Part I Introductory

Registration authorities

I15 Registration authorities.

For the purposes of this Act—

F1a

the registration authority in the case of establishments and agencies mentioned in subsection (1A) is Her Majesty's Chief Inspector of Education, Children's Services and Skills (referred to in this Act as “the CIECSS”);

b

the registration authority F22in the case of establishments and agencies mentioned in subsection (1B) is the National Assembly for Wales (referred to in this Act as “the Assembly”).

F21A

The establishments and agencies F23mentioned in subsection (1)(a) are—

a

children's homes in England,

b

residential family centres in England,

c

fostering agencies in England or, where the activities of a fostering agency are carried on from two or more branches, the branches in England,

d

voluntary adoption agencies whose principal office is in England, and

e

adoption support agencies in England or, where the activities of an adoption support agency are carried on from two or more branches, the branches in England. F19...

F19f

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F241B

The establishments mentioned in subsection (1)(b) are—

a

independent hospitals in Wales;

b

independent clinics in Wales;

c

independent medical agencies in Wales.

F252

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5AF17General duties of Commission for Healthcare Audit and Inspection

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5BF18General duties of Commission for Social Care Inspection

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 National Care Standards Commission.

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7 General duties of the Commission.

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I28 General functions of the Assembly.

1

The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.

2

The Assembly shall make information about Part II services provided in Wales available to the public.

F73

The Assembly shall have such additional functions in relation to Part II services provided in Wales as may be specified in regulations made by the Assembly.

F83A

But the functions which may be so specified do not include functions of making, confirming or approving subordinate legislation (as defined by section 158(1) of the Government of Wales Act 2006).

4

The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.

5

The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 23.

F96

The Assembly must have particular regard to the need to safeguard and promote the rights and welfare of children in the exercise of—

a

its functions exercisable by virtue of F20section 5(1)(b) and subsections (1) to (3) of this section; and

F10b

any other functions exercisable by the Assembly corresponding to functions exercisable F21by the Care Quality Commission—

i

under Chapters 2 and 3 of Part 1 of the Health and Social Care Act 2008 in relation to health care in England, or

ii

under the Mental Health Act 1983 in relation to England.

F11F127

In this section, “Part II services” means services of the kind provided by persons registered under Part II F13. . .

9 Co-operative working.

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I310 Inquiries.

1

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.

3

Before an inquiry is begun, the person causing the inquiry to be held may direct that it shall be held in private.

4

Where no direction has been given, the person holding the inquiry may if he thinks fit hold it, or any part of it, in private.

5

Subsections (2) to (5) of section 250 of the M1Local Government Act 1972 (powers in relation to local inquiries) shall apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section; and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly.

6

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that there are exceptional circumstances which make it inappropriate to publish it, be published in a manner which that Minister considers appropriate.