Health and Social Care (Community Health and Standards) Act 2003 (C. 43)

Amends:

Care Standards Act 2000 (C. 14)
Health Act 1999 (C. 8)
National Health Service (Primary Care) Act 1997 (C. 46)
National Health Services Act 1977 (C. 49)
Children Act 1989 (C. 41)
Local Authority and Social Services Act 1970 (C. 42)
Social Security Act 1988 (C. 7)

Amended by:

Public Audit (Wales) Act 2004 (c.23)
Education and Inspections Act 2006 (c.40)

to amend the law about the National Health Service; to make provision about quality and standards in the provision of health and social care, including provision establishing the Commission for Healthcare Audit and Inspection and the Commission for Social Care Inspection; to amend the law about the recovery of NHS costs from persons making compensation payments; to provide for the replacement of the Welfare Food Schemes; to make provision about appointments to health and social care bodies; and for connected purposes.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

Part II: Standards

Chapters 2 and 3: NHS Health Care: Introductory and Functions of CHAI:

section 54: Power to request the CHAI to give advice or information on such matters connected with the provision of health care by or for any NHS body as may be specified in the request made by the Welsh Ministers in relation to Wales..
section 63: Power by regulations make provision as to the manner in which provision of fees to the CHAI by Welsh NHS bodies is to be made and published; the matters to be taken into account by the CHAI before making the provision. Power by regulations make provision for an independent person or panel to review the amount charged as a fee by CHAI in any particular case and, if that person or panel thinks fit, to substitute a lesser amount for that amount.

Chapter 4: NHS Helath Care: Functions of NAW:

section 70: Power to conduct investigations into the provision of health care by and for Welsh NHS bodies. See also Shared powers
section 71: Duty to report the Secretary of State or the regulator where, after conducting a review or investigation under section 70 in prescribed circumstances
section 72 and 73: Power to grant right of entry and supplementary powers for purpose of this chapter.
section 74: Power to require the provision of documents and information.
section 75: Power to require explanation

Chapter 6: Social Services: Functions of NAW

section 92: The Welsh Ministers has a general function of encouraging improvement in the provision of Welsh local authority social services.
section 93: Power to review studies and research.
section 94: Power to undertake reviews and investigations of the Welsh social service. Power to require the payment of a fee in relation to adoption and fostering functions
section 95: Power to promote and undertake studies to make recommendations to improve economy, efficiency and effectiveness in the provision of local authorities social services. Duty to collaborate with the Audit Commission.
section 96: Power to grant itself additional functions in relation to the provision of Welsh social services.
section 98 and 99: Power to grant right of entry.
section 100: Power to require information
section 101: Power to require explanation

Chapter 9: Complaints

section 113: Power to make regulations about the handling and consideration of complaints about health care.
section 114: Power to make regulations about the handling and consideration of complaints about social services.
section 115: Supplementary provisions relating to both health and social care complaints.

Chapter 10: Supplementary and general:

section 130: Power to direct CHAI to have regard to such aspect of the Welsh Ministers's policy in exercising certain of its functions.
section 132: If designated by regulations under section 58, the Welsh Ministers could issue directions to CHAI for failing in the discharge of its functions. Could also be designated jointly with the Secreatry of State. See Shared Powers.
section 134: Power to initiate an inquiry into the exercise of the CHAI's functions. Power to decide not to publish the inquiry.
section 142: Duty to make an annual report or reports, of the way in which it has exercised its social care and health care functions in the Act, and its functions under the CSA 2000 in relation to the registration of independent health services and registered social care services in Wales, and its findings in the course of the exercise of those functions over the year.
section 143: Power to use information it obtains in exercising listed functions.
scetion 144: When the Welsh Ministers uses its power under section 35 of the GWA 1998 to cause an inquiry, Power to decide that any inquiry or part of an inqury to be held in private.
section 145: Duty on the CHAI and the Welsh Ministers to co-operate in order to ensure that their functions of reviewing and investigating health care under Part 2 of the Act are carried out efficiently and effectively.
section 173: Duty to make transitonal provision in respect of general dental services.
section 176: Duty to make transitonal provision in respect of general medical services.
section 199: Power to commence SOME OF the provisions of Part 2, Part 4 and section 196 and Schedule 14 Powers to make SOME transitional and transitory provision and savings.Power to make SOME supplemental and consequential provision.See also Shared powers.

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