Part 2Standards
Chapter 1Regulatory bodies
F2341The Commission for Healthcare Audit and Inspection
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F2342The Commission for Social Care Inspection
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2343Transfer of property etc to CHAI and CSCI
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F2344Abolition of former regulatory bodies
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C4Chapter 2NHS health care: introductory
I21C1C245Quality in health care
F711
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Part “health care” means—
a
services provided to individuals for or in connection with the prevention, diagnosis or treatment of illness; and
b
the promotion and protection of public health.
3
In subsection (2)(a), “illness” has the meaning given by F5section 275 of the 2006 Act.
F274
In this Chapter references to the provision of health care for a body include in the case of an English NHS body references to the provision of health care in respect of which direct payments are made by that body under section 12A(1), or under regulations under section 12A(4), of the National Health Service Act 2006.
F2846Standards set by Secretary of State
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2347Standards set by Assembly
1
The Assembly may prepare and publish statements of standards in relation to the provision of health care by and for Welsh NHS bodies.
2
The Assembly must keep the standards under review and may publish amended statements whenever it considers it appropriate.
3
The Assembly must consult such persons as it considers appropriate—
a
before publishing a statement under this section;
b
before publishing an amended statement under this section which in the opinion of the Assembly effects a substantial change in the standards.
C34
The standards set out in statements under this section are to be taken into account by F72a Welsh NHS body in discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).
F2647ACode of practice relating to health care associated infections
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F2647B Consultation etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2647CEffect of code under section 47A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 3NHS health care: functions of CHAI
Healthcare provided by and for NHS bodies
F2948Introductory
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2949National performance data
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2950Annual reviews
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F2951Reviews: England and Wales
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F2952Reviews and investigations: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2953Failings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2953AFailings in connection with code under section 47A: improvement notices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2953B Code of practice: action by CHAI following service of improvement notice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2954Functions relating to Secretary of State and Assembly
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2955Reviews of data
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2956Co-ordination of reviews
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other functions
F2957Studies as to economy, efficiency etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2958Additional functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F2959Criteria
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2960Provision of material
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2961Co-operation between CHAI and the regulator
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2962Fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2963Fees: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2964Reports and information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2965Co-operation between CHAI and the Audit Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3666Right of entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3267Right of entry: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3368Power to require documents and information etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3469Power to require explanation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3569AProvision of information by Auditor General for Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C5Chapter 4NHS health care: functions of National Assembly for Wales
Pt. 2 Ch. 4 modified by 2004 c. 17, s. 10(4) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)
Reviews and investigations
I2470Reviews and investigations relating to Wales
1
The Assembly has the function of conducting reviews of, and investigations into, the provision of health care by and for Welsh NHS bodies.
2
The Assembly may in particular under this section conduct—
a
a review of the overall provision of health care by and for Welsh NHS bodies;
b
a review of the overall provision of a particular kind of health care by and for Welsh NHS bodies;
c
a review of, or investigation into, the provision of any health care by or for a particular Welsh NHS body.
3
The Assembly has the function of conducting reviews of the F73steps taken by a Welsh NHS body for the purpose of discharging a duty under section 12A(1), 20A(1) or 24A(1) of the National Health Service (Wales) Act 2006 (duties to secure quality in the provision of health services).
F13A
Before conducting a review under this section the Assembly must—
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.
4
In exercising its functions under this section in relation to any health care the Assembly shall be concerned in particular with—
a
the availability of, and access to, the health care;
b
the quality and effectiveness of the health care;
c
the financial or other management of the health care and the economy and efficiency of its provision;
d
the availability and quality of information provided to the public about the health care;
e
the need to safeguard and promote the rights and welfare of children; and
f
the effectiveness of measures taken for the purpose specified in paragraph (e) by the body in question and any person who provides, or is to provide, health care for that body,
and must take into account the standards set out in statements published under section 47.
5
For the purposes of this section the Assembly may carry out an inspection of—
a
any Welsh NHS body;
b
any other person who provides, or is to provide, health care for a Welsh NHS body (in Wales or elsewhere).
6
Where the Assembly conducts a review under this section it must publish a report.
I2571Reporting to Secretary of State and regulator
1
The Assembly must report to the Secretary of State where, after conducting a review or investigation under section 70, it is of the view that—
a
there are significant failings in relation to the provision of health care by or for an English NHS body or cross-border SHA;
b
there are significant failings in the running of an English NHS body or cross-border SHA; or
c
there are significant failings in the running of any body, or the practice of any individual, providing health care for an English NHS body or cross-border SHA.
2
A report under subsection (1) may include a recommendation that, with a view to remedying the failings, the Secretary of State take special measuresF45or request another person to take special measures in relation to—
a
the English NHS body or cross-border SHA; and
b
in a case falling within paragraph (c) of subsection (1), any person, other than a Welsh NHS body, referred to in that paragraph.
F463
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F464
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
A report under this section must give the Assembly’s reasons for its view and for any recommendation made.
Ancillary powers
I2672Right 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 Welsh NHS body;
b
any other premises used, or proposed to be used, for any purpose connected with—
i
the provision of health care by or for a Welsh NHS body; or
ii
the discharge of any of the functions of a Welsh NHS body.
2
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.
I2773Right of entry: supplementary
1
A person authorised by virtue of section 72 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);
b
inspect any other item and remove it from the premises;
c
interview in private—
i
any person working at the premises;
ii
any person receiving health care there who consents to be interviewed; and
d
make any other examination into the state and management of the premises and treatment of persons receiving health care 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 72 to enter and inspect any 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 72 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 72 or this section, or
b
fails to comply with any requirement of section 72 or this section,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
I2874Power to require documents and 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—
i
the provision of health care by or for a Welsh NHS body; or
ii
the discharge of any of the functions of a Welsh NHS body; and
b
which the Assembly considers it necessary or expedient to have for the purposes of this Chapter.
2
The persons referred to in subsection (1) are—
a
the Welsh NHS body;
b
any person providing health care for, or exercising functions of, the Welsh NHS body;
c
a local authority in Wales.
3
The power in subsection (1) to require the provision of records 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.
I1I2975Power 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 provided under sections 72 to 74,
b
any information provided under those sections, or
c
any matters which are the subject of the exercise of any function of the Assembly under section 70, and
in circumstances 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 5Social services: functions of CSCI
Provision of social services
F3076Introductory
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3077Information and advice
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3078Review of studies and research
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3079Annual reviews
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3080Other reviews and investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3081Failings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other functions
F3082Studies as to economy, efficiency etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3083Joint working with Audit Commission
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3084Additional functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary
F3085Criteria
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3086Fees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3087Reports and information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3788Right of entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3889Right of entry: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3990Power to require information etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4091Power to require explanation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60Chapter 6Social services: functions of National Assembly for Wales
Pt. 2 Ch. 6 repealed (29.4.2019) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 18; S.I. 2019/864, art. 2(3)(d), Sch. (with arts. 3-13)
Provision of social services
F6092General function
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6093Reviews of studies and research
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6094Reviews and investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6095Studies as to economy, efficiency etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6096Additional functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6097General considerations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Ancillary powers
F6098Right of entry
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6099Right of entry: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60100Power to require information
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F60101Power to require explanation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 7Functions under the Care Standards Act 2000
Functions of CHAI and CSCI
F24102Transfer of functions to CHAI and CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24103General functions of CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24104General functions of CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2105Fees
I42I50I52I541
The Care Standards Act 2000 (c. 14) is amended as follows.
I412
After section 113 insert—
113AFees 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.
I49I533
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.
”
I49I534
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.
I49I535
In that section, in subsection (5)—
a
for “subsection (3)” substitute “
subsection (3)(b)
”
; and
b
for “the registration authority” substitute “
the Assembly
”
.
I49I51I546
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.
I49I537
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
I14I33106Meaning 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
”
.
I46107Children’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
”
.
I34I16108Information 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”.
I30109Assembly: 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 8Other functions of CSCI
F10110Boarding schools and colleges
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20I35111Boarding 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.
F11112Secure training centres
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter 9Complaints
I3113Complaints about health care
I551
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 F68(including any function that consists of exercising the function of another person);
b
the provision of health care by or for such a body;
c
F66d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I592
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.
F43d
the provision of redress by or for a Welsh NHS body under the NHS Redress (Wales) Measure 2008.
I55I593
Regulations under this section may provide for a complaint to be considered by one or more of the following—
a
an NHS body;
F18b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
an independent lay person;
d
an independent panel established under the regulations;
e
any other person or body.
I55I594
Regulations under this section may make provision for a complaint or any matter raised by a complaint—
a
F2in the case of regulations under subsection (1), 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);
F3aa
in the case of regulations under subsection (2), to be referred to the Public Services Ombudsman for Wales for him to consider whether to investigate the complaint or matter under F64the Public Services Ombudsman (Wales) Act 2019 (and to be treated by him as a complaint duly referred to him under F65section 3(3) 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.
I4114Complaints about social servicesF50: England
I561
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 F7section 75 of the National Health Service Act 2006 or section 33 of the National Health Service (Wales) Act 2006 in relation to the functions of an NHS body (within the meaning of that section).
I562
Regulations F53under this section 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;
F19b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
an independent panel established under the regulations;
d
any other person or body.
F54I453
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54I454
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I47I565
Regulations under this section may provide for a complaint or any matter raised by a complaint—
a
F52b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I566
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).
I5I57C6115Complaints regulations: supplementary
I481
Regulations under subsection (1) or (2) of section 113 or under subsection (1) F55... of section 114 (“the regulations”) may, without prejudice to the generality of the subsection under which they are made, make the following provision.
I482
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;
c
the persons to whom complaints may be made;
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.
I603
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.
I484
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.
I485
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;
c
authorise the disclosure of information or documents relevant to a complaint to a person or body—
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.
I486
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.
116Further consideration of representations under the Children Act 1989
F121
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F563
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6I43117Representations relating to special guardianship support services
I39I441
In section 26 of the Children Act 1989 (c. 41) (representations), after subsection (3B) insert—
3C
The duty under subsection (3) extends to any representations (including complaints) which are made to the authority by—
a
a child with respect to whom a special guardianship order is in force,
b
a special guardian or a parent of such a child,
c
any other person the authority consider has a sufficient interest in the welfare of such a child to warrant his representations being considered by them, or
d
any person who has applied for an assessment under section 14F(3) or (4),
about the discharge by the authority of such functions under section 14F as may be specified by the Secretary of State in regulations.
I402
Section 14G of that Act (special guardianship support services: representations) shall cease to have effect.
I36118Complaints about handling of complaints
In section 3 of the Health Service Commissioners Act 1993 (c. 46) (remit of Commissioners), after subsection (1D) insert—
1E
Where a complaint is duly made to a Commissioner by or on behalf of a person that the person has sustained injustice or hardship in consequence of maladministration by any person or body in the exercise of any function under section 113 of the Health and Social Care (Community Health and Standards) Act 2003 (complaints about health care), the Commissioner may, subject to the provisions of this Act, investigate the alleged maladministration.
I37119Complaints: data protection
In section 31 of the Data Protection Act 1998 (c. 29) (regulatory activity) at the end insert—
6
Personal data processed for the purpose of the function of considering a complaint under section 113(1) or (2) or 114(1) or (3) of the Health and Social Care (Community Health and Standards) Act 2003, or section 24D, 26, 26ZA or 26ZB of the Children Act 1989, are exempt from the subject information provisions in any case to the extent to which the application of those provisions to the data would be likely to prejudice the proper discharge of that function.
Chapter 10Supplementary and general
Joint working
F31I7I17120Co-operation etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31121Reviews and investigations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31122Joint annual reviews
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31123Power to assist
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Arrangements with public authorities
F31124Arrangements with Ministers etc: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31125Arrangements with Ministers etc: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31126Arrangements with the Isle of Man and Channel Islands: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31127Arrangements with the Isle of Man and Channel Islands: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reports
F31128Reports: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31129Reports: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relationship with government
F31130Duty to have regard to government policy: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31131Duty to have regard to government policy: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31132Failure in discharge of functions: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31133Failure in discharge of functions: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Inquiries
F31134Inquiries: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31135Inquiries: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information
F41136Disclosure of information obtained by CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42137Section 136: defence
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31138Information obtained by CHAI: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31139Information obtained by CSCI: supplementary
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31140Code of practice: CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31141Code of practice: CSCI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Wales: supplementary
I31142Annual reports of Assembly
As soon as possible after the end of each financial year of the Assembly, the Assembly must make and publish a report or reports on—
a
what it has found during the year in the course of exercising—
i
its functions under Chapter 4 F61... of this Part (other than any function of making regulations);
ii
its functions exercisable by virtue of F62section 5(1)(b) and 8(1) to (3) of the Care Standards Act 2000 (c. 14);
b
the way in which the Assembly has during the year exercised those functions.
143F20Use by Welsh Ministers of information
1
The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.
2
The functions of the Welsh Ministers referred to in subsection (1) are—
a
their functions under Chapter 4 of this Part;
F63b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;
d
their functions under section 80 of the Children Act 1989;
e
their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);
f
any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.
3
References to functions in subsection (2) do not include functions of making regulations.
F21I32144Inquiries: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22145Co-operation between Assembly and CHAI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25145ADuties in connection with the Auditor General for Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
I18146Offences by bodies corporate
1
This section applies where any offence under this Part is committed by a body corporate.
2
If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a
any director, manager, or secretary of the body corporate, or
b
any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
3
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
a
to any other similar officer of the body; and
b
where the body is a local authority or NHS body, to any officer or member of the authority or NHS body.
I9I11I12I13I22I15I19I38I58147Minor and consequential amendments
Schedule 9 (which makes minor and consequential amendments relating to this Part) has effect.
I8I10148Interpretation of Part 2
In this Part—
F49...
F14...
“cross-border SHA” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;
F15...
“English local authority social service” means—
- a
a service which is provided, in any place, by a local authority in England in the exercise of any of its social services functions;
- b
a service which is provided, in any place, by another person pursuant to arrangements made by a local authority in England in the exercise of its social services functions;
- c
a service which—
- i
is provided, in any place, by a local authority in England, or by another person pursuant to arrangements made by a local authority in England, under section 2(1)(b) of the Local Government Act 2000 (c. 22) F44or section 1 of the Localism Act 2011; and
- ii
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions
F9but does not include anything which may be inspected by Her Majesty's Chief Inspector of Education, Children's Services and Skills under Chapter 4 of Part 8 of the Education and Inspections Act 2006.
- i
- a
“English NHS body” means—
F16...
“health care” has the meaning given by section 45(2);
“local authority”F58 —
- a
in relation to England, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1 of that Act);
- b
F59in relation to Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014
- a
F17...
“NHS body” means—
- a
an English NHS body;
- b
a Welsh NHS body;
- c
a cross-border SHA;
- a
“NHS trust” has the same meaning as in F8the 2006 Act;
“personal records” includes medical records;
“prescribed” means prescribed by regulations made by—
- a
the Secretary of State;
- b
in the case of sections 63, 75 and 101, the Assembly;
- a
“regulator” means the Independent Regulator of NHS Foundation Trusts;
F57“social services functions” in relation to —
- a
a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 but does not include—
- i
functions within section 135(1)(d) or (e) of the Education and Inspections Act 2006, or
- ii
functions prescribed by regulations under section 135(1)(f) of that Act;
- i
- b
a local authority in Wales, has the same meaning as in section 143 of the Social Services and Well-being (Wales) Act 2014;
- a
“ Welsh local authority social service ” means—
- a
a service provided, in any place, by a local authority in Wales in the exercise of any of its social services functions;
- b
a service provided, in any place, by another person pursuant to arrangements made by a local authority in Wales in the exercise of its social services functions;
- c
a service which—
- i
is provided, in any place, by a local authority in Wales, or by another person pursuant to arrangements made by a local authority in Wales, under section 2(1)(b) of the Local Government Act 2000 (c. 22); and
- ii
is similar in nature to a service which could be provided by the authority in the exercise of any of its social services functions;
- i
- a
“ Welsh NHS body ” means—
- a
a Local Health Board;
- b
an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales;
- c
a Special Health Authority performing functions only or mainly in respect of Wales.
- a
149References to the provision of health care
1
For the purposes of this Part, a person provides health care for another person if he provides it—
a
at the direction of the other person;
b
in accordance with, or by virtue of, an agreement or arrangements made by the other person (whether or not with the person providing the health care); or
c
otherwise on behalf of the other person.
2
References in this section to the provision of health care include references to its provision jointly with another person.
Pt. 2 Ch. 2 modified by 2004 c. 17, s. 10(4) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)