SCHEDULE 2Transitory provision in relation to functions of the CHAI and the CSCI under the 2000 Act
4
1
The 2000 Act will have effect subject to the modifications set out in sub-paragraphs (2) to (13).
2
In section 5 (registration authorities), in subsection (1)(a)16—
a
in sub-paragraph (i), for “the CHAI” substitute “the Care Quality Commission”; and
b
in sub-paragraph (ii), for “the CSCI” substitute “the Care Quality Commission”.
3
In section 11 (requirement to register), in subsection (4)17, for “the CHAI, the CSCI” substitute “the Care Quality Commission”.
4
In section 12 (applications for registration), in subsection (2)18―
a
for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and
b
after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.
5
In section 15 (applications by registered persons), in subsection (3)19―
a
in paragraph (a), for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and
b
in paragraph (b), after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.
6
In section 16 (regulations about registration), in subsection (3)20―
a
in paragraph (a), for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and
b
in paragraph (b), after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.
7
In section 22 (regulation of establishments and agencies), in subsection (7)(i)21—
a
in sub-paragraph (i), for “the CHAI, the CSCI” substitute “the Care Quality Commission under section 5(1)(a)(i)”; and
b
in sub-paragraph (ii), after “the Assembly” insert “or the Care Quality Commission under section 5(1)(a)(ii)”.
8
In section 29 (proceedings for offences)22, for subsection (1)(a) substitute―
a
the Care Quality Commission or the CIECSS; or
9
In section 31 (inspections by persons authorised by registration authority)23, in subsection (7), for “the CHAI, the CSCI” substitute “the Care Quality Commission”.
10
In section 42 (power to extend the application of Part 2)24, in subsection (5), for “the CHAI, the CSCI” substitute “the Care Quality Commission”.
11
In section 55 (interpretation), after subsection (3)(ea)25 insert—
eb
staff of the Care Quality Commission who inspect under Part 2 of the Care Standards Act 2000 premises used for or in connection with a care home, domiciliary care agency, nurses agency or adult placement scheme;
12
In section 113A (fees payable under Part 2)26—
a
in subsection (1), for “The CHAI, the CSCI” substitute “The Care Quality Commission, in cases where it is the registration authority under section 5(1)(a)(i)”;
b
in subsection (3), for “the CHAI, the CSCI” substitute “the Care Quality Commission”;
c
in subsection (5), for “the CHAI, the CSCI” substitute “the Care Quality Commission, in cases where it is the registration authority under section 5(1)(a)(i)”; and
d
in subsection (6), for “the CHAI, the CSCI” substitute “the Care Quality Commission”.
13
In this paragraph references to section 5(1)(a)(i) and (ii) of the 2000 Act are references to those provisions as modified by sub-paragraph (2).