Made | 9th March 2004 | ||
Laid before Parliament | 10th March 2004 | ||
Coming into force | 1st April 2004 |
(3) The amendment or revocation of any provision by this Order has the same application as the provision being amended or revoked.
(4) Articles 9 to 14 apply to England only.
Consequential amendments and revocations
2.
The enactments specified in Schedule 1 are amended as there specified.
3.
In the enactments specified in column 1 of Schedule 2, in the provisions specified in column 2, there is inserted in the appropriate alphabetical position -
4.
In the enactments specified in column 1 of Schedule 3, in the provisions specified in column 2, for "Commission for Health Improvement" there is substituted "Commission for Healthcare Audit and Inspection".
5.
In the enactments specified in column 1 of Schedule 4, in the provisions specified in column 2, for "National Care Standards Commission" there is substituted "Commission for Social Care Inspection".
6.
The National Care Standards Commission (Director of Private and Voluntary Health Care) Regulations 2002[6] are hereby revoked.
7.
The National Care Standards Commission (Membership and Procedure) Regulations 2001[7] are hereby revoked.
8.
Articles 3 to 5 of the Health Act 1999 (Supplementary and Consequential Provisions) Order 1999[8] are hereby revoked.
NCSC - accounts and report- consequential provisions
9.
- (1) The Secretary of State must prepare the annual accounts of the NCSC in respect of the year beginning on 1st April 2003 and ending on 31st March 2004 ("the financial year 2003-2004") in such form as he considers appropriate.
(2) The Secretary of State must send copies of those annual accounts to the Comptroller and Auditor General.
(3) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament.
(4) The CSCI and the CHAI must provide to the Secretary of State such information and other assistance as he may require to enable him to carry out the duty in paragraph (1).
10.
- (1) As soon as possible after the end of the financial year 2003-2004, the Secretary of State must make a report on the exercise by the NCSC of its functions during that financial year.
(2) The report made under paragraph (1) must be published in a manner which the Secretary of State considers appropriate.
(3) The CSCI and the CHAI must provide to the Secretary of State such information and other assistance as he may require to enable him to carry out the duty in paragraph (1).
Functions of the NCSC under Part 2 of the 2000 Act - transitional provisions
11.
- (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 function transferred under section 102(1) of the Act, be continued by or in relation to the transferee.
(2) Anything done (or having effect as if done) by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function transferred under section 102(1) of the Act is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the transferee.
(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 reference to the transferee.
(4) In this article "transferee", in relation to a function, means the body to which the function is transferred under section 102(1).
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,
(b) "relevant analogous function" means -
Other functions of the NCSC - transitional provisions
13.
- (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 function conferred on the NCSC by section 2A of the Protection of Children Act 1999[10] ("the 1999 Act"), be continued by the relevant transferee.
(2) Anything done by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function conferred on the NCSC under section 2A of the 1999 Act, is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the relevant transferee.
(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 relevant transferee.
(4) In this article -
14.
- (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 function conferred on that Commission under any enactment[11] other than a function referred to in articles 11 to 13 may, so far as is required for completing that process, be continued by the CSCI as though that enactment conferred that function on the CSCI.
(2) Anything done (or having effect as if done) by or in relation to the NCSC before 1st April 2004 for the purpose of, or in connection with, any function conferred on that Commission under any enactment other than a function referred to in articles 11 to 13 is, so far as is required for continuing its effect, to have effect as if done by, or in relation to, the CSCI as though that enactment conferred that function on the CSCI.
(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.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State, Department of Health
9th March 2004
(2) In regulation 5(1)(d) (disqualification for appointment: chairman and non-officer members), at the beginning, insert "subject to sub-paragraph (dza),".
(3) After regulation 5(1)(d), insert -
Title of Enactment | Provision to be amended |
The Care Homes Regulations 2001[22] | Regulation 2(1) |
The Children's Homes Regulations 2001[23] | Regulation 2(1) |
The Fostering Services Regulations 2002[24] | Regulation 2(1) |
Nurses Agencies Regulations 2002[25] | Regulation 2(1) |
The Residential Family Centres Regulations 2002[26] | Regulation 2(1) |
The Domiciliary Care Agencies Regulations 2002[27] | Regulation 2(1) |
The Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003[28] | Regulation 1(2) |
The National Care Standards Commission (Fees and Frequency of Inspections) (Adoption Agencies) Regulations 2003[29] | Regulation 2(1) |
Title of Enactment | Provisions to be amended |
Welsh Language Schemes (Public Bodies) Order 2001([30] | The Schedule to the Order |
Commission for Patient and Public Involvement in Health (Functions) Regulations 2002[31] |
Regulation 3(a) Regulation 4(a) Regulation 5(a) |
National Assembly for Wales (Disqualification) Order 2003[32] | Part 1 of the Schedule to the Order |
Whole of Government Accounts (Designation of Bodies) Order 2003[33] | The Schedule to the Order |
Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003[34] | Paragraph (2)(i) of the definition of "health service body" in regulation 1 |
NHS Professionals Special Health Authority Regulations 2003[35] | Paragraph (3)(d) of the definition of "health service body" in regulation 1 |
Title of Enactment | Provision to be amended |
Commission for Patient and Public Involvement in Health (Functions) Regulations 2002[36] |
Regulation 3(b) Regulation 4(b) Regulation 5(b) |
Whole of Government Accounts (Designation of Bodies) Order 2003[37] | The Schedule to the Order |
[4] The National Care Standards Commission was established by section 6 of the Care Standards Act 2000 (c. 14)("the 2000 Act").back
[5] The Commission for Social Care Inspection is established by section 42 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) ("the Act"). The functions of the National Care Standards Commission under Part 2 of the 2000 Act are transferred either to the Commission for Social Care Inspection or to the Commission for Healthcare Audit and Inspection in accordance with section 102 of the Act.back
[7] S.I. 2001/1042, as amended by S.I. 2002/880, S.I. 2002/881, S.I. 2002/2469 and S.I. 2003/1590.back
[9] See section 88 of the Act for right of entry.back
[11] See functions conferred under or by virtue of: sections 65 and 87 of the Children Act 1989 (c. 41); the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 (S.I. 2001/3852); the Fostering Services Regulations 2002 (S.I. 2002/57); the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 (S.I. 2002/816); the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 (S.I. 2002/3210); the Voluntary Adoption Agencies and Adoption Agencies (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/367); and the Whole of Government Accounts (Designation of Bodies) Order 2003 (S.I. 2003/489).back
[12] S.I.1999/1549, as amended by S.I. 2003/1993 and S.I. 2002/1555.back
[13] See section 5 of the 2000 Act for the definition of registration authority. Section 5 was amended by paragraph 17 of Schedule 9 to the Act.back
[14] S.I.1999/2277, as amended by S.I. 2000/1042, S.I. 2001/866, S.I. 2002/532 and S.I. 2002/1397back
[15] S.I.2000/89, as amended by S.I. 2001/2631, S.I.2001/3787, S.I. 2002/38, S.I. 2002/557, S.I. 2002/880, S.I. 2002/881, S.I. 2002/2375, S.I. 2002/2469, S.I. 2002/2861, S.I. 2003/1616 and S.I. 2004/18back
[16] S.I.2001/3968, as amended by S.I. 2002/865.back
[17] S.I.2001/3969, as amended by S.I.2002/865, S.I. 2002/2469, S.I. 2003/369, S.I. 2003/1845 and S.I. 2003/2323.back
[19] S.I. 2002/816, as amended by S.I. 2003/626, S.I. 2003/1060 and S.I. 2003/2043.back
[20] The Commission for Healthcare Audit and Inspection was established by section 41 of the Act. The functions of the National Care Standards Commission under Part 2 of the Care Standards Act 2000 are transferred either to the Commission for Social Care Inspection or to the Commission for Healthcare Audit and Inspection in accordance with section 102 of the Act.back
[22] S.I. 2001/3965, as amended by S.I. 2002/865, S.I. 2003/534, S.I. 2003/1590, S.I. 2003/1703 and S.I. 2003/1845.back
[23] S.I.2001/3967, as amended by S.I. 2002/865 and S.I. 2002/2469.back
[24] S.I. 2002/57, as amended by S.I. 2002/865 and S.I. 2002/2469.back
[25] S.I.2002/3212, as amended by S.I. 2003/2323.back
[27] S.I. 2002/3214, as amended by S.I. 2003/2323.back
[31] S.I.2002/3007, as amended by S.I. 2003/497 and S.I. 2003/2044.back
[36] S.I.2002/3007, as amended by S.I. 2003/497 and 2003/2044.back