SCHEDULES

SCHEDULE 9 E+W Part 2: minor and consequential amendments

Care Standards Act 2000 (c. 14) E+W

16 E+W The Care Standards Act 2000 has effect subject to the following amendments.

Commencement Information

I1 Sch. 9 para. 16 in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

I2 Sch. 9 para. 16 in force at 11.3.2004 for E. by S.I. 2004/759, art. 4(1)(b)

Valid from 01/04/2004

17 E+W In section 5, in paragraph (a), for “the National Care Standards Commission” substitute—

“(i) the CHAI, in the case of independent hospitals, independent clinics and independent medical agencies;

(ii) the CSCI, in the case of children’s homes, care homes, residential family centres, domiciliary care agencies, nurses agencies, fostering agencies, voluntary adoption agencies and adoption support agencies;”.

Valid from 01/04/2004

18 (1) Section 8 is amended as follows. E+W

(2) In subsection (3), for the words from “section 7” to “Commission” substitute “ section 5A or 5B is exercisable by the CHAI or the CSCI ”.

(3) At the end insert—

“(6) In this section, “Part II services” means services of the kind provided by persons registered under Part II, other than the provision of—

(a) medical or psychiatric treatment, or

(b) listed services (as defined in section 2).”

Valid from 01/04/2004

19 E+W In section 10—

(a) subsection (1) is omitted; and

(b) in subsection (6)(b), for “by the Commission” substitute “ by the CHAI or the CSCI under this Act ”.

Valid from 01/04/2004

20 E+W In section 11(4), for “the Commission” substitute “ the CHAI or the CSCI ”.

Valid from 01/04/2004

21 E+W In section 23(4)(d), after the second “or” insert “ against a voluntary adoption agency or adoption support agency for an offence under ”.

Valid from 01/04/2004

22 E+W In section 29(1)—

(a) for “the Commission”, in the first place, substitute “ the CHAI or the CSCI (as appropriate) ”, and

(b) for “the Commission”, in the second place, substitute “ either the CHAI or the CSCI ”.

23 E+W In section 31—

(a) in subsection (6), for “powers” substitute “ power ”; and

(b) in subsection (7), for “the Commission” substitute “ the CHAI or the CSCI ”.

Commencement Information

I3 Sch. 9 para. 23(b) in force at 11.3.2004 for specified purposes by S.I. 2004/759, art. 5(1)(b)

Valid from 01/04/2004

24 E+W In section 36A for “the Commission”, in all places, substitute “ the CSCI ”.

Valid from 01/04/2004

25 E+W In section 42, at the end insert—

“(5) Regulations under subsection (1) made by the Secretary of State may in particular specify whether, for the purposes of the application of this Part to any person, the registration authority is to be the CHAI or the CSCI.”

Valid from 01/04/2004

26 E+W In section 45(4)—

(a) omit “Subject to section 47(6)”;

(b) for “the Commission” substitute “ the CSCI ”; and

(c) at the end insert “ ; and an inspection under this section shall be regarded for all purposes as undertaken under section 80 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

27 E+W In section 51(1), for the words from “in relation to” to “registration authority” substitute “ in England in relation to which powers conferred by section 80 of the Health and Social Care (Community Health and Standards) Act 2003 may be exercised to pay to the CSCI ”.

Commencement Information

I4 Sch. 9 para. 27 in force at 11.3.2004 for E. by S.I. 2004/759, art. 4(1)(b)

Valid from 01/04/2004

28 E+W In section 55(3)(e)—

(a) for “the Commission” substitute “ the CSCI ”;

(b) for “section 31 or 46 of this Act” substitute “ section 31 of this Act or section 88 or 98 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Valid from 01/04/2004

29 E+W In section 113, after subsection (1) insert—

“(1A) The powers conferred by this section are exercisable by the Secretary of State if he is satisfied that—

(a) the CHAI or the CSCI has without reasonable excuse failed to discharge, or properly to discharge, any of its functions under this Act, or

(b) in discharging any of its functions under this Act the CHAI or the CSCI has without reasonable excuse failed to comply with any directions given by him in relation to those functions.”

Valid from 01/04/2004

30 E+W In section 121, in the Table in subsection (13), insert the following entries at the appropriate places— “ CHAI Section 5A ”; and “ CSCI Section 5B ”.