Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

(The document as of February, 2008)

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(2) The CHAI may in all other respects regulate its own procedure.

(3) The validity of the proceedings of the CHAI is not affected by any defect in the appointment of a member or any vacancy in membership.

Discharge of functions

7 (1) The CHAI may arrange for--

(a) any of its committees, sub-committees, members or employees, or

(b) any other person,

to exercise any of its functions on its behalf.

(2) If the CHAI arranges for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Assistance

8 (1) The CHAI may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans

9 (1) The Secretary of State may make payments out of money provided by Parliament to the CHAI of such amounts, at such times and on such conditions (if any) as he considers appropriate.

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

(3) The Secretary of State may, with the approval of the Treasury, make loans out of money provided by Parliament to the CHAI on such terms (including terms as to repayment and interest) as he may determine.

(4) The Assembly may make loans to the CHAI on such terms (including terms as to repayment and interest) as it may determine.

(5) Except as provided by this paragraph, the CHAI has no power to borrow money.

Accounts

10 (1) The CHAI must keep its accounts in such form as the Secretary of State may determine.

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

(3) The CHAI 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.

Seal and evidence

11 The application of the seal of the CHAI must be authenticated by the signature--

(a) of any member of the CHAI, or

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

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

Section 42(2)

SCHEDULE 7 CSCI: supplementary

Status

1 (1) The CSCI's property is not to be regarded as property of, or property held on behalf of, the Crown.

(2) The CSCI is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

General powers and duties

2 (1) The CSCI 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,

(d) providing training.

(3) It is the duty of the CSCI to carry out its functions effectively, efficiently and economically.

Chairman and other members

3 (1) The CSCI is to consist of a chairman and other members appointed by the relevant Special Health Authority.

(2) In sub-paragraph (1), "relevant Special Health Authority" means the Special Health Authority which is directed by the Secretary of State to exercise the function of appointment under that sub-paragraph.

(3) The Secretary of State may in the prescribed manner remove the chairman or any other member from office if (and only if) the Secretary of State is satisfied that that person--

(a) is unable or unfit to carry out the duties of his office,

(b) is failing to carry out the duties of his office, or

(4) The Secretary of State may by regulations make provision as to--

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

(b) subject to this paragraph, the tenure of office of the chairman and other members (including the circumstances in which they cease to hold office, are disqualified from holding office or may be suspended from office).

(5) Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions referred to in sub-paragraph (3) is or may be satisfied in relation to that person.

(6) The Secretary of State may direct the Special Health Authority referred to in sub-paragraph (2) to exercise so much of any function of his under sub-paragraph (3) or under regulations under sub-paragraph (4) as may be specified in the direction.

(7) Where directions are given under this paragraph to a Special Health Authority, the 1977 Act has effect as if--

(a) the directions were directions under section 16D of that Act for the exercise of functions relating to the health service, and, accordingly,

(b) the functions were exercisable by the Special Health Authority under that section.

(8) Subsections (4) and (5) of section 187 apply in relation to directions under this paragraph as they apply in relation to directions under subsection (2) of that section.

Remuneration of chairman and other members

4 (1) The CSCI may pay to its chairman, or to any other member, such remuneration and allowances as the Secretary of State may determine.

(2) If the Secretary of State so determines, the CSCI 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 other member of the CSCI.

(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 the CSCI to receive compensation, the CSCI must pay to him, or make provision for the payment to him of, such compensation as the Secretary of State may determine.

Employees

5 (1) The CSCI must appoint a chief executive (to be known as the "Chief Inspector of Social Care"), who is to be an employee of the CSCI.

(2) The CSCI must also appoint a Children's Rights Director who is to be an employee of the CSCI and is to have such functions as may be prescribed.

(3) The CSCI may appoint such other employees as it considers appropriate.

(4) Employees of the CSCI are to be appointed on such terms and conditions as it may determine.

(5) Without prejudice to its other powers, the CSCI may pay, or make provision for the payment of--

(a) pensions, allowances or gratuities, or

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

to or in respect of its employees.

Procedure

6 (1) The CSCI may--

(a) appoint such committees and sub-committees (which may consist of or include persons who are not members of the CSCI) as it thinks fit;

(b) pay such remuneration and allowances to members of its committees and sub-committee as it thinks fit.

(2) The CSCI may in all other respects regulate its own procedure.

(3) The validity of the proceedings of the CSCI is not affected by any defect in the appointment of a member or any vacancy in membership.

Discharge of functions

7 (1) The CSCI may arrange for--

(a) any of its committees, sub-committees, members or employees, or

(b) any other person,

to exercise any of its functions on its behalf.

(2) If the CSCI arranges for the discharge of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Assistance

8 (1) The CSCI may arrange for such persons as it thinks fit to assist it in the discharge of any of its functions in relation to a particular case or class of case.

(2) Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.

Payments and loans

9 (1) The Secretary of State may make payments out of money provided by Parliament to the CSCI of such amounts, at such times and on such conditions (if any) as he considers appropriate.

(2) The Secretary of State may, with the approval of the Treasury, make loans out of money provided by Parliament to the CSCI on such terms (including terms as to repayment and interest) as he may determine.

(3) Except as provided by sub-paragraph (2), the CSCI has no power to borrow money.

Accounts

10 (1) The CSCI must keep its accounts in such form as the Secretary of State may determine.

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

(3) The CSCI 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.

Seal and evidence

11 The application of the seal of the CSCI must be authenticated by the signature--

(a) of any member of the CSCI, or

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

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

Section 43

SCHEDULE 8 CHAI and CSCI: transfers of property and staff, etc

Transfer schemes

1 (1) The Secretary of State may make one or more schemes for--

(a) the transfer of property, rights and liabilities of the National Care Standards Commission to the CHAI or the CSCI;

(b) the transfer of property, rights and liabilities of the Audit Commission to the CHAI or the CSCI;

(d) the transfer of property, rights and liabilities of the Crown to the CHAI or the CSCI.

(2) The property, rights and liabilities which may be the subject of a scheme include--

(a) any that would otherwise be incapable of being transferred or assigned, and

(b) rights and liabilities under a contract of employment.

(3) A scheme under this paragraph may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).

(4) A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme.

(5) A scheme under this paragraph may include supplementary, incidental, transitional and consequential provision.

Transfer

2 The property, rights and liabilities which are the subject of a scheme under paragraph 1 are, by virtue of this paragraph, transferred on the day appointed by the scheme in accordance with the provisions of the scheme.

Employment

3 The transfer by paragraph 2 of the rights and liabilities relating to an individual's contract of employment does not break the continuity of his employment, and, accordingly--

(a) he is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and

(b) his period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.

4 (1) Paragraph 2 does not operate to transfer the rights and liabilities under an individual's contract of employment if, before the transfer takes effect, he informs the transferor or transferee that he objects to the transfer.

(2) Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), his contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but he shall not, for any purpose, be regarded as having been dismissed by the transferor.

(3) This paragraph is without prejudice to any right of an individual employed by a transferor to terminate his contract of employment if (apart from the change of employer) a substantial change is made to his detriment in his working conditions.

5 For the purposes of this Schedule, where a person holds any office or employment under the Crown on terms which do not constitute a contract of employment between that person and the Crown--

(a) he shall be regarded as employed by the Crown by virtue of a contract of employment;

(b) the terms of his employment shall be regarded as constituting the terms of that contract; and

(c) in relation to such a person, the reference in paragraph 4(2) to dismissal by the transferor is to termination of his employment by the Crown.

Transitional

6 (1) Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 2 which is in effect immediately before it is transferred shall be treated as if done by or in relation to the transferee.

(2) There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

(3) A reference to the transferor in any document relating to anything so transferred shall be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.

(4) A transfer under paragraph 2 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

Section 147

SCHEDULE 9 Part 2: minor and consequential amendments

Public Records Act 1958 (c. 52)

1 In Schedule 1 to the Public Records Act 1958 (definition of public records), at the appropriate places in Part 2 of the Table at the end of paragraph 3 insert the following entries--

" Commission for Healthcare Audit and Inspection " ;

" Commission for Social Care Inspection " .

Public Bodies (Admission to Meetings) Act 1960 (c. 67)

2 In the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies to which the Act applies), after paragraph (bf) of paragraph 1 insert--

" (bg) the Commission for Healthcare Audit and Inspection;

(bh) the Commission for Social Care Inspection; " .

Parliamentary Commissioner Act 1967 (c. 13)

3 In the Parliamentary Commissioner Act 1967, in Schedule 2 (departments subject to investigation), at the appropriate places insert the following entries--

" Commission for Healthcare Audit and Inspection. " ;

" Commission for Social Care Inspection. "

Local Authority Social Services Act 1970 (c. 42)

4 In the Local Authority Social Services Act 1970, in Schedule 1, insert at the end--

" Health and Social Care (Community Health and Standards) Act 2003
Section 114	Consideration of complaints. "

Superannuation Act 1972 (c. 11)

5 In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which pension schemes may be made), at the appropriate places in the list of "Other Bodies" insert the following entries--

" The Commission for Healthcare Audit and Inspection. " ;

" The Commission for Social Care Inspection. " .

6 The CHAI and the CSCI must each pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as he may determine in respect of any increase attributable to paragraph 5 in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

House of Commons Disqualification Act 1975 (c. 24)

7 In the House of Commons Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries--

" Commission for Healthcare Audit and Inspection. " ;

" Commission for Social Care Inspection. " .

Northern Ireland Assembly Disqualification Act 1975 (c. 25)

8 In the Northern Ireland Assembly Disqualification Act 1975, in Part 2 of Schedule 1 (bodies of which all members are disqualified), at the appropriate places insert the following entries--

" Commission for Healthcare Audit and Inspection. " ;

" Commission for Social Care Inspection. " .

National Health Service Act 1977 (c. 49)

9 In section 19A(2) of the 1977 Act, after paragraph (a) insert--

" (aa) a complaint under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003, " .

Children Act 1989 (c. 41)

10 (1) The Children Act 1989 has effect subject to the following amendments.

(2) In section 65(6)(a), for "the National Care Standards Commission" substitute "the Commission for Social Care Inspection".

(3) In section 87(10)--

(a) in the definition of "appropriate authority", in paragraph (a), for "the National Care Standards Commission" substitute "the Commission for Social Care Inspection", and

(b) in the definition of "the Commission", for "the National Care Standards Commission" substitute "the Commission for Social Care Inspection".

(4) In paragraph 20 of Schedule 2, at the end of paragraph (a) insert "and the Commission for Social Care Inspection".

Health Service Commissioners Act 1993 (c. 46)

11 (1) The Health Service Commissioners Act 1993 has effect subject to the following amendments.

(2) In section 4(4)(a), after "can be made" insert "under section 113(1) or (2) of the Health and Social Care (Community Health and Standards) Act 2003 or".

(3) In section 11, after subsection (1B) insert--

" (1C) Where a Commissioner proposes to conduct an investigation pursuant to a complaint under section 3(1E), he shall afford to the person or body whose maladministration is complained of an opportunity to comment on any allegations contained in the complaint. "

(4) In section 12(1A), for "or (1C)" substitute "(1C) or (1E)".

(5) In section 14, after subsection (2D) insert--

" (2E) In any case where the Health Service Commissioner for England conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation--

(a) to the person who made the complaint;

(b) to any member of the House of Commons who to the Commissioner's knowledge assisted in the making of the complaint (or if he is no longer a member to such other member as the Commissioner thinks appropriate);

(d) to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

(e) to the Secretary of State.

(2F) In any case where the Health Service Commissioner for England decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons--

(a) to the person who made the complaint; or

(b) to any such member of the House of Commons as is mentioned in subsection (2E)(b). "

(6) In section 14A, at the end insert--

" (4) In any case where the Health Service Commissioner for Wales conducts an investigation pursuant to a complaint under section 3(1E) he shall send a report of the results of the investigation--

(a) to the person who made the complaint;

(b) to any Assembly member who to the Commissioner's knowledge assisted in the making of the complaint (or if he is no longer an Assembly member to such other member as the Commissioner thinks appropriate);

(d) to any person or body whose action was complained of in the complaint made to the person or body whose maladministration is complained of;

(e) to the Assembly First Secretary.

(5) In any case where the Health Service Commissioner for Wales decides not to conduct an investigation pursuant to a complaint under section 3(1E) he shall send a statement of his reasons--

(a) to the person who made the complaint; or

(b) to any such member of the Assembly as is mentioned in subsection (4)(b). "

(7) In section 14B--

(a) for "14A(1)", in each place, substitute "14A", and

(b) in subsection (2), for "or (1C)" substitute "(1C) or (1E)".

Audit Commission Act 1998 (c. 18)

12 (1) The Audit Commission Act 1998 has effect subject to the following amendments.

(2) In section 4, in subsection (7)--

(a) in paragraph (a), after "bodies," insert "the Commission for Healthcare Audit and Inspection and";

(b) in paragraph (b), after "bodies," insert "the Commission for Social Care Inspection and"; and

(3) At the end of that section insert--

" (8) The Commission must obtain the agreement of the Commission for Healthcare Audit and Inspection before preparing or altering provisions of a code which--

(a) are applicable to accounts which are or include accounts of health service bodies; and

(b) concern the function under section 5(1)(e). " .

(4) In section 7--

(a) in subsection (2)(a), for "such organisations" substitute "the Commission for Healthcare Audit and Inspection and such other organisations"; and

(b) in subsection (9), after paragraph (a) insert--

" (aa) the Commission for Healthcare Audit and Inspection; " .

(5) In section 33 (studies for improving economy etc in services), in subsection (6), at the end insert--

" (d) in the case of a study which has a connection with English local authority social services (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), also consult the Commission for Social Care Inspection; and

(e) in the case of a study which has a connection with Welsh local authority social services (within the meaning of that Part of that Act), also consult the National Assembly for Wales; " .

(6) In that section, after subsection (6) insert--

" (7) The following provisions of this section do not apply in relation to the bodies specified in subsection (8)--

(a) subsection (1)(a);

(b) subsection (1)(b), so far as relating to management other than financial management;

(8) Those bodies are--

(a) any Primary Care Trust;

(b) any Strategic Health Authority;

(c) any NHS trust (within the meaning of the National Health Service Act 1977) all or most of whose hospitals, establishments and facilities are situated in England. "

(7) In section 34(6), after paragraph (b) insert--

" (ba) in the case of a study which has a connection with any English local authority social service (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), the Commission for Social Care Inspection;

(bb) in the case of a study which has a connection with any Welsh local authority social service (within the meaning of that Part of that Act), the National Assembly for Wales; " .

(8) In section 35 (studies at request of bodies subject to audit), at the end insert--

" (4) This section does not apply in relation to the bodies specified in section 33(8). "

(9) For section 37 substitute--

" 37 Assistance to CHAI and CSCI

(1) The Audit Commission may provide assistance to the Commission for Healthcare Audit and Inspection or the Commission for Social Care Inspection in the discharge of any of their functions under Chapter 3 or 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003.

(2) Assistance under subsection (1) may be provided on such terms, including terms as to payment, as the Audit Commission and the Commission in question may agree. "

(10) In section 49(1)--

(a) after paragraph (b) insert--

" (ba) to the Commission for Social Care Inspection for the purposes of its functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003;

(bb) to the National Assembly for Wales for the purposes of its functions under Chapter 4 of that Part of that Act; " ,

(b) in paragraph (c), at the end insert "or for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Chapter 3 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003".

Government of Wales Act 1998 (c. 38)

13 In Schedule 5 to the Government of Wales Act 1998, for paragraph 12A substitute--

" 12A. The Commission for Healthcare Audit and Inspection. "

Protection of Children Act 1999 (c. 14)

14 In section 2A of the Protection of Children Act 1999, in subsection (2), for paragraph (a) substitute--

" (a) the Commission for Social Care Inspection;

(aa) the Commission for Healthcare Audit and Inspection; " .

Local Government Act 1999 (c. 27)

15 In section 25(2) of the Local Government Act 1999, for paragraphs (e) to (g) substitute--

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