HC Deb 07 July 2003 vol 408 cc657-8W
Mr. Burns

To ask the Secretary of State for Health if he will make it his policy that(a) powers to make regulations under clause 60 of the Health and Social Care (Community Health and Standards) Bill shall be exercisable by Statutory Instrument and (b) that such instruments shall not be made unless a draft of the instrument has been laid before, and approved by a resolution, of each House of Parliament. [120305]

Ms Rosie Winterton

Subsections 174(4) and (5) of the Health and Social Care (Community Health and Standards) Bill stipulate that any power to make regulations under this Act is exercisable by statutory instrument.

The regulation making powers provided to the Secretary of State under sections 60(1), 60(7) and 60(8) will therefore subject to negative resolution procedure.

Mr. Burns

To ask the Secretary of State for Health if he will make it his policy that a court order from a County Court should be issued prior to the Commission for Health Care Audit and Inspection entering and inspecting(a) any premises owned or controlled by (i) an NHS body, (ii) a local authority and (b) other premises. [120391]

Ms Rosie Winterton

No.

Mr. Burns

To ask the Secretary of State for Health with reference to clause 100 of the Health and Social Care (Community Health and Standards) Bill, whether it is his policy that advice given to him by the Commission for Healthcare Audit and Inspection should be done by written report which should be published. [120234]

Ms Rosie Winterton

Subsection (4) of new section 5A of the Care Standards Act 2000, as inserted by Clause 100, places the Commission for Healthcare Audit and Inspection (CHAI) under a duty to provide advice or information on such matters in relation to independent health services as the Secretary of State may request. It will be for the Secretary of State to decide whether or not to publish such advice.

Subsection (3) of new section 5A also places a general duty on the CHAI to keep the public informed about the provision of independent health services in England and in particular about the availability and quality of such services. It will be for CHAI to determine how best to provide and publish such advice.