{
  "url": "https://openlegislation.uk/commission-for-social-care-inspection-membership-regulations-2003/regulation-1",
  "json_url": "https://openlegislation.uk/commission-for-social-care-inspection-membership-regulations-2003/regulation-1.json",
  "legislation": "uksi/2003/3190",
  "legislation_title": "The Commission for Social Care Inspection (Membership) Regulations 2003",
  "legislation_url": "https://openlegislation.uk/commission-for-social-care-inspection-membership-regulations-2003",
  "path": "regulation/1",
  "kind": "regulation",
  "number": "1",
  "heading": "Citation, commencement, application and interpretation",
  "text": "(1) These Regulations may be cited as the Commission for Social Care Inspection (Membership) Regulations 2003 and shall come into force on 1st January 2004.\n(2) These Regulations apply in relation to England only.\n(3) In these Regulations—\n“the Act” means the Health and Social Care (Community Health and Standards) Act 2003;\n“the 2000 Act” means the Care Standards Act 2000;\n“Scottish council” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 and “Scottish councillor” shall be construed accordingly;\n“chairman” means, unless the context otherwise requires, the chairman of the CSCI;\n“FHSAA” means the Family Health Service Appeal Authority constituted under section 49S of the 1977 Act;\n“the health service” shall be construed in accordance with section 128(1) of the 1977 Act;\n“health service body” means—\n(a) an NHS body;\n(b) the Dental Practice Board constituted under section 37(1) of the 1977 Act;\n(c) the Public Health Laboratory Service Board;\n(d) a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978, or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act;\n(e) the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972;\n(f) a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990;\n(g) a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991;\n“member”, unless the context otherwise requires, means a member of the CSCI, and in relation to the CSCI, “member” includes the chairman;\n“national NHS disqualification” means—\n(a) a decision made by the FHSAA under section 49N of the 1977 Act;\n(b) a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49 of the 1977 Act; or\n(c) a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002;\n“the NHS Tribunal” means the Tribunal constituted under section 46 of the 1977 Act for England and Wales;\n“primary care list” means—\n(a) a list of persons performing primary medical or dental services under section 28X of the 1977 Act;\n(b) a list of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under sections 29, 36, 39, 42 or 43 of the 1977 Act;\n(c) a list of persons approved for the purposes of assisting in the provision of any services mentioned in paragraph (b) prepared pursuant to regulations made under section 43D of the 1977 Act;\n(d) a services list referred to in section 8ZA of the National Health Service (Primary Care) Act 1997; or\n(e) a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2000 c. 14."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1994 c. 39; section 2(2) was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "See section 148 of the Act for the definition of “the CSCI”."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "See section 194 of the Act for the definition of “the 1977 Act”; section 49S was inserted by section 27(1) of the Health and Social Care Act 2001 (c. 15) (“the 2001 Act”), and was amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), section 1(3), Schedule 1, Part 1, paragraphs 1 and 18."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "See section 148 of the Act for the definition of “NHS body”."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 37(1) was amended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 12, and repealed in part by section 25, Schedule 3 of that Act; amended by the Health Authorities Act 1995 (c. 17) (“the 1995 Act”), section 2(1), Schedule 1, paragraph 26; and by the 2002 Act, section 1(3) and Schedule 1, Part 1, paragraphs 1 and 17; the functions of the Secretary of State, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”), article 2, Schedule 1, except that the regulation-making function in section 37(1) continues as a function of the Secretary of State in respect of Wales as well as England; see the entry in Schedule 1 for the National Health Service Act 1977 as amended by the Health Act 1999 (c. 8) (“the 1999 Act”), section 66(4) and (5)(a), by the 2001 Act, section 67(1), Schedule 5, Part 1, paragraph 12(1) and (3), and by the Act, section 196, Schedule 14 on a date to be appointed; the Dental Practice Board is abolished by the Act, sections 181, 196, Schedule 14 on a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "See section 5(4) and (5) of, and Schedule 3 to, the 1977 Act; section 5(4) was amended by the Public Health Laboratory Service Act 1979 (c. 23), section 1; the functions of the Secretary of State, so far as exercisable in relation to Wales, except for the functions specified in paragraphs 3, 11, 12, and 16 to 18 of Schedule 3 to the 1977 Act relating to the Public Health Laboratory Service Board, transferred to the National Assembly for Wales by the 1999 Order, article 2, Schedule 1; see the entry in Schedule 1 for the National Health Service Act 1977, as amended; the Public Health Laboratory Service Board is abolished by the Act, section 190, Schedule 14, Part 7 on a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "1978 c. 29; section 2 was amended by Health and Social Services and Social Security Adjudications Act 1983 (c. 41) (“the 1983 Act”), Schedule 7, paragraph 1, and by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 25."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "Section 4 was amended by the 1988 Act, section 12(3) and Schedule 3; section 10 was amended by the Health Services Act 1980 (c. 53) (“the 1980 Act”), Schedule 6, paragraph 2 and by the 1990 Act, Schedule 10; section 12A was inserted by the 1990 Act, section 31, and was amended by section 46(1) of the 1999 Act."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "S.I.1972/1265 (N.I. 14), to which there are amendments not relevant to these Regulations; see article 26 for the establishment of the Northern Ireland Central Services Agency."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "S.I. 1990/247 (N.I. 3), to which there are amendments not relevant to these Regulations; see article 3 for the establishment of such an agency."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "S.I. 1991/194 (N.I. 1); see article 10 for the establishment of a Health and Social Services trust; article 10 was amended by the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3) (N.I.), sections 43(1), (2) and 44(1); article 10(5A) was inserted by the Health Services (Primary Care) (Northern Ireland) Order 1997 S.I. 1997/1177 (N.I. 7), Schedule 2; there are other amending instruments, but none is relevant."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "Section 49N was inserted by section 25 of the 2001 Act, was amended by the 2002 Act, section 2(5), Schedule 2, Part 1, paragraph 1, 25(1), (2)(a) and (b), (3), (4), and (5)(a) and (b), and is amended by the Act, section 184, Schedule 11 on a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "S.I. 2001/3744, as modified and amended by S.I. 2002/2469."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "S.I. 2002/1920."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Section 46 was repealed by the 2001 Act, section 67, Schedule 5, Part 1, paragraph 5 and Schedule 6, Part 1; the NHS Tribunal, except for prescribed cases, had effect in relation to England only until 14th December 2001, and in relation to Wales, only until 26th August 2002; see S.I. 2001/3738, article 2(5) and (6)(b) which sets out the prescribed cases for England, and S.I. 2002/1919, article 2(2) and (3)(b) which sets out the prescribed cases for Wales."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Section 28X is inserted by section 179 of the Act on a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Section 29 was extended by the 1988 Act, section 17; and was amended by the 1980 Act, sections 1 and 7 and Schedule 1, paragraph 42(b); the 1983 Act, Schedule 6, paragraph 2; the Medical Act 1983 (c. 54), section 56(1) and Schedule 5, paragraph 16(a); by S.I. 1985/39, article 7(3); the 1995 Act, Schedule 1, paragraph 18; the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 8; the 2001 Act, section 17; the 2002 Act, Schedule 2, paragraph 3; is repealed by the Act, section 196, Schedule 14 on a date to be appointed; section 36(1) was so numbered by the Health and Social Security Act 1984 (c. 48) (“the 1984 Act”), Schedule 3, paragraph 5(1); amended by S.I. 1981/432, article 3(3)(a); by S.I. 1985/39, article 7(10); by the 1988 Act, Schedule 2, paragraph 4; by the 1990 Act, section 24 and by the 1995 Act, Schedule 1, paragraph 25(a); section 36(4) to (8) was inserted by the 2001 Act, section 20(1)(4)(c); and is repealed by the Act, section 196, Schedule 14 on a date to be appointed; section 39 was extended by the 1988 Act, section 17; was amended by the 1980 Act, sections 1 and 3, and Schedule 1, paragraph 52; by the 1984 Act, section 1(4), Schedule 1, Part 1, paragraph 1 and Schedule 8, Part 1; by S.I. 1985/39, article 7(12); by the 1995 Act, Schedule 1, paragraph 28; by the 1999 Act, section 9(4); the 2001 Act, section 20(5) and 23(4); section 42 was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3(1); was extended by the 1988 Act, section 17; was amended by S.I. 1987/2202, article 4; by the 1990 Act, section 12(3); by the 1995 Act, Schedule 1, paragraph 30; and by the 2001 Act, sections 42(2) and 43(2), (3) and (4); section 43 was amended by the 1980 Act, section 21(1) and (2); by the 1990 Act, section 66(1), Schedule 9, paragraph 18(2); the 1995 Act, section 2(1), Schedule 1, paragraph 31; the 1997 Act, sections 29(1) and 41(10), Schedule 2, paragraph 14; the Pharmacists (Fitness to Practise) Act 1997 (c. 19) section 1, Schedule, paragraph 6 on a date to be appointed; the 2001 Act, section 20(1) and (7) on a date to be appointed in relation to England and section 42(2); by the 2002 Act, section 2(5), Schedule 2, paragraphs 1, 17(1), (2), (3), and in relation to section 43(2BA) and (2BB), by section 2(5) of that Act, Schedule 2, paragraphs 17(1), (4), (5)(a) and (b) on a date to be appointed; section 43(1) is amended by the Act, section 184, Schedule 11 on a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Section 43D was inserted by section 24 of the 2001 Act, and was amended by the 2002 Act, section 2(5), Schedule 2, Part 1, paragraphs 1, 20(1), (2), (3)(a) and (b), (4), (5)(a) and (b), (6)(a) and (b), (7), (8), (9)(a) and (b)(i) and (ii); section 43D(1) is repealed in part by the Act, section 196, Schedule 14 on a date to be appointed; section 43D(10) is amended by the Act, section 184, Schedule 11 on a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "1997 c. 46; section 8ZA was inserted by section 26(2) of the 2001 Act, and was amended by the 2002 Act, section 4(3), Schedule 3, Part 1, paragraphs 1, 3(1), (2), (3)(a) and (b), (4), (5)(a) and (b), (6)(a) and (b) and (7); and is repealed by the Act, section 196, Schedule 14 on a date to be appointed."
    },
    {
      "type": "footnote",
      "label": "f21",
      "text": "2001 c. 15; section 41(1) is repealed in part by the Act, section 196, Schedule 14 on a date to be appointed."
    }
  ],
  "outstanding_effects": [
    {
      "type": "inserted",
      "affecting": "uksi/2004/696",
      "affecting_title": "The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    },
    {
      "type": "words revoked",
      "affecting": "uksi/2005/1622",
      "affecting_title": "The Health and Social Care (Community Health and Standards) Act 2003 (Public Health Laboratory Service Board) (Consequential Provisions) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2004/865",
      "affecting_title": "The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/3190/regulation/1",
    "retrieved_at": "2026-10-29T05:37:31.539738+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}