Explanatory Notes

Health and Social Care Act 2008

2008 CHAPTER 14

21 July 2008

Territorial Extent

Further amendments

Section 95 and Schedule 5: Further amendments relating to Part 1

293.Section 95 gives effect to Schedule 5. Schedule 5 makes various consequential amendments which include replacing references in other legislation to CHAI, CSCI and MHAC with references to the Commission. It also makes extensive consequential amendments to the Care Standards Act 2000 and the Health and Social Care (Community Health and Standards) Act 2003. Section 227 of the Local Government and Public Involvement in Health Act 2007 is also amended to include the Commission in the list of people to whom Local Involvement Networks must send copies of their annual reports.

294.Schedule 5 also makes a number of amendments of the Care Standards Act 2000 in relation to Wales. These amendments provide: a new power to suspend registration and to suspend registration urgently; a provision to change registration conditions urgently by notice; a new power to impose a penalty notice where the Welsh Ministers are satisfied that a person has committed a prescribed offence; and an extension to the time limit in section 29 of the Act within which criminal proceedings must be brought, from 6 months to 12 months. These powers apply in respect of persons registered with the Welsh Ministers in relation to establishments or agencies under Part 2 of that Act.