Supplementary
Section 85: Criteria
207.This section provides for the Secretary of State to make regulations requiring the CSCI to devise and publish criteria to be used in relation to its functions under this Chapter (other than the annual review function in respect of which provision about criteria is made in section 79). The regulations will be used to specify exactly what functions CSCI will need to draw up inspection criteria for. The Secretary of State must approve the criteria prior to their publication.
Section 86: Fees and section 87: Reports and information
208.Sections 86 and 87 refer to the levying of fees. Section 86 provides for the CSCI to be able to determine and levy fees in relation to the exercise of such of its functions under sections 79, 80 or 82 as may be prescribed. The CSCI may levy a fee upon the local authority (rather than the service provider) where it has exercised its functions under sections 79, 80 or 82, in relation to services commissioned by the local authority. Subsection (5) requires that the CSCI must consult appropriate persons before it devises the fee scale. Appropriate persons are likely to be local authorities in general or organisations representative of local authorities, such as the Local Government Association or the Association of Directors of Social Services. Subsection (6) provides for regulations allowing an independent panel to review in individual cases the amount chargeable by the CSCI for a particular service.
209.Section 87 makes the same provision as respect as the provision of reports and other information to the public as section 64 makes for the CHAI.
Section 88: Right of entry
210.This section allows persons authorised by the CSCI to enter premises which are used or are proposed to be used in the provision of an English local authority social service, or where the CSCI believes such use has or will be likely to take place (subsection (2)). Individuals authorised by the CSCI will not have the right, by virtue of this section, to enter private homes where social services are being provided. The powers given to CSCI inspectors by this section largely mirror those given to the CHAI inspectors by section 66.
Section 89: Right of entry: supplementary
211.This section gives persons authorised to enter premises under section 86 rights to copy and inspect documents and remove them from the premises, interview persons working at the premises etc. The powers given to the CSCI inspectors by this section mirror those given to the CHAI inspectors by section 67.
Section 90: Power to require information etc
212.This section provides for the CSCI the same right to require information from the bodies specified in subsection (2) as section 68 does for the CHAI.
Section 91: Power to require explanation
213.This section provides that the Secretary of State may make regulations to give the CSCI power to require an explanation of any documents or information it obtains under sections 88 to 90 or of any matters that are the subject to the exercise of its functions under this Chapter. This section is identical to section 69in the CHAI provisions.
