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Health and Social Care Act 2008
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Part 2 E+WAmendments of Health and Social Care (Community Health and Standards) Act 2003
35E+WIn this Part of this Schedule “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).
Commencement Information
I1Sch. 5 para. 35 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(n)
36E+WOmit sections 41 to 44 of the 2003 Act (regulatory bodies).
Commencement Information
I2Sch. 5 para. 36 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(n)
37E+WIn section 45 of the 2003 Act (quality in health care), in subsection (1), after “each” insert “ Welsh ”.
Commencement Information
I3Sch. 5 para. 37 in force at 1.4.2010 by S.I. 2010/708, art. 13(e)
38E+WOmit section 46 of the 2003 Act (standards set by Secretary of State).
Commencement Information
I4Sch. 5 para. 38 in force at 1.4.2010 by S.I. 2010/708, art. 13(e)
39E+WOmit sections 47A to 47C of the 2003 Act (code of practice relating to health care associated infections).
Commencement Information
I5Sch. 5 para. 39 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(o)
40E+WOmit sections 48 to 69A of the 2003 Act (NHS health care: functions of CHAI).
Commencement Information
I6Sch. 5 para. 40 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(p) (with art. 11, Sch. 3)
I7Sch. 5 para. 40 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 17 (with Pt. 3)
41E+WOmit sections 76 to 91 of the 2003 Act (social services: functions of CSCI).
Commencement Information
I8Sch. 5 para. 41 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(q) (with art. 11, Sch. 3)
I9Sch. 5 para. 41 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 17 (with Pt. 3)
42E+WIn section 96 of the 2003 Act (additional functions of Welsh Ministers), in subsection (2), for paragraph (a) substitute—
“(a)functions of the Care Quality Commission under Part 1 of the Health and Social Care Act 2008, and”.
Commencement Information
I10Sch. 5 para. 42 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(r)
43E+WIn section 100 of the 2003 Act (power of Welsh Ministers to require information), in subsection (2)(c), for “NHS body” substitute “ Welsh NHS body or cross-border SHA ”.
Commencement Information
I11Sch. 5 para. 43 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(r)
44E+WOmit sections 102 to 104 of the 2003 Act (functions of CHAI and CSCI under Care Standards Act).
Commencement Information
I12Sch. 5 para. 44 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(r)
45E+WIn section 113 of the 2003 Act (complaints about health care), in subsection (3), omit paragraph (b).
Commencement Information
I13Sch. 5 para. 45 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(r)
46E+WIn section 114 of the 2003 Act (complaints about social services), in subsection (2), omit paragraph (b).
Commencement Information
I14Sch. 5 para. 46 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(r)
47E+WOmit sections 120 to 141 of the 2003 Act (supplementary provision about CHAI and CSCI).
Commencement Information
I15Sch. 5 para. 47 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(s)
I16Sch. 5 para. 47 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 17 (with Pt. 3)
48E+WFor section 143 of the 2003 Act substitute—
“143Use by Welsh Ministers of information
(1)The Welsh Ministers may use any information they obtain, or documents produced to them, in the course of exercising any function of the Welsh Ministers referred to in any paragraph of subsection (2) for the purposes of any function of the Welsh Ministers referred to in any other paragraph of that subsection.
(2)The functions of the Welsh Ministers referred to in subsection (1) are—
(a)their functions under Chapter 4 of this Part;
(b)their functions under Chapter 6 of this Part;
(c)their functions exercisable by virtue of section 5(1)(b) or 8(1) to (3) of the Care Standards Act 2000;
(d)their functions under section 80 of the Children Act 1989;
(e)their functions under the Mental Health Act 1983 in their capacity as the regulatory authority (within the meaning of that Act);
(f)any functions exercisable by them by virtue of paragraph 163(1) of Schedule A1 to the Mental Capacity Act 2005.
(3)References to functions in subsection (2) do not include functions of making regulations.”
Commencement Information
I17Sch. 5 para. 48 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(t)
49E+WOmit section 144 of the 2003 Act (inquiries: Wales).
Commencement Information
I18Sch. 5 para. 49 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(t)
50E+WOmit sections 145 and 145A of the 2003 Act (CHAI duties to co-operate).
Commencement Information
I19Sch. 5 para. 50 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(t)
51E+WIn section 148 of the 2003 Act (interpretation of Part 2), omit the following definitions—
(a)“the CHAI”,
(b)“the CSCI”,
(c)“financial year”, and
(d)“Minister of the Crown”.
Commencement Information
I20Sch. 5 para. 51 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(t)
52E+WOmit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI and CSCI).
Commencement Information
I21Sch. 5 para. 52 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 35(t)
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