SCHEDULES

SCHEDULE 9Part 2: minor and consequential amendments

Care Standards Act 2000 (c. 14)

I3I1I916

The Care Standards Act 2000 has effect subject to the following amendments.

I1017

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;

I1118

1

Section 8 is amended as follows.

F12

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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).

I1219

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 ”.

I1320

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

I521

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

I1422

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

In section 31—

I15a

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

I4b

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

I624

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

I1625

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.

F226

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I2I727

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 ”.

I828

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 ”.

I1729

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.

I1830

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