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

(The document as of February, 2008)

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(1) This section applies for the purpose of the exercise by the Assembly of its functions--

(a) under sections 92 to 95; and

(b) under regulations under section 96.

(2) The Assembly shall be concerned in particular with--

(a) the availability of, and access to, the services;

(b) the quality and effectiveness of the services;

(d) the economy and efficiency of their provision and their value for money;

(e) the availability and quality of information provided to the public about the services;

(f) the need to safeguard and promote the rights and welfare of children; and

(g) the effectiveness of measures taken by local authorities for the purpose specified in paragraph (f).

Ancillary powers

98 Right of entry

(1) A person authorised to do so by the Assembly may, if the Assembly considers it necessary or expedient for the purposes of this Chapter, at any reasonable time enter and inspect--

(a) any premises owned or controlled by a local authority in Wales;

(b) any premises falling within subsection (2), other than premises used wholly or mainly as a private dwelling.

(2) The premises referred to in subsection (1)(b) are premises--

(a) which are used, or proposed to be used, by any person in connection with the provision of a Welsh local authority social service; or

(b) which the Assembly reasonably believes to be so used, or proposed to be so used.

(3) A person who proposes to exercise any power of entry or inspection conferred by this section must if so required produce some duly authenticated document showing his authority to exercise the power.

99 Right of entry: supplementary

(1) A person authorised by virtue of section 98 to enter and inspect premises may, if he considers it necessary or expedient for the purposes of this Chapter--

(a) inspect, take copies of and remove from the premises any documents or records (including personal records) relating to the discharge by the local authority of its social services functions;

(b) inspect any other item and remove it from the premises;

(i) any person working at the premises; or

(ii) any person accommodated or cared for there who consents to be interviewed; and

(d) make any other examination into the state and management of the premises and treatment of persons accommodated or cared for there.

(2) The power in subsection (1)(a) includes--

(a) power to require any person holding or accountable for documents or records kept on the premises to produce them; and

(b) in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

(3) A person authorised by virtue of subsection (1)(a) to inspect any records is entitled to have access to, and to check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) A person authorised by virtue of section 98 to enter and inspect premises may--

(a) require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under section 98 or this section;

(b) take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(5) Any person who without reasonable excuse--

(a) obstructs the exercise of any power conferred by section 98 or this section, or

(b) fails to comply with any requirement of section 98 or this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

100 Power to require information

(1) The Assembly may at any time require any person specified in subsection (2) to provide it with any information, documents, records (including personal records) or other items--

(a) which relates or relate to the discharge by a local authority in Wales of its social services functions; and

(b) which the Assembly considers it necessary or expedient to have for the purpose of any of its functions under this Chapter.

(2) The persons referred to in subsection (1) are--

(a) the local authority;

(b) a person providing a Welsh local authority social service for the authority; or

(3) The power in subsection (1) to require the provision of information includes, in relation to records kept by means of a computer, power to require the provision of the records in legible form.

(4) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

101 Power to require explanation

(1) The Assembly may by regulations make provision requiring prescribed persons to provide to the Assembly, or to persons authorised by it, an explanation of--

(a) any documents, records or items inspected, copied or produced under sections 98 to 100,

(b) any information provided under those sections, or

in cases where the Assembly considers the explanation necessary or expedient for the purposes of this Chapter.

(2) Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Assembly.

(3) Any person who without reasonable excuse fails to comply with any requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Chapter 7 Functions under the Care Standards Act 2000

Functions of CHAI and CSCI

102 Transfer of functions to CHAI and CSCI

(1) The functions of the National Care Standards Commission under Part 2 of the Care Standards Act 2000 (c. 14) (registration and standards) are transferred in accordance with subsections (2) and (3).

(2) Its functions under that Part are transferred to the CHAI insofar as they relate to--

(a) independent hospitals;

(b) independent clinics; and

(3) Its functions under that Part are transferred to the CSCI insofar as they relate to--

(a) children's homes;

(b) care homes;

(d) domiciliary care agencies;

(e) nurses agencies;

(f) fostering agencies;

(g) voluntary adoption agencies; and

(h) adoption support agencies.

(4) In relation to any period after the coming into force of this subsection but before the coming into force of sections 80 and 81, the functions of the National Care Standards Commission under Part 3 of that Act are transferred to the CSCI.

103 General functions of CHAI

In the Care Standards Act 2000 (c. 14), after section 5 insert--

" 5A General duties of Commission for Healthcare Audit and Inspection

(1) The Commission for Healthcare Audit and Inspection (referred to in this Act as "the CHAI") shall have the general duty of keeping the Secretary of State informed about--

(a) the provision in England of independent health services; and

(b) in particular, the availability and quality of the services.

(2) The CHAI shall have the general duty of encouraging improvement in the quality of independent health services provided in England.

(3) The CHAI shall make information about independent health services provided in England available to the public.

(4) When asked to do so by the Secretary of State, the CHAI shall give him advice or information on such matters relating to the provision in England of independent health services as may be specified in his request.

(5) The CHAI may at any time give advice to the Secretary of State on--

(a) any changes which the CHAI thinks should be made, for the purpose of securing improvement in the quality of independent health services provided in England, in the standards set out in statements under section 23;

(b) any other matter connected with the provision in England of such services.

(6) In the exercise of its functions under this Act the CHAI must have particular regard to the need to safeguard and promote the rights and welfare of children.

(7) The Secretary of State may by regulations confer additional functions on the CHAI in relation to the provision in England of independent health services.

(8) In this section "independent health services" means services of the kind provided by persons for whom the CHAI is the registration authority. "

104 General functions of CSCI

In the Care Standards Act 2000, after section 5A (inserted by section 103 above) insert--

" 5B General duties of Commission for Social Care Inspection

(1) The Commission for Social Care Inspection (referred to in this Act as "the CSCI") shall have the general duty of keeping the Secretary of State informed about--

(a) the provision in England of registered social care services; and

(b) in particular, the availability and quality of the services.

(2) The CSCI shall have the general duty of encouraging improvement in the quality of registered social care services provided in England.

(3) The CSCI shall make information about registered social care services provided in England available to the public.

(4) When asked to do so by the Secretary of State, the CSCI shall give him advice or information on such matters relating to the provision in England of registered social care services as may be specified in his request.

(5) The CSCI may at any time give advice to the Secretary of State on--

(a) any changes which the CSCI thinks should be made, for the purpose of securing improvement in the quality of registered social care services provided in England, in the standards set out in statements under section 23;

(b) any other matter connected with the provision in England of registered social care services.

(6) In the exercise of its functions under this Act the CSCI must have particular regard to the need to safeguard and promote the rights and welfare of children.

(7) The Secretary of State may by regulations confer additional functions on the CSCI in relation to the provision in England of registered social care services.

(8) In this section, "registered social care services" means services of the kind provided by persons for whom the CSCI is the registration authority. "

105 Fees

(1) The Care Standards Act 2000 (c. 14) is amended as follows.

(2) After section 113 insert--

" 113A Fees payable under Part 2

(1) The CHAI and the CSCI may each from time to time make and publish provision determining the amount of any fee payable to it under Part 2.

(2) Provision under subsection (1) may include provision--

(a) for different amounts to be payable in different cases, or classes of case;

(b) for different amounts to be payable by persons of different descriptions.

(3) Before the CHAI or the CSCI makes any provision under subsection (1) it must consult such bodies as appear to it to be representative of the persons liable to pay the fee.

(4) No provision may be made under subsection (1) without the consent of the Secretary of State.

(5) If the Secretary of State considers it necessary or desirable to do so, he may by regulations make provision determining the amount of a fee payable to the CHAI or the CSCI under Part 2 instead of the amount for which provision is made under subsection (1).

(6) Before making any regulations under subsection (5) in respect of fees payable to the CHAI or the CSCI, the Secretary of State shall consult that body and such other persons as appear to him to be appropriate. "

(3) In section 12 (applications for registration), in subsection (2), for "a fee of the prescribed amount" substitute "a fee of the amount determined under section 113A, where the registration authority is the CHAI or the CSCI, or of the prescribed amount, where the registration authority is the Assembly."

(4) In section 15 (other applications), in subsection (3) for "a fee of such amount as may be prescribed" substitute " a fee of--

(a) the amount determined under section 113A, where the registration authority is the CHAI or the CSCI; or

(b) the prescribed amount, where the registration authority is the Assembly. "

(5) In that section, in subsection (5)--

(a) for "subsection (3)" substitute "subsection (3)(b)"; and

(b) for "the registration authority" substitute "the Assembly".

(6) In section 16 (regulations about registration), for subsection (3) substitute--

" (3) Persons registered under this Part must also pay to the registration authority, at such time as may be prescribed, an annual fee--

(a) of such amount as may be determined under section 113A, where the registration authority is the CHAI or the CSCI; and

(b) of such amount as may be prescribed, where the registration authority is the Assembly. "

(7) In section 22(7)(i) (fees in respect of notification of variation of corporate ownership etc), for the words from "of a fee" to the end substitute " , in respect of any notification required to be made by virtue of paragraph (h), of a fee of--

(i) such amount as may be determined under section 113A, where notification is made to the CHAI or the CSCI; or

(ii) the prescribed amount, where notification is made to the Assembly " .

Miscellaneous

106 Meaning of "independent medical agency"

In section 2(5) of the Care Standards Act 2000 (c. 14) (an "independent medical agency" does not include an independent clinic), after "clinic" insert "or an independent hospital".

107 Children's homes providing secure accommodation

(1) In section 4 of the Care Standards Act 2000 (c. 14) (basic definitions), in subsection (8)(a) (references to a description of establishment), after "children's home" insert ", a children's home providing accommodation for the purpose of restricting liberty,".

(2) In section 22 of that Act (regulations), in subsection (8) (regulations relating to children's homes)--

(a) omit paragraph (a), and

(b) in paragraph (b), for "mentioned in paragraph (a)" substitute "of restricting liberty".

108 Information and inspection

(1) Section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority) is amended as follows.

(2) After subsection (1), insert--

" (1A) The power under subsection (1) to require the provision of information includes--

(a) power to require the provision of copies of any documents or records (including medical and other personal records); and

(b) in relation to records kept by means of a computer, power to require the provision of the records in legible form. "

(3) In subsection (3)--

(a) in paragraph (b), for "(other than medical records)" substitute "(including medical and other personal records)"; and

(b) in paragraph (d), for "employed" substitute "working".

(4) In subsection (6), omit "and inspect any medical records relating to his treatment in the establishment".

109 Assembly: duties relating to children

In section 8 of the Care Standards Act 2000 (general functions of the Assembly), at the end insert--

" (6) The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of--

(a) its functions exercisable by virtue of section 5(b) and subsections (1) to (3) of this section; and

(b) any other functions exercisable by the Assembly corresponding to functions exercisable by the CSCI in relation to England. "

Chapter 8 Other functions of CSCI

110 Boarding schools and colleges

The functions of the National Care Standards Commission under section 87 of the Children Act 1989 (c. 41) (welfare of children accommodated in boarding schools and colleges) are transferred to the CSCI.

111 Boarding schools and colleges: reports

In section 87 of the Children Act 1989, after subsection (9) insert--

" (9A) Where the Commission or the National Assembly for Wales exercises the power conferred by subsection (5) in relation to a child, it must publish a report on whether the child's welfare is adequately safeguarded and promoted while he is accommodated by the school or college.

(9B) Where the Commission or the National Assembly for Wales publishes a report under this section, it must--

(a) send a copy of the report to the school or college concerned; and

(b) make copies of the report available for inspection at its offices by any person at any reasonable time.

(9C) Any person who requests a copy of a report published under this section is entitled to have one on payment of such reasonable fee (if any) as the Commission or the National Assembly for Wales (as the case may be) considers appropriate. "

112 Secure training centres

(1) The CSCI and the Secretary of State may make arrangements for the CSCI to conduct inspections of secure training centres in England.

(2) Inspections under this section shall be on such terms, including terms as to payment of the CSCI, as the CSCI and Secretary of State may agree in the arrangements.

(3) In this section, "secure training centre" has the same meaning as in section 43(1)(d) of the Prison Act 1952 (c. 52).

Chapter 9 Complaints

113 Complaints about health care

(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about--

(a) the exercise of any of the functions of an English NHS body or a cross-border SHA;

(b) the provision of health care by or for such a body;

(c) the provision of services by such a body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 (c. 8) in relation to the exercise of the health-related functions of a local authority.

(2) The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about--

(a) the exercise of any of the functions of a Welsh NHS body;

(b) the provision of health care by or for a Welsh NHS body;

(c) the provision of services by a Welsh NHS body or any other person in pursuance of arrangements made by the body under section 31 of the Health Act 1999 in relation to the exercise of the health-related functions of a local authority.

(3) Regulations under this section may provide for a complaint to be considered by one or more of the following--

(a) an NHS body;

(b) the CHAI;

(d) an independent panel established under the regulations;

(e) any other person or body.

(4) Regulations under this section may make provision for a complaint or any matter raised by a complaint--

(a) to be referred to a Health Service Commissioner for him to consider whether to investigate the complaint or matter under the Health Service Commissioners Act 1993 (c. 46) (and to be treated by him as a complaint duly referred to him under section 10 of that Act);

(b) to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.

114 Complaints about social services

(1) The Secretary of State may by regulations make provision about the handling and consideration of complaints made under the regulations about--

(a) the discharge by a local authority in England of any of its social services functions;

(b) the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;

(c) the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 31 of the Health Act 1999 in relation to the functions of an NHS body (within the meaning of that section).

(2) Regulations under subsection (1) may provide for a complaint to be considered by one or more of the following--

(a) the local authority in respect of whose functions the complaint is made;

(b) the CSCI;

(d) any other person or body.

(3) The Assembly may by regulations make provision about the handling and consideration of complaints made under the regulations about--

(a) the discharge by a local authority in Wales of any of its social services functions;

(b) the provision of services by another person pursuant to arrangements made by such an authority in the discharge of those functions;

(c) the provision of services by such an authority or any other person in pursuance of arrangements made by the authority under section 31 of the Health Act 1999 (c. 8) in relation to the functions of an NHS body (within the meaning of that section).

(4) Regulations under subsection (3) may provide for a complaint to be considered by one or more of the following--

(a) the local authority in respect of whose functions the complaint is made;

(b) an independent panel established under the regulations;

(5) Regulations under this section may provide for a complaint or any matter raised by a complaint--

(a) in the case of regulations under subsection (1), to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 (c. 7) who is a member of the Commission for Local Administration in England for him to consider whether to investigate the complaint or matter under that Part (and to be treated as if it had been duly made under section 26 of that Act);

(b) in the case of regulations under subsection (3), to be referred to a Local Commissioner under Part 3 of the Local Government Act 1974 who is a member of the Commission for Local Administration in Wales for him to consider whether to investigate the complaint or matter under that Part (and to be treated as if it had been duly made under section 26 of that Act);

(c) to be referred to any other person or body for him or it to consider whether to take any action otherwise than under the regulations.

(6) Regulations under this section may not make provision about complaints capable of being considered as representations under section 24D or section 26 of the Children Act 1989 (c. 41).

115 Complaints regulations: supplementary

(1) Regulations under subsection (1) or (2) of section 113 or under subsection (1) or (3) of section 114 ("the regulations") may, without prejudice to the generality of the subsection under which they are made, make the following provision.

(2) The regulations may make provision about--

(a) the persons who may make a complaint;

(b) the complaints which may, or may not, be made under the regulations;

(d) complaints which need not be considered;

(e) the period within which complaints must be made;

(f) the procedure to be followed in making, handling and considering a complaint;

(g) matters which are excluded from consideration;

(h) the making of a report or recommendations about a complaint;

(i) the action to be taken as a result of the complaint.

(3) The regulations may require--

(a) the making of a payment, in relation to the consideration of a complaint under the regulations, by any person or body in respect of whom the complaint is made;

(b) any such payment to be--

(i) made to such person or body as may be specified in the regulations; and

(ii) of such amount as may be specified in, or calculated or determined under, the regulations;

(c) an independent panel to review the amount chargeable under paragraph (a) in any particular case and, if the panel thinks fit, to substitute a lesser amount.

(4) The regulations may require any person or body who handles or considers complaints under the regulations to make information available to the public about the procedures to be followed under the regulations.

(5) The regulations may also--

(a) provide for different parts or aspects of a complaint to be treated differently;

(b) require the production of information or documents in order to enable a complaint to be properly considered;

(i) who is considering a complaint under the regulations; or

(ii) to whom a complaint has been referred;

and any such disclosure may be authorised notwithstanding any rule of common law that would otherwise prohibit or restrict the disclosure.

(6) The regulations may make provision about complaints which raise both matters falling to be considered under the regulations and matters falling to be considered under other statutory complaints procedures, including in particular provision for--

(a) enabling such a complaint to be made under the regulations; and

(b) securing that matters falling to be considered under other statutory complaints procedures are treated as if they had been raised in a complaint made under the appropriate procedures;

and in this subsection "statutory complaints procedures" means procedures established by or under any enactment.

116 Further consideration of representations under the Children Act 1989

(1) In the Children Act 1989 (c. 41), after section 26 (representations) insert--

" 26ZA Representations: further consideration

(1) The Secretary of State may by regulations make provision for the further consideration of representations which have been considered by a local authority in England under section 24D or section 26.

(2) The regulations may in particular make provision--

(a) for the further consideration of a representation by the Commission for Social Care Inspection ("the CSCI");

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