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

12 (1) The Audit Commission Act 1998 has effect subject to the following amendments. E+W

(2) In section 4, in subsection (7)—

(a) in paragraph (a), after “bodies,” insert “ the Commission for Healthcare Audit and Inspection and ”;

(b) in paragraph (b), after “bodies,” insert “ the Commission for Social Care Inspection and ”; and

(c) in paragraph (c), after “case,” insert “ the National Assembly for Wales and ”.

(3) At the end of that section insert—

“(8) The Commission must obtain the agreement of the Commission for Healthcare Audit and Inspection before preparing or altering provisions of a code which—

(a) are applicable to accounts which are or include accounts of health service bodies; and

(b) concern the function under section 5(1)(e).”.

(4) In section 7—

(a) in subsection (2)(a), for “such organisations” substitute “ the Commission for Healthcare Audit and Inspection and such other organisations ”; and

(b) in subsection (9), after paragraph (a) insert—

“(aa) the Commission for Healthcare Audit and Inspection;”.

(5) In section 33 (studies for improving economy etc in services), in subsection (6), at the end insert—

“(d) in the case of a study which has a connection with English local authority social services (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), also consult the Commission for Social Care Inspection; and

(e) in the case of a study which has a connection with Welsh local authority social services (within the meaning of that Part of that Act), also consult the National Assembly for Wales;”.

(6) In that section, after subsection (6) insert—

“(7) The following provisions of this section do not apply in relation to the bodies specified in subsection (8)—

(a) subsection (1)(a);

(b) subsection (1)(b), so far as relating to management other than financial management;

(c) subsection (4).

(8) Those bodies are—

(a) any Primary Care Trust;

(b) any Strategic Health Authority;

(c) any NHS trust (within the meaning of the National Health Service Act 1977) all or most of whose hospitals, establishments and facilities are situated in England.”

(7) In section 34(6), after paragraph (b) insert—

“(ba) in the case of a study which has a connection with any English local authority social service (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), the Commission for Social Care Inspection;

(bb) in the case of a study which has a connection with any Welsh local authority social service (within the meaning of that Part of that Act), the National Assembly for Wales;”.

F1 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In section 49(1)—

(a) after paragraph (b) insert—

“(ba) to the Commission for Social Care Inspection for the purposes of its functions under Chapter 5 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003;

(bb) to the National Assembly for Wales for the purposes of its functions under Chapter 4 of that Part of that Act;”,

(b) in paragraph (c), at the end insert “ or for the purposes of the functions of the Commission for Healthcare Audit and Inspection under Chapter 3 of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 ”.

Textual Amendments

F1 Sch. 9 para. 12(8) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 11; S.I. 2008/172, art. 2(1)(u)(i)

F2 Sch. 9 para. 12(9) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 10; S.I. 2008/172, art. 2(1)(u)(i)

Commencement Information

I1 Sch. 9 para. 12 in force at 1.4.2004 by S.I. 2004/759, art. 9