Annex: Territorial Application to Wales and Functions of the Welsh Ministers Part 1 – The Care Quality Commission
1.By section 1, the Commission is established and CHAI, CSCI and MHAC are abolished. The Welsh Ministers will remain responsible for reviewing the provision of health care in Wales and regulating the provision of social care in Wales (the Care Standards Act 2000 is preserved and amended in relation to Wales (see below)). Section 52(3) transfers the functions of MHAC under the Mental Health Act in relation to Wales to the Welsh Ministers.
2.Section 51 provides that where, following a review or investigation under Chapter 3, the Commission considers there are significant failings in the provision of health care by or for a Welsh NHS body or in the running of a Welsh NHS body or in the running of a body, or the practice of an individual, providing health care for a Welsh NHS body, the Commission is required to inform the Welsh Ministers. The Commission may recommend that the Welsh Ministers take special measures to improve the situation.
3.Section 69 requires the Commission and the Welsh Ministers to co-operate with each other for the efficient and effective discharge of their corresponding functions. Duties are also placed on the Commission and the Auditor General for Wales, by section 71 and by paragraph 77 of Schedule 5 (which amends section 64 of the Public Audit (Wales) Act 2004), to share information for the purpose of comparative studies of care provided by English NHS bodies and Welsh NHS bodies.
4.Schedule 5 (which is introduced by section 95) also makes a number of amendments to the powers that Welsh Ministers have under the Care Standards Act 2000. 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 the 2000 Act and are comparable to new powers conferred by this Act on the Commission.