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

Miscellaneous E+W

106 Meaning of “independent medical agency” E+W

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 ”.

Commencement Information

I1 S. 106 in force at 1.4.2004 by S.I. 2004/759, art. 3(1)

I2 S. 106 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

107 Children’s homes providing secure accommodation E+W

(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 ”.

Commencement Information

I3 S. 107 in force at 1.4.2006 for W. by S.I. 2005/3285, art. 2(2)(c)

108 Information and inspection E+W

(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”.

Commencement Information

I4 S. 108 in force at 1.4.2004 for W. by S.I. 2004/873, art. 2(e)

I5 S. 108 in force at 1.4.2004 by S.I. 2004/759, art. 5(2)(a)

109 Assembly: duties relating to children E+W

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.”

Commencement Information

I6 S. 109 in force at 1.4.2004 by S.I. 2004/873, art. 2(d)