The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Transitional and Consequential Provisions) Order 2004

Functions of the NCSC under Part 3 of the 2000 Act – transitional provisions

12.—(1) Anything which immediately before 1st April 2004 is in the process of being done by or in relation to the NCSC may, if it relates to any Part 3 function of that Commission, be continued by the CSCI under the relevant analogous function.

(2) Anything done by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any Part 3 function of that Commission is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the CSCI under the relevant analogous function.

(3) Any reference to the NCSC in any document constituting or relating to anything to which paragraph (1) or (2) applies in relation to a function is, so far as is required for giving effect to those provisions, to be construed as a reference to the CSCI.

(4) In this article,

(a) “Part 3 function” means—

(i) requiring information under section 45(1)(a) of the 2000 Act,

(ii) an inspection carried out by a person authorised under section 45(1)(b) or any action carried out under regulations made under section 45(4) of the 2000 Act,

(iii) a report made under section 47(1) of the 2000 Act,

(iv) a report made under section 47(3) or 47(4)(a) of the 2000 Act, and

(v) a notice given under section 47(4)(b) of the 2000 Act; and

(b) “relevant analogous function” means—

(i) in relation to the Part 3 function referred to in sub-paragraph (a)(i), information given under section 90(1) of the Act,

(ii) in relation to the Part 3 functions referred to in sub-paragraph (a)(ii), an investigation carried out under section 80(1) of the Act,

(iii) in relation to the Part 3 function referred to in sub-paragraph (a)(iii), action taken under section 81(3)(a) of the Act,

(iv) in relation to the Part 3 functions referred to in sub-paragraph (a)(iv), information given under section 77(1) of the Act, and

(v) in relation to the Part 3 function referred to in sub-paragraph (a)(v), action taken under section 81(4)of the Act.

(1)

See section 88 of the Act for right of entry.