§ (" .—(1) The Commission for Health Improvement ("CHI") and the National Care Standards Commission ("NCSC") may, if authorised to do so by regulations, arrange—
- (a) for prescribed functions of the NCSC to be exercised by CHI on behalf of the NCSC;
- (b) for prescribed functions of CHI, so far as exercisable in relation to England, to be exercised by the NCSC on behalf of CHI,
§ (2) The Assembly and CHI may arrange for any functions of the Assembly mentioned in section 9(6) to be exercised by CHI on behalf of the Assembly; and accordingly CHI has power to exercise functions of the Assembly in accordance with arrangements under this subsection.
§ (3) The Assembly and CHI may, if authorised to do so by regulations, arrange for prescribed functions of CHI, so far as exercisable in relation to Wales, to be exercised by the Assembly on behalf of CHI; and accordingly the Assembly has power to exercise functions of CHI in accordance with arrangements under this subsection.
§ (4) References in this section to exercising functions include a reference to assisting with their exercise.
955§ (5) Regulations under this section shall be made by the Secretary of State; but the Secretary of State may not make regulations under subsection (3) without the agreement of the Assembly.")
§ 23 Clause 9, page 6, line 28, leave out ("the Assembly's registration functions") and insert—
- ("(a) any functions exercisable by the Assembly by virtue of section 5(b) or 8(A3); or
- (b) any other functions exercisable by the Assembly corresponding to functions exercisable by the Commission in relation to England,")
§ 24 Page 6, line 30, leave out subsection (7)
§ 25 Page 6, line 34, leave out ("it would be") and insert ("there are exceptional circumstances which make it")
§
26 Clause 11, page 7, line 29, at end insert—
("( ) A person who applies for registration as the manager of an establishment or agency must be an individual.")
§ 27 Clause 12, page 8, line 4, after ("vary") insert ("or remove")
§ 28 Clause 13, page 8, line 13, after ("being") insert (", or has at any time been,")
§ 29 Clause 14, page 8, line 30, after ("variation") insert ("or removal")
§ 30 Page 9, line 3, after ("(stating") insert (", where applicable,")
§ 31 Clause 16, page 9, line 35, after ("vary") insert ("or remove")
§ 32 Clause 18, page 10, line 23, after ("varied") insert (", the condition which is removed")
§ 33 Clause 19, page 10, line 39, after ("varying") insert ("or removing")
§ 34 Page 10, line 44, after ("variation") insert (", removal")
§
35 Clause 21, page 12, line 22, at end insert—
("( ) Regulations under subsection (2)(a) may, in particular, make provision for prohibiting persons from managing an establishment or agency unless they are registered in, or in a particular part of, one of the registers maintained under section 52(1).")
§ 36 Page 12, line 46, after ("of") insert ("documents and")
§
37 Page 13, line 33, at end insert—
("( ) make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.")
§
38 Page 13, line 45, at end insert—
("( ) Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the appropriate Minister, effect any substantial change in the provision made by those regulations, the appropriate Minister shall consult any persons he considers appropriate.")
§
39 Clause 25, page 14, line 36, at end insert—
("(3) No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.
(4) A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.")
§ 40 After Clause 25, insert the following new clause—