by regulations make provision as to--

(a) the appointment of the chairman and other members of an authority (including the number, or limits on the number, of members who may be appointed and any conditions to be fulfilled for appointment);

(b) the tenure of office of the chairman and other members of an authority (including the circumstances in which they cease to hold office or may be removed or suspended from office);

(c) the appointment of, constitution of and exercise of functions by committees and sub-committees of an authority (including committees and sub-committees which consist of or include persons who are not members of the authority); and

(d) the procedure of an authority and any committees or sub-committees of an authority (including the validation of proceedings in the event of vacancies or defects in appointment).

Remuneration and allowances

7 (1) An authority may pay to its chairman, to any other member of the authority and to any member of a committee or sub-committee who is not a member of the authority, such remuneration and allowances as the Secretary of State may determine.

(2) If the Secretary of State so determines, an authority must pay or make provision for the payment of such pension, allowance or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chairman or any other member of an authority.

(3) If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chairman of an authority to receive compensation, the authority must pay to him or make provision for the payment to him of such compensation as the Secretary of State may determine.

Chief officer

8 (1) There is to be a chief officer of each authority who is to be a member of the staff of the authority and is to be responsible to the authority for the general exercise of its functions.

(2) The first chief officer is to be appointed by the Secretary of State on such terms and conditions as the Secretary of State may determine.

(3) Any subsequent chief officer is to be appointed by the authority.

(4) An appointment under sub-paragraph (3) requires the approval of the Secretary of State.

Regional directors

9 (1) The Secretary of State may direct the Commission to appoint directors for regions specified in the direction.

(2) Directors appointed under sub-paragraph (1) shall be members of the staff of the Commission and shall have such functions as may be prescribed.

Children's rights director

10 (1) The Commission shall appoint a children's rights director who is to be a member of the staff of the Commission.

(2) The children's rights director shall have such functions as may be prescribed.

Director of private and voluntary health care

11 (1) The Commission shall appoint a director of private and voluntary health care, who is to be a member of the staff of the Commission.

(2) The director shall have such functions as may be prescribed.

Staff

12 (1) An authority may appoint such other staff as it considers appropriate.

(2) Subject to sub-paragraph (4), staff appointed by an authority are to be appointed on such terms and conditions as the authority may determine.

(3) Without prejudice to its powers apart from this paragraph, an authority may pay, or make provision for the payment of--

(a) pensions, allowances or gratuities;

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

to or in respect of staff appointed by them.

(4) The Secretary of State may give directions as to--

(a) the appointment of staff by an authority (including any conditions to be fulfilled for appointment);

(b) their terms and conditions; and

(5) Sub-paragraphs (3) and (4)(c) apply to the first chief officer as they apply to other staff.

(6) Different directions may be given under sub-paragraph (4) in relation to different categories of staff.

Delegation of functions

13 (1) An authority may arrange for the discharge of any of its functions by a committee, sub-committee, member or member of staff of the authority.

(2) An authority may make arrangements with persons under which they, or members of their staff, may perform functions of members of the staff of the authority.

Arrangements for the use of staff

14 The Secretary of State may by regulations provide for arrangements under which--

(a) members of staff of an authority are placed at the disposal of a prescribed person for the purpose of discharging, or assisting in the discharge of, prescribed functions of that person; or

(b) members of staff of a prescribed person are placed at the disposal of an authority for the purpose of discharging, or assisting in the discharge of, any functions of the authority.

Training

15 The Commission may provide training for the purpose of assisting persons to attain standards set out in any statements published by the Secretary of State under section 23.

Payments to authorities

16 The Secretary of State may make payments to an authority of such amounts, at such times and on such conditions (if any) as he considers appropriate.

Fees

17 (1) Subject to the provisions of this Act, the Commission may not, except with the consent of the Secretary of State, charge a fee in connection with the exercise of any power conferred on it by or under this Act.

(2) The Commission may charge a reasonable fee determined by it--

(a) for any advice, forms or documents provided for the assistance of a person who proposes to apply, or is considering whether to apply, for registration under Part II; and

(b) for any training provided by it under paragraph 15.

(3) The consent of the Secretary of State for the purposes of sub-paragraph (1) may be given in relation to the exercise of a power either generally or in a particular case.

Accounts

18 (1) An authority must keep accounts in such form as the Secretary of State may determine.

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

(3) An authority must send copies of the annual accounts to the Secretary of State and 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 his report before Parliament.

(5) In this paragraph and paragraph 19 "financial year", in relation to an authority, means--

(a) the period beginning with the date on which the authority is established and ending with the next 31st March following that date; and

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

Reports and other information

19 (1) As soon as possible after the end of each financial year, an authority must make a report to the Secretary of State on the exercise of its functions during the year.

(2) An authority must provide the Secretary of State with such reports and information relating to the exercise of its functions as he may from time to time require.

(3) A report made under sub-paragraph (1) must be published in a manner which the authority considers appropriate.

Application of seal and evidence

20 The application of the seal of an authority must be authenticated by the signature--

(a) of any member of the authority; or

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

21 A document purporting to be duly executed under the seal of an authority or to be signed on its behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

General

22 In Schedule 1 to the [1958 c. 51.] Public Records Act 1958 (definition of public records), the following entries shall be inserted at the appropriate places in Part II of the Table at the end of paragraph 3--

" Care Council for Wales. "

" General Social Care Council. "

" National Care Standards Commission. "

23 In the Schedule to the [1960 c. 67.] Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bc) of paragraph 1 there shall be inserted--

" (bd) the Care Council for Wales;

(be) the General Social Care Council;

(bf) the National Care Standards Commission; " .

24 In the [1967 c. 13.] Parliamentary Commissioner Act 1967, in Schedule 2 (departments and authorities subject to investigation), the following entries shall be inserted at the appropriate places--

" General Social Care Council. "

" National Care Standards Commission. "

25 In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part II of Schedule 1 (bodies of which all members are disqualified), the following entries shall be inserted at the appropriate places--

" The Care Council for Wales. "

" The General Social Care Council. "

" The National Care Standards Commission. "

26 In the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975, the same entries as are set out in paragraph 25 are inserted at the appropriate places in Part II of Schedule 1.

27 In the [1998 c. 38.] Government of Wales Act 1998--

(a) in section 118(2) (meaning of "Welsh public records"), after "referred to in subsection (1)(e) are--" there shall be inserted--

" (aa) the Care Council for Wales; "

(b) in Schedule 4 (public bodies subject to reform by Assembly), after paragraph 3 there shall be inserted--

" 3A The Care Council for Wales. "

(c) in paragraph 14(2) of Schedule 9 (bodies subject to investigation by the Welsh Administration Ombudsman), after paragraph (a) there shall be inserted--

" (ab) the Care Council for Wales; " and

(d) in paragraph 1 of Schedule 17 (audit of Welsh public bodies), at the end there shall be inserted "(other than the Care Council for Wales)".

Section 72.

SCHEDULE 2 The Children's Commissioner for Wales

Status

1 (1) The Commissioner is to be a corporation sole.

(2) The Commissioner is not to be regarded as the servant or agent or the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.

Appointment and tenure of office

2 Regulations may make provision--

(a) as to the appointment of the Commissioner (including any conditions to be fulfilled for appointment);

(b) as to the filling of vacancies in the office of Commissioner;

(c) as to the tenure of office of the Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).

Remuneration

3 The Assembly shall--

(a) pay the Commissioner such remuneration and allowances; and

(b) pay, or make provision for the payment of, such pension or gratuities to or in respect of him,

as may be provided for under the terms of his appointment.

Staff

4 (1) The Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Commissioner.

(2) During any vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act, the deputy Commissioner shall exercise his functions (and any property or rights vested in the Commissioner may accordingly be dealt with by the deputy as if vested in him).

(3) Without prejudice to sub-paragraph (2), any member of the Commissioner's staff may, so far as authorised by him, exercise any of his functions.

General powers

5 (1) Subject to any directions given by the Assembly, the Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.

(2) That includes, in particular--

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

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

Estimates

6 (1) For each financial year after the first, the Commissioner shall prepare, and submit to the executive committee, an estimate of his income and expenses.

(2) Each such estimate shall be submitted to the executive committee at least five months before the beginning of the financial year to which it relates.

(3) The executive committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the committee thinks fit.

(4) Regulations shall specify the periods which are to be treated as the first and subsequent financial years of the Commissioner.

(5) In this paragraph and paragraph 10 "executive committee" has the same meaning as in the [1998 c. 38.] Government of Wales Act 1998.

Accounts

7 (1) The Commissioner shall keep proper accounting records.

(2) The Commissioner shall prepare accounts for each financial year in such form as the Assembly may with the consent of the Treasury determine.

Reports

8 Regulations may provide for the Commissioner to make periodic or other reports to the Assembly relating to the exercise of his functions and may require the reports to be published in the manner required by the regulations.

Audit

9 (1) The accounts prepared by the Commissioner for any financial year shall be submitted by him to the Auditor General for Wales not more than five months after the end of that year.

(2) The Auditor General for Wales shall--

(a) examine and certify any accounts submitted to him under this paragraph; and

(b) no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.

(3) In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.

Accounting officer

10 (1) The accounting officer for the Commissioner's Office shall be the Commissioner.

(2) The accounting officer for the Commissioner shall have, in relation to the accounts of the Commissioner and the finances of the Commissioner's Office, the responsibilities which are from time to time specified by the Treasury.

(3) In this paragraph references to responsibilities include in particular--

(a) responsibilities in relation to the signing of accounts;

(b) responsibilities for the propriety and regularity of the finances of the Commissioner's Office; and

(c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner's Office are used.

(4) The responsibilities which may be specified under this paragraph include responsibilities owed to--

(a) the Assembly, the executive committee or the Audit Committee; or

(b) the House of Commons or its Committee of Public Accounts.

(5) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may--

(a) on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Commissioner's Office; and

(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

(6) In this paragraph and paragraphs 11 and 12 "the Commissioner's Office" means the Commissioner and the members of his staff.

Examinations into use of resources

11 (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Commissioner has used the resources of the Commissioner's Office in discharging his functions.

(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Commissioner.

(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.

(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Commissioner under this paragraph or section 7 of the [1983 c. 44.] National Audit Act 1983 (economy etc. examinations).

Examinations by the Comptroller and Auditor General

12 (1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Commissioner's Office, the Comptroller and Auditor General--

(a) shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Commissioner, or of the Auditor General for Wales, as he may reasonably require for that purpose; and

(b) shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

(2) The Comptroller and Auditor General shall--

(a) consult the Auditor General for Wales; and

(b) take into account any relevant work done or being done by the Auditor General for Wales,

before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Commissioner under section 7 of the National Audit Act 1983 (economy etc. examinations).

Evidence

13 A document purporting to be duly executed under the seal of the Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.

Payments

14 The Assembly may make payments to the Commissioner of such amounts, at such times and on such conditions (if any) as it considers appropriate.

General

15 In the [1975 c. 24.] House of Commons Disqualification Act 1975, in Part III of Schedule 1 (certain disqualifying offices), the following entries are inserted at the appropriate places--

" Children's Commissioner for Wales. "

" Member of the staff of the Children's Commissioner for Wales. "

16 In the [1975 c. 25.] Northern Ireland Assembly Disqualification Act 1975, the same entries as are set out in paragraph 15 are inserted at the appropriate places in Part III of Schedule 1.

17 (1) Regulations may provide that the office of Children's Commissioner for Wales shall be added to the list of "Offices" in Schedule 1 to the [1972 c. 11.] Superannuation Act 1972 (offices etc. to which section 1 of that Act applies).

(2) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to provision made under sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

18 In section 144 of the [1998 c. 38.] Government of Wales Act 1998 (accounts etc.), in subsection (8)(a), after "the Welsh Administration Ombudsman" there shall be inserted "the Children's Commissioner for Wales".

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