SCHEDULES

SCHEDULE 5 E+W Further amendments relating to Part 1

Part 2 E+W Amendments of Health and Social Care (Community Health and Standards) Act 2003

48 E+W For section 143 of the 2003 Act substitute—

“143 Use 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;

(b) their functions under Chapter 6 of this Part;

(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.”

Commencement Information

I1 Sch. 5 para. 48 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(t)