Health and Social Care (Community Health and Standards) Act 2003

Supplementary E+W

85 Criteria E+W

The Secretary of State may, after consulting the CSCI, make regulations requiring the CSCI—

(a) to devise and publish statements of the criteria to be used in the exercise of any of its functions under this Chapter (other than section 79);

(b) to consult any person specified in the regulations before publishing any such statement; and

(c) to obtain the consent of the Secretary of State before publishing any such statement.

Commencement Information

I1 S. 85 partly in force; s. 85 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I2 S. 85 in force at 1.4.2005 for E. in so far as not already in force by S.I. 2005/457, art. 2(c)

86 Fees E+W

(1) The CSCI may from time to time make and publish provision requiring a local authority in England to pay a fee in respect of the exercise by the CSCI, in relation to that authority or to an English local authority social service provided by, or pursuant to arrangements made by, that authority, of such of its functions under section 79, 80 or 82 as may be prescribed.

(2) The amount of a fee payable by virtue of provision under subsection (1) shall be such as may be specified in, or calculated or determined under, the provision.

(3) Provision under subsection (1) may include provision—

(a) for different fees to be paid in different cases, or classes of case;

(b) for different fees to be paid by persons of different descriptions;

(c) for the amount of a fee to be determined by the CSCI in accordance with specified factors;

(d) for the time by which a fee must be paid.

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

(a) the manner in which provision under subsection (1) is to be made and published;

(b) the matters to be taken into account by the CSCI before making the provision.

(5) Before making any provision under subsection (1) the CSCI must consult such persons as appear to it appropriate.

(6) The Secretary of State may by regulations make provision for an independent person or panel to review the amount chargeable under subsection (1) in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.

(7) For the purpose of determining the fee payable by a local authority under subsection (1) it must provide the CSCI with such information, in such form, as the CSCI may require.

(8) A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.

Commencement Information

I3 S. 86 partly in force; s. 86 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I4 S. 86 in force at 30.10.2005 for E. by S.I. 2005/2925, art. 2(1)(a)

87 Reports and information E+W

(1) The CSCI must make copies of any report published by it under this Chapter available for inspection at its offices by any person at any reasonable time.

(2) Any person who requests a copy of such a report is entitled to have one on payment of such reasonable fee (if any) as the CSCI considers appropriate.

(3) The CSCI may charge a person such reasonable fee as it considers appropriate where it provides him, at his request, with any other information relevant to the discharge of the CSCI’s functions under this Chapter.

Commencement Information

I5 S. 87 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

88 Right of entry E+W

(1) A person authorised to do so by the CSCI may, if the CSCI 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 England; or

(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 an English local authority social service; or

(b) which the CSCI 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.

Modifications etc. (not altering text)

C1 S. 88 applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 6(3)

Commencement Information

I6 S. 88 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

89 Right of entry: supplementary E+W

(1) A person authorised by virtue of section 88 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;

(c) interview in private—

(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 88 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 88 or this section; and

(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 88 or this section, or

(b) fails to comply with any requirement of section 88 or this section,

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

Modifications etc. (not altering text)

C2 S. 89 applied (E.) (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 6(3)

Commencement Information

I7 S. 89 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

90 Power to require information etc E+W

(1) The CSCI 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 England of its social services functions; and

(b) which the CSCI considers it necessary or expedient to have for the purposes of this Chapter.

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

(a) the local authority;

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

(c) any NHS body.

(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.

Commencement Information

I8 S. 90 in force at 1.4.2004 for E. by S.I. 2004/759, art. 4(2)(a)

91 Power to require explanation E+W

(1) The Secretary of State may by regulations make provision requiring prescribed persons to provide to the CSCI, or to persons authorised by it, an explanation of—

(a) any documents, records or items inspected, copied or provided under sections 88 to 90,

(b) any information provided under those sections, or

(c) any matters which are the subject of the exercise of any functions of the CSCI under this Chapter,

in cases where the CSCI 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 CSCI.

(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.

Commencement Information

I9 S. 91 partly in force; s. 91 in force at Royal Assent for certain purposes, see s. 199(1)(4)

I10 S. 91 in force at 1.4.2004 for E. insofar as not already in force by S.I. 2004/759, art. 4(2)(a)