Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The Care Quality Commission
There is to be a body corporate known as the Care Quality Commission (referred to in this Part as “the Commission”).
The Commission for Healthcare Audit and Inspection, the Commission for Social Care Inspection and the Mental Health Act Commission are dissolved.
Schedule 1 (which makes further provision about the Care Quality Commission) has effect.
The Commission has the functions conferred on it by or under any enactment.
Those functions include—
registration functions under Chapter 2,
review and investigation functions under Chapter 3, and
functions under the Mental Health Act 1983 (c. 20).
The main objective of the Commission in performing its functions is to protect and promote the health, safety and welfare of people who use health and social care services.
The Commission is to perform its functions for the general purpose of encouraging—
the improvement of health and social care services,
the provision of health and social care services in a way that focuses on the needs and experiences of people who use those services, and
the efficient and effective use of resources in the provision of health and social care services.
In this Chapter “health and social care services” means the services to which the Commission's functions relate.
In performing its functions the Commission must have regard to—
views expressed by or on behalf of members of the public about health and social care services,
experiences of people who use health and social care services and their families and friends,
views expressed by Local Healthwatch organisations or Local Healthwatch contractors about the provision of health and social care services ...,
the need to protect and promote the rights of people who use health and social care services (including, in particular, the rights of children, of persons detained under the Mental Health Act 1983, of persons who are deprived of their liberty in accordance with the Mental Capacity Act 2005 (c. 9), and of other vulnerable adults),
the need to ensure that action by the Commission in relation to health and social care services is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed,
any developments in approaches to regulatory action, and
best practice among persons performing functions comparable to those of the Commission (including the principles under which regulatory action should be transparent, accountable and consistent).
In performing its functions the Commission must also have regard to such aspects of government policy as the Secretary of State may direct.
In subsection (1)(c), “Local Healthwatch contractor” has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007.
The Commission must publish a statement describing how it proposes to—
promote awareness among service users and carers of its functions,
promote and engage in discussion with service users and carers about the provision of health and social care services and about the way in which the Commission exercises its functions,
ensure that proper regard is had to the views expressed by service users and carers, and
arrange for any of its functions to be exercised by, or with the assistance of, service users and carers.
The Commission may from time to time revise the statement and must publish any revised statement.
Before publishing the statement (or revised statement) the Commission must consult such persons as it considers appropriate.
In this section—
“service users” means people who use health or social care services, and
“carers” means people who care for service users as relatives or friends.
Schedule 2 (which makes provision for the transfer of property, rights and liabilities) has effect.
In this Chapter “health and social care services” has the meaning given by section 3(3).
Introductory
In this Part “regulated activity” means an activity of a prescribed kind.
An activity may be prescribed for the purposes of subsection (1) only if—
the activity involves, or is connected with, the provision of health or social care in, or in relation to, England, and
the activity does not involve the carrying on of any establishment or agency, within the meaning of the Care Standards Act 2000 (c. 14), for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under that Act.
For the purposes of subsection (2), activities connected with the provision of health or social care include, in particular—
the supply of staff who are to provide such care;
the provision of transport or accommodation for those who require such care;
the provision of advice in respect of such care.
This section has effect for the interpretation of this Part.
“Health care” includes all forms of health care provided for individuals, whether relating to physical or mental health, and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
“Social care” includes all forms of personal care and other practical assistance provided for individuals who by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.
“Health or social care” means health care or social care.
Registration of persons carrying on regulated activities
Any person who carries on a regulated activity without being registered under this Chapter in respect of the carrying on of that activity is guilty of an offence.
The Secretary of State may by regulations make provision for the purposes of this Chapter for determining, in relation to a regulated activity carried on by two or more persons acting in different capacities, which of those persons is to be regarded as the person who carries on the activity.
In the following provisions of this Part, the registration of a person under this Chapter in respect of the carrying on of a regulated activity by that person is referred to as registration “as a service provider” in respect of that activity.
A person guilty of an offence under this section is liable—
on summary conviction, to a fine, or to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to both;
on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months, or to both.
In relation to an offence committed before 2 May 2022, the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
A person seeking to be registered under this Chapter as a service provider must make an application to the Commission.
The application must be made in such form, and contain or be accompanied by such information, as the Commission requires.
In such cases as the Commission may determine, a person seeking to be registered as a service provider in respect of two or more regulated activities may make a single application in respect of them.
Subsections (2) to (4) apply where an application under section 11 has been made in accordance with the provisions of this Chapter with respect to a regulated activity.
If the Commission is satisfied that—are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity, it must grant the application; otherwise it must refuse it.
the requirements of regulations under section 20, and
the requirements of any other enactment which appears to the Commission to be relevant,
The application may be granted either unconditionally or subject to such conditions as the Commission thinks fit.
On granting the application, the Commission must issue a certificate of registration to the applicant.
The Commission may at any time—
vary or remove any condition for the time being in force in relation to a person's registration as a service provider, or
impose any additional condition.
Subsections (3) and (5) have effect subject to section 13.
Registration of managers
The registration under this Chapter of a person (“S”) as a service provider in respect of a regulated activity must in prescribed cases be subject to a registered manager condition.
For the purposes of this Chapter, a registered manager condition is a condition that the activity as carried on by S, or the activity as carried on by S at or from particular premises, must be managed by an individual who is registered under this Chapter as a manager in respect of the activity, or the activity as carried on at or from those premises.
A person seeking to be registered under this Chapter as a manager in respect of a regulated activity in respect of which a registered manager condition has, or is to have, effect must make an application to the Commission.
The application must be made in such form, and contain or be accompanied by such information, as the Commission requires.
In such cases as the Commission may determine, a person seeking to be registered as a manager in respect of two or more regulated activities carried on by a person registered as a service provider may make a single application in respect of them.
Subsections (2) to (4) apply where an application under section 14 has been made in accordance with the provisions of this Chapter with respect to a regulated activity in respect of which a person is registered under this Chapter as a service provider and in respect of which a registered manager condition has effect.
If the Commission is satisfied that—are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity, it must grant the application; otherwise it must refuse it.
the requirements of regulations under section 20, and
the requirements of any other enactment which appears to the Commission to be relevant,
The application may be granted either unconditionally or subject to such conditions as the Commission thinks fit.
On granting the application, the Commission must issue a certificate of registration to the applicant.
The Commission may at any time—
vary or remove any condition for the time being in force in relation to a person's registration as a manager, or
impose any additional condition.
Further provision about registration as a service provider or manager
Regulations may make provision for the purposes of this Chapter about—
the keeping by the Commission of registers,
the making of applications for registration as a service provider or manager,
the registration of persons as service providers or managers, and
the notification by registered persons to the Commission of an address for service of documents.
The Commission may at any time cancel the registration of a person (“R”) under this Chapter as a service provider or manager in respect of a regulated activity—
on the ground that R has been convicted of, or admitted, a relevant offence;
on the ground that any other person has been convicted of any relevant offence in relation to the regulated activity;
on the ground that the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;
on the ground that R has failed to comply with a requirement imposed by or under Chapter 6;
on any ground specified by regulations.
The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if—
no-one is registered under this Chapter as a service provider in respect of the activity, or
the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition.
For the purposes of this section, the following are relevant offences—
a Part 1 offence,
an offence under the Registered Homes Act 1984 (c. 23) or regulations made under it,
an offence under Part 2 of the Care Standards Act 2000 (c. 14) or regulations made under it, ...
any other offence which appears to the Commission to be relevant.
In this section “relevant requirements” means—
any requirements or conditions imposed by or under this Chapter, and
the requirements of any other enactment which appears to the Commission to be relevant.
The Commission may at any time suspend a person's registration under this Chapter as a service provider or manager for a specified period.
Except where the Commission gives notice under section 31, the power conferred by subsection (1) is exercisable only on the ground that—
the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements, or
the person has failed to comply with a requirement imposed by or under Chapter 6.
A period of suspension may be extended under subsection (1) on one or more occasions.
In this section “relevant requirements” has the same meaning as in section 17.
Except in case A or B and subject to subsections (3A) to (3F, a person registered under this Chapter as a service provider or manager (“R”) may apply to the Commission—
for the variation or removal of any condition for the time being in force in relation to the registration, other than a registered manager condition required by section 13(1),
for the cancellation of the registration, or
for the cancellation of, or the variation of the period of, any suspension of the registration.
Case A is where—
the Commission has given R notice under section 26(4)(a) of a proposal to cancel the registration, and
the Commission has not decided not to take that step.
Case B is where—
the Commission has given R notice under section 28(3) of its decision to cancel the registration, and
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
R may not apply under subsection (1)(a) for the variation of a condition where either subsection (3B) or (3C) applies.
This subsection applies where—
the Commission has given R notice under section 26(4)(c) of a proposal to make that variation (or a variation which would have substantially the same effect as that variation), and
the Commission has not decided not to take that step.
This subsection applies where—
the Commission has given R notice under section 28(3) of its decision to make that variation (or a variation which would have substantially the same effect as that variation), and
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
R may not apply under subsection (1)(a) for the removal of a condition where either subsection (3E) or (3F) applies.
This subsection applies where—
the Commission has given R notice under section 26(4)(c) of a proposal to remove that condition, and
the Commission has not decided not to take that step.
This subsection applies where—
the Commission has given R notice under section 28(3) of its decision to remove that condition, and
either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
An application under subsection (1) must be made in such form, and contain or be accompanied by such information, as the Commission requires.
If the Commission decides to grant an application under subsection (1)(a), it must serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.
If the Commission decides to grant an application under subsection (1)(c), it must serve notice in writing of its decision on the applicant (stating, where applicable, the period as varied).
Regulation, code of practice and guidance
The Secretary of State must by regulations impose requirements that the Secretary of State considers necessary to secure that services provided in the carrying on of regulated activities cause no avoidable harm to the persons for whom the services are provided.
The Secretary of State may by regulations impose any other requirements in relation to regulated activities that the Secretary of State thinks fit for the purposes of this Chapter, including in particular provision with a view to—
securing that any service provided in the carrying on of a regulated activity is of appropriate quality, and
securing the health, safety and welfare of persons for whom any such service is provided.
Regulations under this section may in particular—
make provision as to the persons who are fit to carry on or manage a regulated activity;
make provision as to the manner in which a regulated activity is carried on;
make provision as to the persons who are fit to work for the purpose of the carrying on of a regulated activity;
make provision as to the management and training of persons who work for the purpose of the carrying on of a regulated activity;
impose requirements in connection with food or drink provided or made available to any person on hospital premises in England that are used in connection with the carrying on of a regulated activity;
make provision as to the fitness of premises;
impose requirements as to the keeping of records and accounts;
impose requirements as to the provision of information;
impose requirements as to the financial position of a person registered as a service provider;
impose requirements as to the making available to the public of information as to any charges made for the provision of any services provided in the carrying on of a regulated activity;
impose requirements as to the review of the quality of any services provided in the carrying on of a regulated activity, as to the preparation of reports of such reviews, and as to the making available to the public of such reports;
make provision as to the handling of complaints and disputes and the application of lessons learnt from them.
Regulations made under this section by virtue of subsection (3)(b) may in particular include provision as to the control and restraint, in appropriate cases, of persons receiving health or social care or other services in connection with the carrying on of a regulated activity.
Regulations made under this section by virtue of subsection (3)(d) may in particular include provision for a specified person to set the standards which persons undergoing the training in question must attain.
Regulations made under this section by virtue of subsection (3)(da) may in particular—
specify nutritional standards, or other nutritional requirements, which are to be complied with;
require that specified descriptions of food or drink are not to be provided or made available.
Regulations made under this section may make provision for the prevention and control of health care associated infections and may include such provision as the Secretary of State considers appropriate for the purpose of safeguarding individuals (whether receiving health or social care or otherwise) from the risk, or any increased risk, of being exposed to health care associated infections or of being made susceptible, or more susceptible, to them.
Regulations under this section must require service providers to ensure that each person working for the purpose of the regulated activities carried on by them receives training on learning disability and autism which is appropriate to the person’s role.
Regulations under this section must make provision as to the provision of information in a case where an incident of a specified description affecting a person's safety occurs in the course of the person being provided with a service.
In subsection (1)—
“cause” means cause or contribute to, whether directly or indirectly; and
harm is avoidable, in relation to a service, unless the person providing the service cannot reasonably avoid it (whether because it is an inherent part or risk of a regulated activity or for another reason).
In subsection (3)(da) “hospital” has the meaning given by section 275 of the National Health Service Act 2006.
In subsection(5ZA)—“learning disability” has the meaning given by section 1(4) of the Mental Health Act 1983;“service provider” means a person registered under this Chapter as a service provider in respect of a regulated activity.
In this Chapter “health care associated infection” means any infection to which an individual may be exposed or made susceptible (or more susceptible) in circumstances where—
health or social care is being, or has been, provided to that or any other individual, and
the risk of exposure to the infection, or of susceptibility (or increased susceptibility) to it, is directly or indirectly attributable to the provision of that care.
But “health care associated infection” does not include an infection to which the individual is deliberately exposed as part of any health care.
Before making regulations under this section, except regulations which amend other regulations under this section and do not, in the opinion of the Secretary of State, effect any substantial change in the provision made by those regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Consultation undertaken by the Secretary of State before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
The Commission has the following functions in relation to the processing of relevant information—
to monitor the practice followed by registered persons in relation to such processing, and
to keep NHS England ... informed about the practice being followed by registered persons in relation to such processing.
The Commission must, in exercising those functions, seek to improve the practice followed by registered persons in relation to the processing of relevant information.
In this section “relevant information” means—
patient information,
any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006,
any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and
any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care.
In subsection (3) “patient information” means—whether or not the identity of the individual in question is ascertainable from the information.
information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and
information (however recorded) which is to any extent derived, directly or indirectly, from that information,
In this section—“adult placement scheme” and “personal care” each have such meaning as they have from time to time in regulations under section 20;“processing”, in relation to information, has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(4) and (14) of that Act);“registered person” means a person registered under this Chapter as a manager or service provider in respect of a regulated activity.
The Secretary of State may issue a code of practice about compliance with any requirements of regulations under section 20 which relate to the prevention or control of health care associated infections.
The code may—
operate by reference to provisions of other documents specified in it (whether published by the Secretary of State or otherwise);
provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;
make different provision for different cases or circumstances.
The Secretary of State must keep the code under review and may from time to time—
revise the whole or any part of the code, and
issue a revised code.
The Secretary of State must issue a code of practice about compliance with requirements imposed by virtue of section 20(5ZA)(requirements relating to training on learning disability and autism).
The code must make provision about—
the content of training;
training appropriate to different roles;
circumstances in which it is appropriate for training to be delivered in person;
the involvement of people with learning disability, autistic people, or their carers, in the provision of training;
accreditation of training;
procurement of training;
monitoring and evaluation of the impact of training;
The code may make different provision for different cases or circumstances.
The Secretary of State must, at least once every five years—
review the code, and
lay before Parliament a report setting out the findings of the review.
prepare a draft of the code, and
consult such persons as the Secretary of State considers appropriate about the draft.
prepare a draft of the revised code, and
consult such persons as the Secretary of State considers appropriate about the change.
Where, following consultation under subsection (1) or (2) in relation to a draft of a code or revised code under section 21, the Secretary of State issues the code or revised code (whether in the form of the draft or with such modifications as the Secretary of State thinks fit), it comes into force at the time when it is issued by the Secretary of State.
Where—the Secretary of State must, before revising the document, consult such persons as the Secretary of State considers appropriate about the change.
the Secretary of State proposes to revise the document, and
in the opinion of the Secretary of State, the revision would result in a substantial change in the code,
Where—the Secretary of State must consult such persons as the Secretary of State considers appropriate about whether the code should be revised in connection with the change.
the document is revised, and
in the opinion of the Secretary of State, the revision results in a substantial change in the code,
Where, following consultation under subsection (1) or (2) in relation to a draft of a code or revised code under section 21A, the Secretary of State decides to proceed with the draft (in its original form or with modifications), the Secretary of State must lay a copy of the draft before Parliament.
The Secretary of State may not issue the code or revised code if, within the 40-day period, either House of Parliament resolves not to approve it.
In this section “40-day period” means—
the period of 40 days beginning with the day on which the draft is laid before Parliament, or
if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.
For the purposes of subsection(5C), no account is to be taken of any whole days that fall within a period during which—
Parliament is dissolved or prorogued, or
either House of Parliament is adjourned for more than four days.
Consultation undertaken by the Secretary of State before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
The Commission must issue guidance about compliance with the requirements of regulations under section 20, other than requirements which relate to—
the prevention or control of health care associated infections, or
training on learning disability or autism.
The guidance may, if the Commission thinks fit, also relate to compliance for the purposes of this Chapter with the requirements of any other enactments.
The guidance may—
operate by reference to provisions of other documents specified in it (whether published by the Commission or otherwise);
provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;
make different provision for different cases or circumstances.
The Commission may from time to time revise guidance issued by it under this section and issue the revised guidance.
Where the Commission proposes to issue guidance under section 23, it must—
prepare a draft of the guidance, and
consult such persons as the Commission considers appropriate about the draft.
Where the Commission proposes to issue under section 23 revised guidance which in its opinion would result in a substantial change in the guidance, the Commission must—
prepare a draft of the revised guidance, and
consult such persons as the Commission considers appropriate about the change.
Where, following consultation under subsection (1) or (2), the Commission issues the guidance or revised guidance (whether in the form of the draft or with such modifications as the Commission thinks fit), it comes into force at the time when it is issued by the Commission.
Where—the Commission must, before revising the document, consult such persons as the Commission considers appropriate about the change.
the Commission proposes to revise the document, and
in the opinion of the Commission, the revision would result in a substantial change in the guidance,
Where—the Commission must consult such persons as the Commission considers appropriate about whether the guidance should be revised in connection with the change.
the document is revised, and
in the opinion of the Commission, the revision results in a substantial change in the guidance,
Consultation undertaken by the Commission before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
in the making of any decision by the Commission under this Chapter;
in any proceedings for the making of an order under section 30;
in any proceedings on an appeal against such a decision or order;
Registration procedure
Subsections (2) and (3) apply where a person applies for registration as a service provider or manager in respect of a regulated activity.
If the Commission proposes to grant the application subject to any condition which has not been agreed in writing between it and the applicant, other than a registered manager condition required by section 13(1), it must give the applicant notice in writing of its proposal and of the conditions subject to which it proposes to grant the application.
The Commission must give the applicant notice in writing of a proposal to refuse the application.
to suspend the registration or extend a period of suspension,
to vary or remove (otherwise than in accordance with an application under section 19(1)(a)) any condition for the time being in force in relation to the registration, or
to impose in relation to the registration any additional condition.
Where a proposal under subsection (4) names an individual and specifies action that the Commission would require the registered person to take in relation to that individual, the Commission must give that individual notice in writing of the proposal.
A notice under this section must give the Commission's reasons for its proposal.
A notice under section 26 must state that within 28 days of service of the notice any person on whom it was served may make written representations to the Commission concerning any matter which that person wishes to dispute.
Where a notice has been served under section 26, the Commission must not determine any matter to which the notice relates until either—
any person on whom the notice was served has made written representations to it concerning the matter,
any such person has notified the Commission in writing that the person does not intend to make such representations, or
the period during which any such person could have made representations has elapsed.
If the Commission decides to grant an application for registration as a service provider or manager in respect of a regulated activity—it must give the applicant notice in writing of the decision.
unconditionally, or
subject only to conditions each of which is either required by section 13(1) or agreed in writing between the Commission and the applicant,
A notice under subsection (1) must state the conditions subject to which registration is granted.
If the Commission decides to adopt a proposal of which it was required to give notice under section 26, it must give notice in writing of its decision to any person to whom it was required by section 26 to give notice of the proposal.
A notice under subsection (3) must—
explain the right of appeal conferred by section 32,
in the case of a decision to adopt a proposal under section 26(2), state the conditions subject to which the application is granted,
in the case of a decision to adopt a proposal under section 26(4)(b), state the period (or extended period) of suspension, and
Where a person (“M”) is registered as a manager in respect of a regulated activity, the Commission must—
give M a copy of any notice given under subsection (3) to the person (“S”) registered as a service provider in respect of the regulated activity, and
give S a copy of any such notice given under that subsection to M.
at the end of the period of 28 days referred to in section 32(2), or
if an appeal is brought, on the determination or abandonment of the appeal.
Where the applicant notifies the Commission in writing before the end of the period mentioned in subsection (6)(a) that the applicant does not intend to appeal, the decision is to take effect when the Commission receives the applicant's notification.
But in a case where notice of the proposal has been given to an individual under section 26(4A) subsection (7) does not apply unless, by the time the Commission receives the applicant's notification, it has received notification from the individual that he or she does not intend to appeal.
And if the Commission receives notification from the individual after it receives the applicant's notification and before the end of the period mentioned in subsection (6)(a), the decision is to take effect when the Commission receives the individual's notification.
If it appears to the Commission that a person who is registered under this Chapter as a service provider or manager in respect of a regulated activity has failed to comply with the relevant requirements, the Commission may give the registered person a warning notice.
But a warning notice under this section may not be given to an NHS trust established under section 25 of the National Health Service Act 2006 or an NHS foundation trust.
A warning notice under this section is a notice in writing—
specifying the conduct which appears to the Commission to constitute a failure to comply with the relevant requirements,
specifying the requirement concerned, and
where it appears to the Commission that the failure is continuing—
requiring the registered person to comply with the requirement concerned within a specified time, and
stating that, if the registered person fails to do so within that time, the Commission may take action to secure compliance with the relevant requirements.
Subsections (4) and (5) apply where—
a warning notice under this section has been given to any person, and
where any failure to comply with a requirement is specified under subsection (2)(c), the requirement has been complied with within the specified time.
The failure to which the notice relates, so far as occurring before the relevant time, is not to constitute a ground for the cancellation or suspension of registration, the variation of the conditions of registration, the removal of a condition or the imposition of any additional condition.
No proceedings may be brought against any person registered in respect of the regulated activity for a Part 1 offence that arises out of the failure to which the notice relates, so far as occurring before the relevant time.
In subsections (4) and (5) “the relevant time” means—
where a time is specified under subsection (2)(c)(i), the time so specified, and
in any other case, the date on which the notice was given.
In this section “relevant requirements” means—
any requirements or conditions imposed by or under this Chapter or Chapter 6, and
the requirements of any other enactment which appears to the Commission to be relevant.
If it appears to the Commission that the quality of health care provided by an NHS trust established under section 25 of the National Health Service Act 2006 or by an NHS foundation trust requires significant improvement, the Commission may give the trust a warning notice.
A warning notice under this section is a notice in writing—
stating that the Commission has formed the view that the quality of health care provided by the trust requires significant improvement,
specifying the health care concerned,
giving the Commission's reasons for its view, and
requiring the trust to make a significant improvement to the quality of the health care concerned within a specified time.
Where a warning notice under this section imposes more than one requirement under subsection (2)(d), it may specify different times for different requirements.
The Commission must—
where the notice specifies only one time under subsection (2)(d), determine at the end of that time whether the requirement has been complied with;
where the notice specifies more than one time under subsection (2)(d), determine at the end of the latest of those times, whether the requirements have been complied with.
Where, having carried out the duty under subsection (4), the Commission is satisfied that a requirement to which the notice relates has not been complied with, it—
must decide what action to take in relation to the trust, and
If—the justice may make the order, and the cancellation has effect from the time when the order is made.
the Commission applies to a justice of the peace for an order cancelling the registration of a person as a service provider or manager in respect of a regulated activity, and
it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,
An application under subsection (1) may, if the justice thinks fit, be made without notice having been given to the registered person.
As soon as practicable after the making of an application under this section, the Commission must give notice of the application—
in any case where regulations so provide, to NHS England,
in any case where regulations so provide, to such integrated care board ... or English local authority as may be determined in accordance with regulations,
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to such other persons as the Commission considers appropriate.
An order under subsection (1) must be in writing.
Where such an order is made, the Commission must, as soon as practicable after the making of the order, serve on the person registered as a service provider or manager in respect of the regulated activity—
a copy of the order, and
notice of the right of appeal conferred by section 32.
If the Commission has reasonable cause to believe that unless it acts under this section any person will or may be exposed to the risk of harm, the Commission may, by giving notice in writing under this section to a person registered as a service provider or manager in respect of a regulated activity, provide for any decision of the Commission that is mentioned in subsection (2) to take effect from the time when the notice is given.
Those decisions are—
a decision under section 18 to suspend the registration or extend a period of suspension.
The notice must—
state that it is given under this section,
state the Commission's reasons for believing that the circumstances fall within subsection (1),
specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and
explain the right of appeal conferred by section 32.
An appeal against—lies to the First-tier Tribunal.
an order made by a justice of the peace under section 30,
No appeal against a decision or order may be brought by a person more than 28 days after service on the person of notice of the decision or order.
On an appeal against a decision of the Commission, other than a decision to which a notice under section 31 relates, the First-tier Tribunal may confirm the decision or direct that it is not to have effect.
On an appeal against an order made by a justice of the peace the First-tier Tribunal may confirm the order or direct that it is to cease to have effect.
On an appeal against a decision to which a notice under section 31 relates, the First-tier Tribunal may confirm the decision or direct that it is to cease to have effect.
On an appeal against a decision or order, the First-tier Tribunal also has power—
to vary any discretionary condition for the time being in force in respect of the regulated activity to which the appeal relates,
to direct that any such discretionary condition is to cease to have effect,
to direct that any such discretionary condition as the First-tier Tribunal thinks fit shall have effect in respect of the regulated activity, or
to vary the period of any suspension.
In this section—“discretionary condition”, in relation to registration under this Chapter, means any condition other than a registered manager condition required by section 13(1);...
Offences
A person who—is guilty of an offence and liable on summary conviction to a fine.
is registered under this Chapter in respect of a regulated activity (whether as a service provider or manager), and
fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Chapter in relation to the registration,
If a person (“S”) who is registered under this Chapter as a service provider in respect of a regulated activity carries on that activity while S's registration is suspended, S is guilty of an offence.
A person (“M”) whose registration under this Chapter as a manager in respect of a regulated activity is suspended is guilty of an offence if, during the period of suspension, M manages that activity at a time when no one else has been registered under this Chapter as a manager in respect of the activity since the suspension of M's registration.
A person (“M”) whose registration under this Chapter as a manager in respect of a regulated activity has been cancelled is guilty of an offence if M manages that activity at a time when—
a person (“S”) remains registered under this Chapter as a service provider in respect of the activity,
S's registration remains subject to a registered manager condition, and
no-one has been registered under this Chapter as a manager in respect of the activity since the cancellation of M's registration.
If a person (“M”) who is registered under this Chapter as a manager in respect of a regulated activity manages that activity while the registration of the person registered under this Chapter as a service provider in respect of the activity is suspended, M is guilty of an offence if M knows or could reasonably be expected to know of the suspension.
A person guilty of an offence under this section is liable on summary conviction to a fine.
Regulations under this Chapter may provide that a contravention of or failure to comply with any specified provision of the regulations is to be an offence, but may not provide for an offence to be triable on indictment or to be punishable with imprisonment or, except in the case of regulations under section 20, with a fine exceeding level 4 on the standard scale.
Any person who, with intent to deceive any person—so as to indicate, or reasonably be understood to indicate, that the carrying on of the concern is a regulated activity or that the premises are used for the carrying on of a regulated activity is guilty of an offence unless the conditions in subsection (2) are met.
applies any name to any concern carried on in England or to any premises in England, or
in any way describes such a concern or such premises or holds such a concern or such premises out,
Those conditions are—
that a person is registered under this Chapter as a service provider in respect of the regulated activity in question, and
that the registration has not been suspended.
Any person who, with intent to deceive any person, in any way describes or holds out any person registered under this Chapter as a service provider in respect of a regulated activity as able to provide a 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 Chapter in relation to the regulated activity is guilty of an offence.
A person guilty of an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section “concern” includes any organisation.
Subsection (2) applies to any application under this Chapter by a person (“A”)—
for registration,
for the variation or removal of any condition in force in relation to A's registration,
for the variation or cancellation of any suspension of A's registration, or
for the cancellation of A's registration.
If, in an application to which this subsection applies, A knowingly makes a statement which is false or misleading in a material respect, A is guilty of an offence.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Information to be available to public
Subject to subsection (3), the Commission must secure that copies of any register kept for the purposes of this Chapter are available at its offices for inspection at all reasonable times by any person.
Subject to subsections (3) and (4), any person who asks the Commission for a copy of, or an extract from, a register kept for the purposes of this Chapter is entitled to have one.
Regulations may provide that subsections (1) and (2) do not apply—
in such circumstances as may be prescribed, or
to such parts of a register as may be prescribed.
A fee determined by the Commission is payable for the copy or extract except—
in prescribed circumstances, or
in any case where the Commission considers it appropriate to provide the copy or extract free of charge.
Miscellaneous
Where the Commission gives a notice to which this section applies in respect of a regulated activity, it must give a copy of the notice—
in any case where regulations so provide, to NHS England,
in any case where regulations so provide, to such integrated care board ... or English local authority as may be determined in accordance with regulations,
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to such other persons as the Commission considers appropriate.
This section applies to the following notices—
a notice under section 26 (notice of proposals),
a notice under subsection (1) or (3) of section 28 (notice of decisions),
a notice under section 31 (urgent procedure for suspension, variation etc.).
The Commission must notify each of the persons mentioned in subsection (1)(a) to (d) of either of the following events in relation to a person registered under this Chapter—
the payment of a penalty in accordance with a penalty notice issued under section 86, or
the commencement of proceedings in respect of a Part 1 offence.
Regulations may prescribe cases in which subsection (1) or (3) does not apply.
Regulations may require the person carrying on a regulated activity to make a return to the Commission at such intervals as may be prescribed.
Provision may be made by the regulations as to the contents of the return and the period in respect of which and date by which it is to be made.
Regulations may—
require any person to whom this section applies to give notice of the person's appointment to the Commission;
require any person to whom this section applies to appoint a person to manage the regulated activity in question.
This section applies to any person appointed as—
a receiver or manager of the property of a relevant company,
the liquidator or provisional liquidator of a relevant company, or
the trustee in bankruptcy of a relevant individual.
In this section—“company” includes a partnership;“relevant company” means a company which is registered under this Chapter as a service provider in respect of a regulated activity;“relevant individual” means an individual who is registered under this Chapter as a service provider in respect of a regulated activity.
Regulations may—
provide for the provisions of this Chapter to apply with prescribed modifications in cases where a person who was the only person registered under this Chapter as a service provider in respect of a regulated activity has died;
require the personal representatives of a deceased person who was registered as a service provider in respect of a regulated activity to notify the Commission of the person's death.
Regulations under subsection (1)(a) may in particular—
provide for the regulated activity to be carried on for a prescribed period by a person who is not registered in respect of it, and
include provision for the prescribed period to be extended by such further period as the Commission may allow.
Power to modify provisions of Chapter
Regulations may modify the provisions of this Chapter in their application to any newly regulated activity of a prescribed description.
A “newly regulated activity” is any regulated activity other than one which—
consists of or includes the carrying on of a relevant concern,
under the 2000 Act as it has effect immediately before commencement, is regulated under Part 2 of that Act by virtue of regulations under section 42 of that Act (power to extend application of that Part), or
consists of the provision of health care by a National Health Service body, as defined by section 121 of that Act.
For this purpose a relevant concern is anything which, under the 2000 Act as it has effect immediately before commencement, would for the purposes of that Act be—
an independent hospital,
an independent clinic,
an independent medical agency,
a care home,
a domiciliary care agency, or
a nurses agency.
Any regulated activity carried on by or on behalf of the Crown is for this purpose a newly regulated activity.
In this section—“the 2000 Act” means the Care Standards Act 2000 (c. 14);“commencement” means the commencement of section 10 of this Act.
Interpretation
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Healthwatch England and Local Healthwatch organisations
The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England committee to exercise the functions on its behalf.
The function in this subsection is to provide Local Healthwatch organisations with general advice and assistance in relation to—
the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);
the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act);
the carrying-on of activities specified in section 221(2) of that Act.
The function in this subsection is a power to make recommendations of a general nature to English local authorities about the making of arrangements under section 221(1) of that Act.
The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority's area, to give the authority concerned written notice of its opinion.
The function in this subsection is to provide the persons mentioned in subsection (6) with information and advice on—
the views of people who use health or social care services and of other members of the public on their needs for and experiences of health and social care services, and
the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.
The persons referred to in subsection (5) are—
the Secretary of State;
NHS England;
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English local authorities.
A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of its response or proposed response to the advice.
The Healthwatch England committee may provide the Commission with information and advice on the matters mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its response or proposed response to the advice.
The Commission must publish details of arrangements it makes under subsection (1) (including details of payments of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a discharge of the duty imposed by this subsection.
In performing functions under this section, the Healthwatch England committee must have regard to such aspects of government policy as the Secretary of State may direct.
In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State.
In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State.
In this section, “conflicts guidance” means guidance about managing conflicts between—
the exercise of functions by the Commission, and
the exercise of functions by the Healthwatch England committee on the Commission's behalf.
As soon as possible after the end of each financial year, the Healthwatch England committee—
must publish a report on the way in which it has exercised during the year the functions exercisable by it.
The committee must—
lay before Parliament a copy of each report made under subsection (1)(b), and
send a copy of each such report to the Secretary of State and to every Local Healthwatch organisation.
The committee may publish other reports at such times, and on such matters relating to health or social care, as it thinks appropriate.
Where a recommendation is made to the committee under section 221(2)(h) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation.
Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable, exclude any matter which relates to the private affairs of an individual the publication of which, in the committee's opinion, would or might seriously and prejudicially affect that individual's interests.
In this section, “financial year” means—
the period beginning with the date on which the committee is appointed and ending with the following 31 March, and
each successive period of 12 months ending with 31 March.
The Commission may grant a Local Healthwatch organisation a licence authorising the use, in relation to the carrying-on of activities under arrangements made under section 221(1) of the Local Government and Public Involvement in Health Act 2007, of a registered trade mark of which the Commission is the proprietor.
A licence under this section may not provide for the grant of a sub-licence by the licensee other than a sub-licence authorising the use of the mark by a Local Healthwatch contractor in relation to the carrying-on of activities under Local Healthwatch arrangements.
In this section—“Local Healthwatch arrangements” has the meaning given by section 222 of the Local Government and Public Involvement in Health Act 2007,“Local Healthwatch contractor” has the meaning given by section 223 of that Act, and“registered trade mark” and “use” have the same meaning as in the Trade Marks Act 1994.
Reviews and investigations
The Commission must, in respect of such regulated activities and such registered service providers as may be prescribed—
conduct reviews of the carrying on of the regulated activities by the service providers,
assess the performance of the service providers following each such review, and
publish a report of its assessment.
Regulations under subsection (1) may prescribe—
all regulated activities or regulated activities of a particular description;
all registered service providers or particular registered service providers;
the whole of a regulated activity or a particular aspect of it.
The assessment of the performance of a registered service provider is to be by reference to whatever indicators of quality the Commission devises.
The Commission must prepare a statement—
setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and
describing the method that it proposes to use in assessing and evaluating the performance of a registered service provider under this section.
The Commission may—
use different indicators for different cases,
make different provision about frequency and period of reviews for different cases, and
describe different methods for different cases.
The Commission must publish—
any indicators it devises for the purpose of subsection (3), and
the statement it prepares for the purpose of subsection (4).
Before doing so, the Commission—
must consult the Secretary of State and such other persons, or other persons of such a description, as may be prescribed, and
may also consult any other persons it considers appropriate.
The Commission may from time to time revise—and, if it does so, it must publish the indicators and statement as revised.
any indicators it devises for the purpose of subsection (3), and
the statement it prepares for the purpose of subsection (4);
Subsection (7) applies to revised indicators and a revised statement, so far as the Commission considers the revisions in question to be significant.
In this section “registered service provider” means a person registered under Chapter 2 as a service provider.
Consultation undertaken before the commencement of this section is as effective for the purposes of subsection (7) as consultation undertaken after that commencement.
The Commission must, in accordance with this section—
conduct reviews of the exercise of regulated care functions by English local authorities,
assess the performance of those authorities following each such review, and
publish a report of its assessment.
In this section “regulated care functions” means such functions under Part 1 of the Care Act 2014 (functions relating to adult social care in England) as may be prescribed.
Regulations under subsection(2) may prescribe—
all functions of English local authorities under Part 1 of the Care Act 2014 or some of their functions under that Part;
the whole of a function or a particular aspect of it.
The Secretary of State—
must set, and may from time to time revise, objectives and priorities for the Commission in relation to the assessment under this section of the performance of English local authorities, and
must inform the Commission of the objectives and priorities.
The Commission—
must determine, and may from time to time revise, indicators of quality for the purposes of the assessment under this section of the performance of English local authorities, and
must obtain the approval of the Secretary of State in relation to the indicators.
The Secretary of State may direct the Commission to revise the indicators under subsection(5).
Different objectives and priorities may be set, and different indicators of quality may be determined, for different cases.
The Commission—
must prepare, and may from time to time revise, a statement—
setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and
describing the method that it proposes to use in assessing and evaluating the performance of a English local authority under this section, and
must obtain the approval of the Secretary of State in relation to the statement.
The Secretary of State may direct the Commission to revise the statement under subsection(8).
The statement may—
make different provision about frequency and period of reviews for different cases, and
describe different methods for different cases.
The Commission must publish—
the objectives and priorities under subsection(4),
the indicators of quality under subsection(5), and
the statement under subsection(8).
For the purposes of this section “English local authority” includes the Council of the Isles of Scilly only so far as references to a local authority in Part 1 of the Care Act 2014 include references to that Council as a result of an order under section 128(4) of that Act.
The Commission must, in accordance with this section—
conduct reviews of—
the provision of relevant health care, and adult social care, within the area of each integrated care board, and
the exercise of the functions of the following in relation to the provision of that care within the area of each integrated care board: the board; its partner local authorities; and registered service providers,
assess the functioning of the system for the provision of relevant health care, and adult social care, within the area of each integrated care board (taking into account, in particular, how those mentioned in paragraph(a)(ii) work together), and
publish a report of its assessment.
The Secretary of State—
must set, and may from time to time revise, objectives and priorities for the Commission in relation to assessments under this section, and
must inform the Commission of the objectives and priorities.
The priorities set by the Secretary of State under subsection (2)(a) must include priorities relating to leadership, the integration of services and the quality and safety of services.
The Commission—
must determine, and may from time to time revise, indicators of quality for the purposes of assessments under this section, and
must obtain the approval of the Secretary of State in relation to the indicators.
The Secretary of State may direct the Commission to revise the indicators under subsection(4).
Different objectives and priorities may be set, and different indicators of quality may be determined, for different cases.
The Commission—
must prepare, and may from time to time revise, a statement—
setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and
describing the method that it proposes to use in assessing and evaluating the functioning of the system for the provision of relevant health care, and adult social care, within the area of an integrated care board, and
must obtain the approval of the Secretary of State in relation to the statement.
The statement may—
make different provision about frequency and period of reviews for different cases, and
describe different methods for different cases.
Before preparing or revising a statement under subsection(7) the Commission must consult—
NHS England, and
any other persons it considers appropriate.
The Secretary of State may direct the Commission to revise the statement under subsection(7).
The Commission must publish—
the objectives and priorities under subsection(2),
the indicators of quality under subsection(4), and
the statement under subsection(7).
For the purposes of this section—“adult social care” means social care for individuals aged 18 or over;“partner local authority”, in relation to an integrated care board, means any English local authority whose area coincides with, or includes the whole or any part of, the area of the integrated care board;“registered service provider” means a person registered under Chapter 2 as a service provider;“relevant health care” means—NHS care, or the promotion and protection of public health.
Regulations may amend the definition of “relevant health care” to include health care which is provided or commissioned by a public authority (but which does not amount to NHS care).
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The Commission may ...conduct any special review or investigation, and must do so if the Secretary of State so requests ; but the Commission may not conduct a review or investigation under subsection (2)(ba) or (bb) without the approval of the Secretary of State..
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the provision of NHS care,
the provision of adult social services,
the exercise of the functions of NHS England or an integrated care board in arranging for the provision of NHS care under the National Health Service Act 2006 or section 117 of the Mental Health Act 1983 (after-care),
the exercise of the functions of English local authorities in arranging for the provision of adult social services, or
the exercise of functions by English Health Authorities.
Such a review or investigation may relate—
to the overall provision of NHS care or adult social services or to the provision of NHS care or adult social services of a particular description;
to the overall exercise of functions or to the exercise of functions of a particular description;
to the provision of care or services or the exercise of functions by bodies or persons generally or by particular bodies or persons.
A review or investigation under subsection (2)(b), in so far as it involves a review or investigation into the arrangements made for the provision of the adult social services in question, is to be treated as a review or investigation under subsection (2)(bb) (and the requirement for approval under subsection (1) is accordingly to apply).
Where the Commission conducts a review or investigation under this section, it must publish a report.
The Commission must consider whether the report raises anything on which it ought to give advice to the Secretary of State under section 53(2).
If the review or investigation gives rise to a duty to act under section 50(2) ... in respect of an English local authority, subsection (5) does not apply in relation to so much of the report as relates to that local authority.
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In this section “English Health Authority” means—
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a Special Health Authority performing functions only or mainly in respect of England.
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If the Commission considers that the local authority is failing to discharge any of its adult social services functions to an acceptable standard, then ... the Commission must—
inform the Secretary of State of that fact, and
recommend any special measures which it considers the Secretary of State should take.
If the Commission recommends that the Secretary of State should take special measures in relation to the local authority, the Commission must, if the Secretary of State so requests—
conduct a further review under section 48 in relation to the authority, and
include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify.
there are significant failings in relation to the provision of health care by or pursuant to arrangements made by a Welsh NHS body,
there are significant failings in the running of a Welsh NHS body, or
there are significant failings in the running of a body, or the practice of an individual, providing health care pursuant to arrangements made by a Welsh NHS body.
The Commission may also recommend to the Welsh Ministers that, with a view to remedying those failings, the Welsh Ministers take special measures—
in a case falling within subsection (1)(a) or (b), in relation to the Welsh NHS body concerned;
in a case falling within subsection (1)(c), in relation to the body or individual concerned (except an English NHS body or a cross-border Special Health Authority).
In this section “Welsh NHS body” has the same meaning as in Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).
The functions of the Secretary of State under the following provisions of the Mental Health Act 1983 (c. 20) (“the MHA”) are transferred to the Commission—
section 57(2)(a) (appointment of registered medical practitioners and other persons),
section 58(3)(a) (appointment of registered medical practitioners),
section 61(1) (receipt of reports on treatment),
section 61(3) (power to disapply Part 4 certificates),
section 64H(4) (receipt of reports on treatment),
section 64H(5) (power to disapply Part 4A certificates),
section 118(2) (code of practice) so far as it relates to the appointment of registered medical practitioners,
section 119(1) (power to make provision for payment to practitioners etc.), and
section 120 (duty to keep matters under review etc.).
Registered medical practitioners, and other persons, appointed or authorised by the Commission in the exercise of a function under the MHA may include members or employees of the Commission.
The functions of the Mental Health Act Commission under the MHA are transferred—
in relation to England, to the Care Quality Commission;
in relation to Wales, to the Welsh Ministers.
Section 121 of the MHA (which makes provision about the Mental Health Act Commission and requires the Secretary of State and the Welsh Ministers to delegate some of their functions to it) ceases to have effect.
Schedule 3 (which makes amendments to the MHA consequential on the provisions of this section, and other amendments to the MHA relating to the functions of the Commission and the Welsh Ministers) has effect.
The Commission must keep the Secretary of State informed about the following matters—
the provision of NHS care;
the provision of adult social services;
the carrying on of regulated activities.
The Commission may at any time give the Secretary of State advice on anything connected with those matters.
Advice under subsection (2) may in particular include advice on any changes that the Commission thinks should be made to—
regulations under section 20 (regulation of regulated activities), or
a code of practice under section 21 (code of practice relating to health care associated infections), or
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When requested to do so by the Secretary of State, the Commission must give the Secretary of State such advice or information in connection with a matter mentioned in subsection (1) as may be specified in the request.
The Commission may give advice—
to the Secretary of State or an English NHS body about the establishment or conduct of any inquiry held, or to be held, by the Secretary of State or NHS body in relation to the provision of health care by or pursuant to arrangements made by that body;
to the Secretary of State or an English local authority about the establishment or conduct of any inquiry held, or to be held, by the Secretary of State or local authority in relation to the provision of adult social services by or pursuant to arrangements made by that authority.
The Commission may ...undertake or promote comparative or other studies designed to enable it to make recommendations—
for improving economy, efficiency and effectiveness in any activity mentioned in subsection (2),
for improving the management, other than the financial management, of an English NHS body, or
for improving the management of an English local authority in its provision of adult social services.
Those activities are—
the provision of health care by an English NHS provider,
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the provision of adult social services by an English local authority, and
the making of arrangements by an English local authority for the provision of adult social services.
The Commission may not exercise the power under subsection (1)(a), so far as it relates to the activity mentioned in subsection (2)(d), without the approval of the Secretary of State.
The Commission may ... also undertake or promote studies designed to enable it to prepare reports as to the impact of—on economy, efficiency and effectiveness in an activity mentioned in subsection (2)(c) or (d).
the operation of any particular statutory provisions, or
any directions or guidance given by a Minister of the Crown (whether pursuant to any such provisions or otherwise),
The Commission must undertake or promote a study falling within subsection (1) or (3) if the Secretary of State so requests.
The reference in subsection (1) to an English NHS body does not include a reference to NHS England, an integrated care board or a Special Health Authority.
The Commission must publish—
any recommendations made by it under subsection (1) of section 54, and
the result of any studies undertaken or promoted under that section.
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The Commission may ... review—
studies and research undertaken by others, or the quality of data obtained by others, in relation to the provision of NHS care or adult social services or the carrying on of regulated activities,
the methods used in undertaking such studies and research or in collecting and analysing such data, and
the validity of conclusions drawn from such studies and research or from such data.
The Commission must conduct a review under subsection (1) if the Secretary of State so requests.
If the Commission conducts a review under this section it must publish a report.
The Commission may make available to the public information relating to—
the provision of NHS care;
the provision of adult social services;
the carrying on of regulated activities.
The Secretary of State may by regulations provide that the Commission is to have such additional functions as may be specified in the regulations in relation to any of the following—
the provision of NHS care;
the exercise in respect of England of functions by cross-border Special Health Authorities;
the improvement of—
economy, efficiency and effectiveness in the exercise of the functions of English NHS bodies, and
the financial or other management, or operations, of English NHS bodies;
the provision of adult social services;
the carrying on of regulated activities;
the exercise of powers or the discharge of duties conferred or imposed by the Mental Health Act 1983 (c. 20) as mentioned in section 120(1) of that Act.
The Secretary of State must consult NHS England before making provision under subsection (1) in relation to persons who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.
The references in subsection (1) to English NHS bodies do not include references to NHS England or integrated care boards.
Inspections
The Commission may for the purposes of its regulatory functions carry out inspections of—
the carrying on of a regulated activity,
the provision of NHS care,
the provision of adult social services,
the exercise of functions by an English local authority, or
the exercise of functions by an English NHS body.
For the purposes of this Part, the “regulatory functions” of the Commission are its functions under Chapters 2, 3 and 5 except—
its functions under section 53 (information and advice),
its functions under section 57 (reviews of data, studies and research), and
its functions under regulations under section 59 (additional functions) to the extent that the regulations provide that they are not to be treated as regulatory functions for the purposes of this Part.
In this section “English local authority” has the same meaning as in section 46A(see subsection(12) of that section).
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Where an inspection is carried out under section 60 for the purposes of the Commission's functions under Chapter 2, the Commission must—
prepare a report on the matters inspected, and
without delay send a copy of the report to—
the person who carries on the regulated activity in question, and
if a person is registered under that Chapter as a manager in respect of the activity, that person.
The Commission must publish a report prepared under subsection (2).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers of entry etc.
The power in subsection (2) is exercisable if the Commission considers it necessary or expedient for the purposes of any of its regulatory functions.
A person authorised by the Commission may enter and inspect any premises which are, or which the person reasonably believes to be, regulated premises.
Premises are “regulated premises” if they fall within one or more of the following descriptions—
they are used for the carrying on of a regulated activity,
they are owned or controlled by an English NHS body or English local authority, or
they are used or proposed to be used for or in connection with—
the provision of NHS care,
the exercise of any functions of an English NHS body, or
the provision of adult social services.
If NHS care or an adult social service is provided to a person in premises used wholly or mainly as a private dwelling, the premises are not to be regarded as used for or in connection with the provision of that care or service.
A person who proposes to exercise the power conferred by subsection (2) must if so required produce some duly authenticated document showing the person's authority to exercise the power.
“Premises” includes a vehicle.
This section applies where a person (“A”) is authorised by virtue of section 62 to enter and inspect premises.
If A considers it necessary or expedient for relevant purposes, A may—
make any examination into the state and management of the premises or the treatment of persons receiving care there,
inspect and take copies of any documents or records,
have access to, and check the operation of, any computer, and any associated apparatus or material, which is or has been in use in connection with any documents or records,
inspect any other item,
seize and remove from the premises any documents, records or other items,
interview in private—
any person who carries on or manages a regulated activity, or who manages the provision of NHS care or adult social services, at the premises,
any person working at the premises, and
any person receiving care at the premises who consents to be interviewed, and
if the conditions in subsection (3) are met, examine in private any person receiving care at the premises.
The conditions are—
A is a registered medical practitioner or registered nurse,
A has reason to believe that the person to be examined is not receiving proper care at the premises, and
the person to be examined—
is capable of giving consent to the examination and does so, or
is incapable of giving consent to the examination.
The power under subsection (2)(b) includes power—
to require any person holding or accountable for documents or records (whether or not kept at the premises) to produce them for inspection at the premises, and
to require any records which are kept by means of a computer to be produced in a form in which they are legible and can be taken away.
The power under subsection (2)(f)(i) to interview a person in private includes power, in the case of a body corporate, to interview in private—
any director, manager, secretary or other similar officer of the body corporate, and
where the body is an English NHS body or English local authority, any officer or member of the NHS body or local authority.
A may—
require any person to afford A such facilities and assistance with respect to matters within the person's control as are necessary to enable A to exercise powers under section 62 and this section, and
take such measurements and photographs, and make such recordings, as A considers necessary to enable A to exercise those powers.
A person who without reasonable excuse—is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
obstructs the exercise of a power conferred by section 62 or this section, or
fails to comply with a requirement imposed under this section,
In this section—
“relevant purposes” means the purposes of any of the Commission's regulatory functions,
any reference to documents or records includes a reference to personal and medical records, and
any reference to a person receiving care at premises includes a reference to a person who is accommodated there.
The Commission may require any person mentioned in subsection (2) to provide it with any information, documents, records (including personal and medical records) or other items which the Commission considers it necessary or expedient to have for the purposes of any of its regulatory functions.
The persons are—
an English NHS body,
a person providing health care commissioned by —
NHS England,
an integrated care board, or
...
an English local authority,
a person providing adult social services commissioned by an English local authority, ...
a person who carries on or manages a regulated activity, ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The power in subsection (1) to require the provision of information, documents or records includes, in relation to information, documents or records kept by means of a computer, power to require the provision of the information, documents or records in legible form.
A person who without reasonable excuse fails to comply with a requirement imposed under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The Secretary of State may by regulations make provision requiring prescribed persons to provide an explanation of any relevant matter to the Commission, or to persons authorised by the Commission, in circumstances where the Commission considers the explanation necessary or expedient for the purposes of any of its regulatory functions.
“Relevant matter” means—
any information provided under those sections,
any documents, records, other items or information otherwise provided to the Commission by any person for the purposes of the Commission's regulatory functions, or
any matters which are the subject of the exercise of any such functions.
Regulations under subsection (1) may require explanations to be provided at such times and places as may be specified by the Commission.
A person who without reasonable excuse fails to comply with a requirement imposed by virtue of this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Interaction with other authorities
Schedule 4 (interaction with other authorities) has effect.
The Commission must promote the effective co-ordination of reviews or assessments carried out by public bodies or other persons in relation to the carrying on of regulated activities.
The Secretary of State may publish guidance about steps which regulatory authorities may take in exercising relevant powers with a view to avoiding the imposition of unreasonable burdens on those in respect of whom the powers are exercisable.
“Regulatory authorities” means—
the Commission, and
such other bodies as may be prescribed.
A body may not be prescribed under subsection (2)(b) unless it has functions relating to the provision of health or social care.
“Relevant powers” means powers conferred by or under an enactment to—but, in relation to a body prescribed under subsection (2)(b), such powers are “relevant powers” only so far as they are exercisable in respect of a person in respect of whom the Commission has relevant powers.
carry out inspections, or
require the provision of information,
The steps mentioned in subsection (1) might include for example—
co-operating with other regulatory authorities and co-ordinating the exercise of relevant powers,
sharing information or the results of inspections, and
seeking to obtain information from other sources before exercising a relevant power to require the provision of that information.
In exercising relevant powers, regulatory authorities must have regard to any guidance published under subsection (1).
Nothing in this section is intended to limit the scope of a relevant power or affect a person's obligation to comply with a requirement imposed in the exercise of such a power.
In this section—
“inspections” includes inspections of persons, premises or the carrying on of activities,
a reference to a power to carry out inspections includes a reference to any power which is ancillary to that power (such as a power to enter premises or to require assistance), and
a reference to a power to require the provision of information includes a reference to a power to require the production of documents, records or other items, a power to require the making of reports and a power to require explanations.
The Commission and the Welsh Ministers must co-operate with each other for the efficient and effective discharge of their corresponding functions.
Their corresponding functions are—
the Commission's functions, and
any functions of the Welsh Ministers exercisable in or in relation to Wales which correspond or are similar to any of the Commission's functions.
The Commission and the Welsh Ministers may share information with each other for the purposes of subsection (1).
The Commission must co-operate with NHS England in the exercise of their respective functions.
In particular the Commission must—
give NHS England any information the Commission has about the provision of health care which the Commission or NHS England considers would assist NHS England in the exercise of—
its regulatory functions, within the meaning given by section 13SB(2) of the National Health Service Act 2006, or
its functions under section 27A of the National Health Service Act 2006 (NHS trusts: oversight and support)
make arrangements with NHS England to ensure that—
a person applying to be both registered under Chapter 2 and for a licence under the Health and Social Care Act 2012 may do so by way of a single application form, and
such a person is granted a registration under Chapter 2 and a licence under that Act by way of a single document, and
seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.
Without prejudice to subsection (2)(a) the Commission must, on request, provide the NHS England with any material relevant to—so far as the material relates to the provision of health care by a person who holds a licence under the Health and Social Care Act 2012
a review under section 46 ...,
a review or investigation under section 48, or
a study promoted, or undertaken, by the Commission under section 54,
In this section, a reference to a licence under the Health and Social Care Act 2012 is a reference to a licence under Chapter 3 of Part 3 of that Act.
The Auditor General for Wales must, on request, provide the Commission with any information it may reasonably require for the purpose of making comparisons, in the exercise of its functions under section 54 so far as relating to health care or English NHS bodies, between English NHS bodies and Welsh NHS bodies.
In this section “Welsh NHS body” has the same meaning as in Part 3 of the Public Audit (Wales) Act 2004 (c. 23).
The Commission must, on request, provide the Comptroller and Auditor General with any material relevant to—
a review under section 46 ... in respect of an English NHS body,
a review or investigation under section 48 in respect of such a body, or
a study promoted, or undertaken, by the Commission under section 54.
The Commission and a Minister of the Crown may make arrangements for the Commission to—
perform any of its functions in relation to a prescribed health scheme, or a prescribed social care scheme, for which the Minister has responsibility;
provide services or facilities insofar as they are required by the Minister in connection with such a scheme.
Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.
Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to it of giving effect to the arrangements.
In this section—“health scheme” means a scheme which appears to the Secretary of State to be a health or medical scheme paid for out of public funds;“social care scheme” means a scheme which appears to the Secretary of State to be a social care scheme paid for out of public funds.
The Commission and a Northern Ireland Minister may make arrangements for the Commission to—
exercise on behalf of the Minister any function of the Minister which corresponds to a function of the Commission and relates to the Northern Ireland health service;
provide services or facilities insofar as they are required by the Minister in connection with the exercise by the Minister of any such functions.
Arrangements under this section may be made on such terms and conditions as may be agreed between the parties to the arrangements.
Those terms and conditions may include provision with respect to the making of payments to the Commission in respect of the cost to it of giving effect to the arrangements.
Any arrangements under subsection (1)(a) are not to affect the responsibility of the Minister on whose behalf the function is exercised.
In this section—“Northern Ireland Minister” includes the First Minister, the deputy First Minister and a Northern Ireland department;“Northern Ireland health service” means any of the health services under any enactment which extends to Northern Ireland and which corresponds to section 1(1) of the National Health Service Act 2006 (c. 41).
Inquiries
The Secretary of State may cause an inquiry to be held into any matter connected with the exercise by the Commission of any of its functions.
Before an inquiry is begun, the Secretary of State may give a direction that it be held in private.
Where no such direction has been given, the person holding the inquiry may decide to hold it, or any part of it, in private.
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70) (powers in relation to local inquiries) apply in relation to an inquiry under this section as they apply in relation to a local inquiry under that section.
The report of the person holding the inquiry is to be published, unless the Secretary of State considers that there are exceptional circumstances which make publication inappropriate.
Publication is to be in such manner as the Secretary of State considers appropriate.
Information
This section applies to information which—
has been obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and
relates to and identifies an individual.
A person is guilty of an offence if the person knowingly or recklessly discloses information to which this section applies during the lifetime of the individual.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both;
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.
In relation to an offence committed before 2 May 2022, the reference in subsection (3)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
For the purposes of subsection (1)(b), information obtained by the Commission is to be treated as identifying an individual if the individual can be identified from a combination of—
that information, and
other information obtained by the Commission.
It is a defence for a person charged with an offence under section 76 to prove that at the time of the alleged offence—
any of the circumstances in subsection (2) applied in relation to the disclosure, or
the person reasonably believed that any of them so applied.
The circumstances are—
that the disclosure was made in a form in which the individual to whom the information relates is not identified;
that the disclosure was made with the consent of that individual;
that the information disclosed had previously been lawfully disclosed to the public;
that the disclosure was made in accordance with any enactment or court order;
that the disclosure was necessary or expedient for the purposes of protecting the welfare of any individual;
that the disclosure was made to any person or body in circumstances where it was necessary or expedient for the person or body to have the information for the purpose of exercising functions of that person or body under any enactment.
It is also a defence for a person charged with an offence under section 76 to prove that the disclosure was made—
for the purpose of facilitating the exercise of any of the Commission's functions,
in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
for the purpose of criminal proceedings (whether or not in the United Kingdom).
If a person charged with an offence under section 76 relies on a defence in subsection (1) or (3), and evidence is adduced which is sufficient to raise an issue with respect to that defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
For the purposes of subsection (2)(a), information disclosed by a person is to be treated as being in a form in which an individual is identified if the individual can be identified from a combination of—
the information, and
other information disclosed by the person or by the Commission.
Information obtained by, or documents or records produced to, the Commission in connection with any of its functions may be used by the Commission in connection with any of its other functions.
Subsections (2) and (3) apply to any information obtained by the Commission in the course of exercising any of its functions.
In the case of information relating to an individual, the Commission may disclose the information if—
the disclosure is made in a form in which the individual is not identified, or
the disclosure is made with the consent of the individual.
In all cases (whether or not relating to an individual), the Commission may disclose the information if—
the information has previously been lawfully disclosed to the public,
the disclosure is made in accordance with any enactment or court order,
the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,
the disclosure is made to any person or body in circumstances where it is necessary or expedient for the person or body to have the information for the purpose of exercising functions of that person or body under any enactment,
the disclosure is made for the purpose of facilitating the exercise of any of the Commission's functions,
the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or
the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).
Subsections (2) and (3) have effect notwithstanding any rule of common law which would otherwise prohibit or restrict the disclosure.
For the purposes of subsection (2)(a), information disclosed by the Commission is to be treated as being in a form in which an individual is identified if the individual can be identified from a combination of—
the information, and
other information disclosed by the Commission.
The Commission must prepare and publish a code in respect of the practice it proposes to follow in relation to confidential personal information.
The code must in particular make provision—
about the obtaining by the Commission of information which, once obtained, will be confidential personal information, and
about the handling, use and disclosure by the Commission of confidential personal information.
Before publishing the code, the Commission must consult—
NHS England, and
such other persons as it considers appropriate.
The Commission must keep the code under review and, if it considers it appropriate, from time to time publish a revised code (and references in this section to the code include any revised code).
In this section “confidential personal information” means information which—
is obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and
relates to and identifies an individual.
For the purposes of subsection (5)(b), information obtained by the Commission is to be treated as identifying an individual if the individual can be identified from a combination of—
the information, and
other information obtained by the Commission.
Further provisions about functions of Commission
The Commission must from time to time prepare and publish a document setting out—
the special reviews and investigations that it proposes to conduct under section 48,
the studies that it proposes to undertake under section 54, and
the reviews that it proposes to conduct under section 57.
Before preparing a document under subsection (1) the Commission must consult—and it must send each of those persons or bodies a copy of the document once it is prepared.
the Secretary of State,
NHS England, and
any other person or body specified by an order made by the Secretary of State,
The Commission may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of subsection (1) (so long as the requirements of subsection (2) are complied with in relation to the document or documents concerned).
Nothing in a document published under subsection (1) is to be regarded—
as affecting any power of the Secretary of State to require a review or investigation to be conducted or a study to be undertaken, or
as preventing the Commission from conducting an investigation under section 48 where the Commission considers there to be a risk to the health, safety or welfare of persons receiving health or social care.
The Secretary of State may give a direction to the Commission if the Secretary of State considers that the Commission—
is failing or has failed to discharge any of its functions, or
is failing or has failed properly to discharge any of its functions and that the failure is significant..
The Secretary of State may give a direction to the Healthwatch England committee if the Secretary of State considers that the committee—and that the failure is significant.
is failing or has failed to discharge a function under section 45A or any other function it is required to discharge, or
is failing or has failed properly to discharge a function under that section or any other function it is required to discharge,
A direction under subsection (1) or (1A) may direct the Commission or (as the case may be) the committee to discharge such of those functions, and in such manner and within such period or periods, as may be specified in the direction.
But the Secretary of State may not give a direction under subsection (1) or (1A) in relation to the performance of functions in a particular case.
If the Commission or the committee fails to comply with a direction under subsection (1) or (1A), the Secretary of State may—
discharge the functions to which the direction relates, or
make arrangements for any other person to discharge them on the Secretary of State's behalf.
Where the Secretary of State exercises a power under subsection (1), (1A) or (3), the Secretary of State must publish the reasons for doing so.
For the purposes of this section a failure to discharge a function properly includes a failure to discharge it consistently with what the Secretary of State considers to be the interests of the health service in England or (as the case may be) with what otherwise appears to the Secretary of State to be the purpose for which it is conferred; and “the health service” has the same meaning as in the National Health Service Act 2006.
As soon as possible after the end of each financial year, the Commission must make a report on each of the following matters—
the way in which it has exercised its functions during the year,
the provision of NHS care during the year,
the provision of adult social services during the year,
the carrying on of regulated activities during the year, and
the steps taken by it during the year to implement the proposals in its statement under section 5 (statement on user involvement).
The reference in subsection (1)(a) to the Commission's functions does not include a reference to its functions under section 45A.
The Commission may comply with subsection (1) by preparing a single document or separate documents on each of the matters mentioned there.
The reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the year concerned.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Commission must—
lay before Parliament a copy of each report made under subsection (1), and
send a copy of each such report to the Secretary of State.
The Commission must also provide the Secretary of State with such reports and information relating to the exercise of its functions as the Secretary of State may from time to time request.
Subsection (1)(a) does not apply to the Commission's functions under the Mental Health Act 1983 (c. 20).
In this section, “financial year” means—
the period beginning with the date on which the Commission is established and ending with the next 31 March following that date, and
each successive period of 12 months ending with 31 March.
Subsections (2) and (3) apply to a report published by the Commission under any provision of this Part or of the Mental Health Act 1983.
The Commission must make copies of the report available for inspection at its offices by any person at any reasonable time.
Any person who requests a copy of the report is entitled to have one on payment of such reasonable fee (if any) as the Commission considers appropriate.
The Commission may charge a person such reasonable fee as it considers appropriate where it provides the person, on request, with any other information relevant to the exercise of the Commission's functions under this Part.
Fees
The Commission may with the consent of the Secretary of State from time to time make and publish provision—
requiring a fee to be paid in respect of—
an application for registration as a service provider or manager under Chapter 2,
the grant or subsistence of any such registration, or
an application under section 19(1);
requiring English NHS bodies, English local authorities, persons registered under Chapter 2 and such other persons as may be prescribed to pay a fee in respect of the exercise by the Commission of such of its other functions under this Part as may be prescribed.
The amount of a fee payable under provision under subsection (1) is to be such as may be specified in, or calculated or determined under, the provision.
Provision under subsection (1) may include provision—
for different fees to be paid in different cases,
for different fees to be paid by persons of different descriptions,
for the amount of a fee to be determined by the Commission in accordance with specified factors, and
for determining the time by which a fee is to be payable.
Before making provision under subsection (1) the Commission must consult such persons as it thinks appropriate.
If the Secretary of State considers it necessary or desirable to do so, the Secretary of State may by regulations make provision determining the amount of a fee payable to the Commission by virtue of this section, and the time at which it is payable, instead of those matters being determined in accordance with provision made under subsection (1).
Before making any regulations under this section, the Secretary of State must consult the Commission and such other persons as the Secretary of State thinks appropriate.
For the purpose of determining the fee payable by a person by virtue of this section, the person must provide the Commission with such information, in such form, as the Commission may require.
A fee payable by virtue of this section may, without prejudice to any other method of recovery, be recovered summarily as a civil debt.
Enforcement
Where the Commission is satisfied that a person has committed a fixed penalty offence, the Commission may give the person a penalty notice in respect of the offence.
A fixed penalty offence is any Part 1 offence that is prescribed for the purposes of this section.
A penalty notice is a notice offering the person the opportunity of discharging any liability to conviction for the offence to which the notice relates by payment of a penalty in accordance with the notice.
Where a person is given a penalty notice, proceedings for the offence to which the notice relates may not be instituted before the end of such period as may be prescribed.
Where a person is given a penalty notice, the person cannot be convicted of the offence to which the notice relates if the person pays a penalty in accordance with the notice.
Penalties under this section are payable to the Commission.
Penalties received by the Commission under this section must be paid to the Secretary of State.
Regulations may make—
provision as to the form and content of penalty notices,
provision as to the monetary amount of the penalty and the time by which it is to be paid,
provision determining the methods by which penalties may be paid,
provision as to the records to be kept in relation to penalty notices,
provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—
repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and
prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates,
provision for a certificate—to be received in evidence of the matters so stated,
purporting to be signed by or on behalf of a prescribed person, and
stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,
provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice, and
such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.
Regulations under subsection (1)(b)—
may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but
must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction or, where there is no such maximum amount, £50,000.
In this section—“penalty” means a penalty under a penalty notice;“penalty notice” has the meaning given by section 86(3).
The Commission must issue guidance about how it will exercise its functions under any of the following provisions of this Part—
section 12(5) (variation, removal or imposition of condition in relation to registration as a service provider),
section 15(5) (variation, removal or imposition of condition in relation to registration as a manager),
section 86 (penalty notices), and
section 89 (publication of information).
The guidance may also include guidance, in relation to any Part 1 offence, as to the circumstances in which the Commission is likely to take criminal proceedings for the offence.
The Commission may from time to time revise guidance published by it under this section and issue the revised guidance.
Before issuing any guidance or revised guidance under this section, the Commission must consult—
such persons as may be prescribed, and
such other persons as the Commission considers appropriate.
Regulations may authorise or require the publication by the Commission of prescribed information relating to—
the cancellation or suspension of a person's registration under Chapter 2;
the conviction of any person in respect of a Part 1 offence and the penalty imposed;
the payment by any person of a penalty in accordance with a penalty notice issued under section 86, and the offence to which the notice relates.
Any regulations made by virtue of subsection (1)(e) must require the Commission, before publishing information relating to a warning notice under section 29 or 29A, to provide the person to whom the notice was given with an opportunity to make representations to the Commission relating to the matters dealt with in the notice.
The regulations may prescribe the time when, and manner in which, any information is to be published.
Proceedings in respect of a Part 1 offence may not, without the written consent of the Attorney General, be taken by any person other than—
the Commission, or
in relation to any functions of the Commission which the Secretary of State is for the time being discharging by virtue of section 82, the Secretary of State.
Proceedings for a Part 1 offence may be brought within a period of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge; but no such proceedings are to be brought by virtue of this subsection more than 3 years after the commission of the offence.
This section applies where a Part 1 offence is committed by a body corporate.
If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to any neglect on the part of—that director, manager, secretary or person purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
any director, manager or secretary of the body corporate, or
any person who was purporting to act in any such capacity,
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
to any other similar officer of the body, and
where the body is an English NHS body or English local authority, to any officer or member of the NHS body or local authority.
Proceedings for a Part 1 offence alleged to have been committed by an unincorporated association are to be brought in the name of the association (and not in that of any of the members).
Rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.
In proceedings for a Part 1 offence brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply as they apply in relation to a body corporate.
A fine imposed on an unincorporated association on its conviction for a Part 1 offence is to be paid out of the funds of the association.
If a Part 1 offence committed by an unincorporated association is proved—the officer or member (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
to be attributable to any neglect on the part of such an officer or member,
Service of documents
Any notice required under this Part to be given to a person (“R”) may be given to R—
by being delivered personally to R,
by being sent to R—
by a registered post service, as defined by section 125(1) of the Postal Services Act 2000 (c. 26), or
by a postal service which provides for the delivery of the document to be recorded, or
subject to section 94, by being sent to R by an electronic communication.
Where a notice is given as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
Where a notice is given as mentioned in subsection (1)(c) in accordance with section 94, it is, unless the contrary is proved, to be taken to have been received on the next working day after the day on which it is transmitted; and in this subsection “working day” means any day other than—
a Saturday or Sunday;
Christmas Day or Good Friday; or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England.
Any notice required under this Part to be given to a body corporate or firm is duly given if it is given to the secretary or clerk of that body or a partner of that firm.
For the purposes of section 7 of the Interpretation Act 1978 (c. 30) in its application to this section, the proper address of a person is—
in the case of a person registered under Chapter 2 who has notified the Commission under regulations under section 16 (regulations about registration) of an address for service, that address, and
in any other case, the address determined in accordance with subsection (5).
That address is—
in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,
in the case of a partner of a firm, the address of the principal office of the firm, and
in any other case, the last known address of the person.
In this section and in section 94—
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7),
“notice” includes any other document, and
a reference to a notice being given by or to a person includes a reference to a notice being served by or on a person.
If a notice required or authorised under this Part to be given by or to a person is sent by an electronic communication, it is to be treated as given only if the requirements of subsection (2) or (3) are met.
If the person required or authorised to give the notice is the Commission—
the person to whom the notice is required or authorised to be given must have indicated to the Commission the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and
the notice must be sent to the address provided by that person.
If the person required or authorised to give the notice is not the Commission, the notice must be sent in such manner as the Commission may require.
An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given by the Commission under this Part or may be limited to notices of a particular description.
A requirement imposed by the Commission under subsection (3) must be published in such manner as the Commission thinks appropriate for the purpose of bringing it to the attention of persons who are likely to be affected by it.
Further amendments
Schedule 5 (which contains further amendments relating to the provisions of this Part) has effect.
Crown application
Any provision made by or under Chapter 2 or 3 or this Chapter binds the Crown, but does not affect Her Majesty in her private capacity.
Subsection (1)—
does not require regulations made under section 8 to be made so as to apply to activities carried on by or on behalf of the Crown, and
is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (references to Her Majesty in her private capacity) were contained in this Act.
No contravention of any provision made by or under Chapter 2 or 3 or this Chapter is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
The provisions of Chapters 2 and 3 and this Chapter apply to persons in the public service of the Crown as they apply to other persons.
If the Secretary of State certifies that it appears to the Secretary of State requisite or expedient in the interests of national security that the powers of entry and inspection conferred by sections 62 and 63—those powers are not exercisable in relation to those premises or (as the case may be) are not exercisable in relation to those premises except in those circumstances.
should not be exercisable in relation to any premises which are used by or on behalf of the Crown and are specified in the certificate, or
should not be exercisable in relation to any premises which are so used and are specified in the certificate, except in circumstances specified in the certificate,
Interpretation
In this Part—“adult social services” means—services which are provided or commissioned by an English local authority in the exercise of its adult social services functions, and services which are provided or commissioned by an English local authority under section 2(1)(b) of the Local Government Act 2000 (c. 22) or section 1 of the Localism Act 2011 and which are similar in nature to a service which could be provided by the authority in the exercise of any of its adult social services functions;“adult social services functions” means social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) so far as relating to persons aged 18 or over, excluding any function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 (c. 40) applies;“the Commission” means the Care Quality Commission;“cross-border Special Health Authority” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));“English local authority” means—a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;“English NHS body” means—...... a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, NHS England, an integrated care board, an NHS foundation trust, or a Special Health Authority performing functions only or mainly in respect of England;“English NHS provider” means—... a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or an NHS foundation trust;“health care” has the meaning given by section 9(2) (but see subsection (2) below);“health or social care” has the meaning given by section 9(4);“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);“NHS care” means health care commissioned by NHS England or by an integrated care board(whether from an English NHS provider or not), or...“Part 1 offence” means an offence under this Part or under regulations under this Part;“prescribed” means prescribed by regulations;“regulated activity” has the meaning given by section 8;“regulations” means regulations made by the Secretary of State;“regulatory functions”, in relation to the Commission, is to be read in accordance with section 60(2);“social care” has the meaning given by section 9(3).
Except in Chapter 2, any reference in this Part to the provision of health care includes a reference to—
the provision of services connected with the provision of health care, and
the promotion and protection of public health.
Any reference in this Part to health care commissioned by NHS England or by an integrated care board is a reference to health care provided by other persons pursuant to arrangements made by NHS England or an integrated care board (including arrangements made by it in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006).
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Any reference in this Part to adult social services commissioned by an English local authority is a reference to adult social services provided by other persons pursuant to arrangements made by the authority.
Any reference in this Part to a person who carries on a regulated activity includes a reference to a person who carries it on otherwise than for profit.
Any reference in this Part to the provision of health care, or adult social services, by a person includes a reference to the provision of that care, or those services, by that person's agent or sub-contractor.
In its application to a function conferred on the Commission by regulations under section 59(1)(b), Chapter 6 has effect as if any reference in Chapter 6 to an English NHS body included a reference to a cross-border Special Health Authority.
Regulation of health professions and health and social care workforce
The Office of the Health Professions Adjudicator
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Amendments of Part 3 of Health Act 1999
After section 60 of the 1999 Act insert—
The Council for Healthcare Regulatory Excellence
The Council for the Regulation of Health Care Professionals is to be known instead as the Council for Healthcare Regulatory Excellence.
Accordingly, in section 25 of the 2002 Act (which establishes the Council), in subsection (1), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.
After subsection (2) of that section insert—
Schedule 7 to the 2002 Act (which contains provisions relating to the Council) is amended as follows.
For paragraph 4 substitute—
In paragraph 6—
for paragraph (a) substitute—,
in paragraph (b), for “chairman and other members” substitute “ chair and non-executive members ”, and
before the “and” at the end of paragraph (b) insert—.
In paragraph 10, for “chairman” (wherever occurring) substitute “ chair ”.
For paragraph 11 substitute—
In paragraph 16 after sub-paragraph (1) insert—
In section 26 of the 2002 Act (powers and duties of the Council: general), for subsection (4) substitute—
After section 26 of the 2002 Act insert—
In section 26 of the 2002 Act (powers and duties of the Council: general), omit subsections (7) and (8) (which are superseded by subsection (1) of this section).
After section 26A of the 2002 Act insert—
Section 29 of the 2002 Act (reference of disciplinary cases by Council to court) is amended as follows.
In subsection (1)—
for paragraph (a) substitute—,
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in paragraph (e) omit the words from “(other than a determination” to the end,
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for paragraph (g) substitute—,
for paragraph (h) substitute—, and
for paragraph (j) substitute—
For subsection (5) substitute—
In subsection (6) for the words from “four weeks beginning with the last date” to the end substitute “ 40 days beginning with the day which is the last day on which the practitioner concerned can appeal against the relevant decision ”.
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Conduct and performance of medical practitioners and other health care workers
After Part 5 of the Medical Act 1983 (c. 54) insert—
Regulations under this section may confer on a responsible officer nominated or appointed for the purposes of regulations under section 45A of the Medical Act 1983 (c. 54) (requirement to nominate or appoint responsible officer) additional responsibilities that relate to—but do not relate to the regulation under that Act of the medical profession.
the entry by the designated body into contracts of employment with medical practitioners or into contracts for the provision of services by such practitioners,
the monitoring of the conduct or performance of medical practitioners who have a prescribed connection with the designated body, or
ensuring that appropriate action is taken in response to concerns about such conduct or performance,
Subject to subsection (3), the power to make regulations under this section is exercisable—
in relation to England, by the Secretary of State,
in relation to Wales, by the Welsh Ministers, or
in relation to Northern Ireland, by the Department of Health, Social Services and Public Safety in Northern Ireland.
In relation to cross-border bodies, the power to make regulations under this section is exercisable by the Secretary of State after consultation with the Welsh Ministers.
For the purposes of this section a “cross-border body” is a body which—
performs (and only performs) functions in respect of England and Wales, and
does not perform functions mainly in respect of England or mainly in respect of Wales.
Sections 45A(5)(d), 45B(2) to (5) and 45C(1), (3) and (4) of the Medical Act 1983 (c. 54) (provisions that may be included in regulations under section 45A of that Act and responsibilities of responsible officers) apply in relation to regulations under this section as they apply in relation to regulations under section 45A of that Act but as if—
references to prescribed responsibilities were references to responsibilities conferred by regulations under this section,
the reference in section 45B(3) to subsection (1)(a) of that section were a reference to subsection (1)(b) of this section.
Subject to subsection (7), regulations under this section may require a designated body or a responsible officer to have regard to any guidance given from time to time by the Secretary of State, the Welsh Ministers or the Department of Health, Social Services and Public Safety in Northern Ireland (as the case may be), or by any other person prescribed by the regulations, in relation to responsibilities conferred on responsible officers by the regulations.
In relation to cross-border bodies, the reference in subsection (6) to the Secretary of State is to be read as a reference to the Secretary of State after consultation with the Welsh Ministers.
Expressions used in this section and in Part 5A of the Medical Act 1983 (responsible officers) have the same meaning in this section as in that Part.
The appropriate Minister may by regulations make provision for or in connection with requiring a designated body to co-operate with any other designated body in connection with—
the sharing of information which relates to the conduct or performance of any health care worker and which may show that that worker is likely to constitute a threat to the health and safety of patients,
the provision of information in response to requests for information from any other designated body about the conduct or performance of any health care worker,
the consideration of any issues which arise as a result of the acts mentioned in paragraphs (a) and (b), and
the taking of any prescribed steps following such consideration.
Regulations under this section may make provision requiring a designated body to disclose the information referred to in subsection (1)(a) and any information disclosed under subsection (1)(b) to any other designated body in prescribed circumstances, or in circumstances where it appears to that body that the prescribed conditions are satisfied, whether or not the disclosure of information has been requested.
Regulations under this section may—
create offences punishable on summary conviction by a fine not exceeding level 5 on the standard scale, and
create other procedures for enforcing any provisions of the regulations.
Regulations under this section may require a designated body to have regard to any guidance given from time to time by the appropriate Minister or any other prescribed person.
In making regulations under this section the appropriate Minister must have regard to the importance of avoiding unfair prejudice to health care workers against whom unsubstantiated allegations are made.
In this section—“the appropriate Minister” means the Secretary of State except that, in relation to co-operation by a Welsh health body or a Welsh social services body, it means the Welsh Ministers;“designated body” means—any body which is a designated body for the purposes of Part 5A of the Medical Act 1983 (c. 54), and any other body prescribed for the purposes of this section;“health care” has the meaning given by section 45A(8) of the Medical Act 1983;“health care worker” means—any person who is a member of a prescribed profession concerned with the physical or mental health of individuals, or any person who—is employed by a designated body, provides services to a designated body, or is employed by a person who provides services to a designated body, for purposes connected with the provision of health care;“prescribed” means prescribed by regulations under this section;“Welsh health body” means—a Welsh NHS body, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), or any other person providing or arranging for the provision of health care in Wales;“Welsh social services body” means—the council of a county or county borough in Wales, or a body engaged in the provision of Welsh local authority social services, as defined by section 148 of the Health and Social Care (Community Health and Standards) Act 2003.
No contravention by the Crown of any provision of either of those sections or regulations made under them makes the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
The provisions of those sections apply to persons in the service of the Crown as they apply to other persons.
Nothing in this section affects Her Majesty in her private capacity; and this subsection is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.
Hearing Aid Council
The Hearing Aid Council is dissolved.
The Hearing Aid Council Act 1968 (c. 50) and the Hearing Aid Council (Extension) Act 1975 (c. 39) cease to have effect.
An order under section 170(3) may not appoint a day for the coming into force of—unless the following conditions are met.
subsection (1), or
subsection (2), so far as relating to the profession mentioned in section 60(2)(ca) of the Health Act 1999 (c. 8),
Those conditions are—
that an Order in Council under section 60 of the Health Act 1999 (regulation of health care and associated professions) has made provision by virtue of subsection (2)(ca) of that section (regulation of dispensers of hearing aids), and
that the day appointed under section 170(3) is not earlier than the day on which the Order in Council, so far as making such provision, comes into force.
The Secretary of State may by order make provision for the transfer of property, rights and liabilities of the Hearing Aid Council to any relevant regulatory body or to the Secretary of State.
For that purpose a “relevant regulatory body” is any body which under an Order in Council under section 60 of the Health Act 1999 (c. 8) is responsible for the regulation of the profession mentioned in subsection (2)(ca) of that section.
Regulation of social care workforce
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Approved mental health professionals
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General
Schedule 10 (which contains further amendments relating to this Part) has effect.
In this Part—“the 1999 Act” means the Health Act 1999 (c. 8);“the 2002 Act” means the National Health Service Reform and Health Care Professions Act 2002 (c. 17);“enactment” means an enactment contained in, or in an instrument made under—an Act of Parliament, an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation;...
Public health protection
Before Part 3 of the Public Health (Control of Disease) Act 1984 (c. 22) insert—
Part 2 of the Public Health (Control of Disease) Act 1984 (c. 22) (which is superseded by the new Part 2A inserted by section 129) ceases to have effect.
Schedule 11 (which contains further amendments of that Act and other Acts) has effect.
Health in pregnancy grant
England, Wales and Scotland
After Part 8 of the Social Security Contributions and Benefits Act 1992 (c. 4) insert—
In section 5 of the Social Security Administration Act 1992 (c. 5) (claims and payments regulations), in subsection (2), after paragraph (f), insert—.
The power to make regulations under that section in relation to health in pregnancy grant is exercisable by the Commissioners for Her Majesty's Revenue and Customs.
After section 12 of that Act insert—
In section 71 of that Act (benefits in relation to which overpayments may be recovered), in subsection (11), after paragraph (e), insert—.
In the application of that section in relation to health in pregnancy grant, references to the Secretary of State are to be read as references to the Commissioners for Her Majesty's Revenue and Customs.
In section 121E of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after “contributions,” insert “ health in pregnancy grant, ”.
In section 121F of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after “contributions,” insert “ health in pregnancy grant, ”.
Chapter 2 of Part 1 of the Social Security Act 1998 (c. 14) (decisions and appeals) is to have effect as if health in pregnancy grant were a relevant benefit for the purposes of that Chapter; and the functions of the Secretary of State under that Act are, in relation to that grant, exercisable by the Commissioners for Her Majesty's Revenue and Customs.
After section 113B of the Social Security Administration Act 1992 (c. 5) insert—
Before Schedule 4 to that Act, insert—
Northern Ireland
After Part 8 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) insert—
In section 5 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (claims and payments regulations), in subsection (2), after paragraph (f), insert—.
The power to make regulations under that section in relation to health in pregnancy grant is exercisable by the Commissioners for Her Majesty's Revenue and Customs.
After section 10 of that Act insert—
In section 69 of that Act (benefits in relation to which overpayments may be recovered), in subsection (11), after paragraph (e), insert—.
In the application of that section in relation to health in pregnancy grant, references to the Northern Ireland Department are to be read as references to the Commissioners for Her Majesty's Revenue and Customs.
In section 115D of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after “contributions,” insert “ health in pregnancy grant, ”.
In section 115E of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after “contributions,” insert “ health in pregnancy grant, ”.
Chapter 2 of Part 2 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) (decisions and appeals) is to have effect as if health in pregnancy grant were a relevant benefit for the purposes of that Chapter; and the functions of the Northern Ireland Department under that Order are, in relation to that grant, exercisable by the Commissioners for Her Majesty's Revenue and Customs.
In subsections (5) and (8), “the Northern Ireland Department” means the Department for Social Development in Northern Ireland.
After section 107B of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) insert—
Before Schedule 4 to that Act, insert—
In Schedule 2 to the Northern Ireland Act 1998 (c. 47) (excepted matters), at the beginning of paragraph 10B insert “ Health in pregnancy grant, ”.
General and supplementary
The Commissioners for Her Majesty's Revenue and Customs are responsible for the payment and management of health in pregnancy grant.
In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from entitlement to benefits), in subsection (1), after paragraph (h), insert—.
In subsections (5) and (6) of that section, before “child benefit” insert “ health in pregnancy grant or ”.
In section 677(1) of the Income Tax (Earnings and Pensions) Act 2003 (c. 1) (benefits wholly exempt from income tax), in Part 1 of Table B, at the appropriate place insert—.
Miscellaneous
Amendments relating to National Health Service
After section 23 of the National Health Service Act 2006 (c. 41) insert—
Schedule 12 (which contains amendments of the National Health Service Act 2006 and the National Health Service (Wales) Act 2006 (c. 42) relating to expenditure in connection with the provision of pharmaceutical services) has effect.
In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services)—
after subsection (4) insert—, and
in subsection (5), omit paragraph (b) and the word “and” immediately preceding it.
In section 88 of the National Health Service (Wales) Act 2006 (c. 42) (remuneration for persons providing pharmaceutical services)—
after subsection (4) insert—, and
in subsection (5), omit paragraph (b) and the word “and” immediately preceding it.
Section 71 of the National Health Service Act 2006 (c. 41) (schemes for meeting losses and liabilities of health service bodies) is amended as follows.
In subsection (1), after “the bodies” (in each place) insert “ or other persons ”.
In subsection (2)—
after “The bodies” insert “ and other persons ”,
after paragraph (g) insert—, and
after “bodies which” insert “ , or other persons who, ”.
After subsection (2) insert—
In subsection (3)—
in paragraph (b), after “body which” insert “ , or other person who, ”, and
in paragraph (c), after “Secretary of State” insert “ (whether or not a participator in the scheme and, if a participator, whether or not required to make payments as a participator) ”.
For subsection (5) substitute—
After subsection (8) insert—
Weighing and measuring of children
In Schedule 1 to the National Health Service Act 2006 (c. 41) (further provision about the Secretary of State and services under that Act) after paragraph 7 insert—
Until the commencement of Chapter 2 of Part 3 of the Childcare Act 2006 (c. 21), the reference in paragraph 7A(3) of Schedule 1 to the National Health Service Act 2006 (c. 41) (as inserted by subsection (1) of this section) to a person registered under Chapter 2 of Part 3 of the Childcare Act 2006 in respect of early years provision is to be read as a reference to a person registered under Part 10A of the Children Act 1989 (c. 41) in respect of child minding or the provision of day care (within the meaning of that Part).
In Schedule 1 to the National Health Service (Wales) Act 2006 (c. 42) (further provision about the Welsh Ministers and services under that Act) after paragraph 7 insert—
Social care
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Section 57 of the Health and Social Care Act 2001 (c. 15) (regulations may require or authorise direct payments to a person, with the person's consent, in respect of the person securing the provision to the person of certain care services) is amended as follows.
After subsection (1) insert—
In subsection (3) (provision which may be included in regulations under the section)—
in paragraph (a) (provision as to circumstances in which payments not to be made), after “to a person” insert “ or in respect of a person ”,
in paragraph (c)(i) (provision about determination of payee's means), after “the payee's means” insert “ in the case of direct payments under subsection (1) or, in the case of direct payments under subsection (1A), the means of the person (“the beneficiary”) in respect of whom the payments are required or authorised to be made ”,
in each of paragraphs (d) and (e)(ii) (provision as to conditions to be complied with by payee, and provision as to repayments by payee or otherwise), after “payee” insert “ in the case of direct payments under subsection (1), or by the payee or by the beneficiary in the case of direct payments under subsection (1A), ” and
after paragraph (h) insert—
In subsection (4)(b) (gross payments: condition that payee pays amounts by way of reimbursement), after “payee” insert “ in the case of direct payments under subsection (1), or the beneficiary in the case of direct payments under subsection (1A), ”.
In subsection (5) (payments made net on basis that payee will contribute to cost of service)—
in paragraph (a), after “the payee will himself” insert “ in the case of direct payments under subsection (1), or the beneficiary will in the case of direct payments under subsection (1A), ” and
in paragraph (b), after “payee” insert “ or (as the case may be) the beneficiary ”.
After subsection (5) insert—
After subsection (7) insert—
In section 64 of the Health and Social Care Act 2001 (c. 15) (regulations and orders), after subsection (4) insert—
The following provisions cease to have effect—
section 43 of the National Assistance Act 1948 (c. 29) (recovery from liable relative of local authority's costs of assistance),
in section 47(9) of that Act (liability of maintained person, or person's relatives, for expenditure incurred under section 47(8)), the words “or from any person who for the purposes of this Act is liable to maintain that person”,
in section 48(3) of that Act (liability of person in hospital etc., or person's relatives, for costs of protecting person's property), the words “, or from any person who for the purposes of this Act is liable to maintain him,”,
in section 51(1) of that Act (offence where person fails to maintain himself or any person he is liable to maintain), the words “or any person whom he is liable to maintain for the purposes of this Act”,
in paragraph 19(1) of Schedule 6 to that Act (which ended a saved liability to maintain a person where there was no liability to maintain that person for the purposes of that Act), the words “whom he is not liable to maintain for the purposes of this Act”,
paragraph 19(2) of that Schedule (which gave continuing effect to certain saved liabilities not ended by paragraph 19(1)), and
in section 46(5) of the Public Health (Control of Disease) Act 1984 (c. 22) (liability of person's estate, or person's relatives, for cost of burial or cremation under the section), the words “or from any person who for the purposes of the National Assistance Act 1948 was liable to maintain the deceased person immediately before his death”.
In section 51(1) of that Act, for “, himself or any other person” substitute “ him ”.
In section 87(3) of the Social Work (Scotland) Act 1968 (c. 49) (provision of accommodation treated as being under Part 3 of the National Assistance Act 1948), for the words from “(as amended”, where first occurring, to “etc.)” substitute “ (as amended by any enactment within the meaning of the Scotland Act 1998 (c. 46)) of the said Act of 1948 ”.
The provisions of this section have effect subject to, and in accordance with, Schedule 13.
In section 24 of the National Assistance Act 1948 (authority liable for provision of accommodation) for subsections (6) and (7) substitute—
In section 32 of that Act (adjustments between authority providing accommodation, etc., and authority of area of residence) for subsection (3) substitute—
In section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (provision of welfare services) after subsection (1) insert—
Financial assistance related to provision of health or social care services
The Secretary of State may give financial assistance to qualifying bodies which are engaged in—
the provision in England of health services ..., or
the provision to other persons of services that are connected with the provision in England by those other persons of health services ...
The Secretary of State may give financial assistance to bodies which are engaged in—
the provision in England of social care services, or
the provision to other persons of services that are connected with the provision in England by those other persons of social care services.
Assistance may be given to a body under subsection(1A) for the purposes of the provision of social care services only if those services are provided in England.
The Secretary of State may also give financial assistance to persons for the purposes of the establishment by them of qualifying bodies which satisfy any conditions prescribed for the purposes of this subsection and which are to be engaged in—
the provision in England of health services or of social care services, or
the provision to other persons of services that will be connected with the provision in England by those other persons of health services or of social care services.
A body is a qualifying body for the purposes of this group of sections if—
a reasonable person might consider that its activities are being carried on for the benefit of the community in England,
except in the case of a body of a prescribed kind, it satisfies prescribed conditions relating to the distribution of its profits,
it is carrying on a business, and
it satisfies such other conditions as may be prescribed.
Regulations may provide that—
a body may only be a qualifying body if it is of a prescribed kind;
activities of a prescribed description are to be treated as being, or as not being, activities which a reasonable person might consider are activities carried on for the benefit of the community in England.
“Community” includes a section of the community; and regulations may make provision about what does, does not or may constitute a section of the community.
Subject to subsection (3), financial assistance under section 149 may be given in any form.
Assistance may, in particular, be given by way of—
grants,
loans,
guarantees, or
in the case of assistance under section 149(1) or(1A) given to a company, purchasing share capital of the company.
Financial assistance under section 149(2) given to a company may not be given by way of purchasing share capital of the company.
Financial assistance under section 149 may be given on such terms as the Secretary of State considers appropriate.
The terms may, in particular, include provisions as to—
circumstances in which the assistance is to be repaid, or otherwise made good, to the Secretary of State, and the manner in which that is to be done;
the keeping, and making available for inspection, of accounts and other records.
The person receiving assistance under section 149 must comply with the terms on which it is given, and compliance may be enforced by the Secretary of State.
The Secretary of State may direct the following to exercise any functions of the Secretary of State in relation to financial assistance under section 149(1)—
a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or
a Special Health Authority performing functions only or mainly in respect of England.
The Secretary of State may direct any Special Health Authority to exercise any functions of the Secretary of State in relation to financial assistance under section 149(1A).
The Secretary of State may direct the following to exercise any functions of the Secretary of State in relation to financial assistance under section 149(2) so far as those functions relate to the establishment of bodies which are to be wholly or mainly engaged in the provision of health services or services connected to health services—
a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or
a Special Health Authority performing functions only or mainly in respect of England.
The Secretary of State may direct any Special Health Authority to exercise any functions of the Secretary of State in relation to financial assistance under section 149(2) so far as they are not functions to which subsection(3) above applies.
The Secretary of State may give directions to a body about the exercise of any functions that it is directed to exercise under any of subsections(1) to(4).
The Secretary of State may make arrangements for—by a person other than a body mentioned in section 153(1) or an English local authority.
financial assistance under section 149 (1) to be given, or
other functions relating to such assistance to be exercised,
The Secretary of State may make arrangements for—by a person other than a Special Health Authority (as to Special Health Authorities, see section 153(2)).
financial assistance under section 149(1A) to be given, or
other functions relating to such assistance to be exercised,
A person with whom the Secretary of State makes arrangements under subsection (1) or (1A) is referred to in this section as P.
Arrangements under subsection (1) or (1A) may provide for the functions concerned to be exercised by P—
either wholly or to such extent as may be specified in the arrangements, and
either generally or in such cases or circumstances as may be so specified.
Arrangements under subsection (1) or (1A) may make provision—
subject to section 151(3), as to the forms of financial assistance which may be given by P, and
as to the terms on which financial assistance may be given by P.
Arrangements under subsection (1) or (1A) may—
provide for the Secretary of State to make payments to P, and
make provision as to the circumstances in which any such payments are to be repaid to the Secretary of State.
In subsection (1) “English local authority” includes a non-metropolitan district council for an area for which there is a county council.
The Secretary of State may form, or participate in forming, one or more companies with a view to making arrangements under section 154(1) or (1A) with the companies for financial assistance under section 149 to be given, or other functions relating to such assistance to be exercised, by the company.
In this group of sections—“company” means a company as defined by section 1 of the Companies Act 2006 (c. 46);“English local authority” means—a county council in England, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council, a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly;“health services” means services which must or may be provided for the purposes of the health service continued under section 1(1) of the National Health Service Act 2006 (c. 41) or services which are similar to such services;“prescribed” means prescribed by regulations;“qualifying body” has the meaning given by section 150;“regulations” means regulations made by the Secretary of State;“social care services” means services which an English local authority must or may provide or arrange to be provided under any of the following provisions—...... section 117 of the Mental Health Act 1983 (c. 20), and Part 1 of the Care Act 2014,... or services which are similar to such services.
National Information Governance Board for Health and Social Care
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The Patient Information Advisory Group (as continued by section 252 of the National Health Service Act 2006 (c. 41)) is abolished.
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Functions of Health Protection Agency in relation to biological substances
The National Biological Standards Board is abolished (and, accordingly, the Biological Standards Act 1975 (c. 4) ceases to have effect).
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Further amendments
Schedule 14 (which contains further amendments related to the provisions of this Part) has effect.
General
Orders and regulations made under this Act by the Secretary of State, the Treasury, the Privy Council or the Welsh Ministers are to be made by statutory instrument.
Regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 120 and orders made by that Department under section 170(3) are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
Any power to make orders or regulations mentioned in subsection (1) or (2) and (subject to section 82(2A)) any power of the Secretary of State to give directions under this Act—
may be exercised either in relation to all cases to which the power extends, or in relation to all cases subject to specified exceptions, or in relation to any specified cases or classes of case,
may be exercised so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise),
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case, or different provision as respects the same case or class of case for different purposes of this Act,
any such provision either unconditionally or subject to any specified condition, and
may, in particular, be exercised so as to make different provision for different areas.
Any such power includes power—
to make such supplementary, incidental, consequential or transitional provision or savings as the person exercising the power considers to be appropriate, and
to provide for a person to exercise a discretion in dealing with any matter.
Subject to subsection (2), a statutory instrument containing—is subject to annulment in pursuance of a resolution of either House of Parliament.
an order or regulations made by the Secretary of State under this Act,
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Subsection (1) does not apply to—
a statutory instrument to which subsection (3) or (4) applies, or
a statutory instrument containing an order made only under section 170(3) (commencement).
The Secretary of State may not make a statutory instrument containing (whether alone or with other provision)—unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
regulations under section 8(1) (regulated activities),
regulations under section 20 (regulation of regulated activities) which provide that a contravention of or failure to comply with a specified provision of the regulations is an offence punishable with a maximum fine exceeding level 4 on the standard scale,
regulations under section 43 (power to modify Chapter 2 of Part 1 in relation to newly regulated activities),
regulations under section 46B(13)(amendment of definition of relevant health care),
regulations under section 87(1)(b) (penalty notices: monetary amount of the penalty) which make provision for a penalty payable under a penalty notice to be of an amount which exceeds that equal to level 4 on the standard scale,
the first regulations made by the Secretary of State under section 120 (additional responsibilities of responsible officers),
an order under section 167 which amends or repeals any provision of an Act of Parliament,
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Subject to subsection (2), a statutory instrument containing—is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
regulations made under this Act by the Welsh Ministers, or
an order under section 167(2) (transitional provision etc.) made by the Welsh Ministers,
Subsection (1) does not apply to a statutory instrument to which subsection (3) applies.
The Welsh Ministers may not make a statutory instrument containing (whether alone or with other provision)—unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.
the first regulations made by the Welsh Ministers under section 120 (additional responsibilities of responsible officers), ...
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A statutory rule containing regulations made by the Department of Health, Social Services and Public Safety in Northern Ireland under section 120 (additional responsibilities of responsible officers), other than a statutory rule to which subsection (2) applies, is subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)).
The Department of Health, Social Services and Public Safety in Northern Ireland may not make a statutory rule containing (whether alone or with other provision) the first regulations made by the Department under section 120 unless a draft of the statutory rule has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Any power of the Secretary of State or the Privy Council to give directions under this Act includes power to vary or revoke the directions by subsequent directions.
Subject to subsection (3), a direction under this Act by the Secretary of State or the Privy Council must be given by an instrument in writing.
A direction under section 82 must be given by regulations or by an instrument in writing.
The enactments mentioned in Schedule 15 are repealed to the extent specified.
The Secretary of State may by order make—
such transitional or transitory provisions or savings as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act in relation to which the Secretary of State is the appropriate authority for the purposes of section 170(3), and
such supplementary, incidental or consequential provision as the Secretary of State considers appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act.
The Welsh Ministers may by order make such transitional or transitory provisions or savings as the Welsh Ministers consider appropriate in connection with the coming into force of any provision of this Act in relation to which the Welsh Ministers are the appropriate authority for the purposes of section 170(3).
An order under this section may amend, repeal, revoke or otherwise modify any enactment.
An order under this section may, in particular, provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order.
Before making an order under this section containing provision which would, if included in an Act of the Scottish Parliament, fall within the legislative competence of that Parliament, the Secretary of State must consult the Scottish Ministers.
The power under this section is not restricted by any other provision of this Act.
In this section “enactment” means an enactment contained in, or in an instrument made under—
an Act of Parliament,
an Act of the Scottish Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation.
There is to be paid out of money provided by Parliament—
any expenditure incurred by virtue of this Act by a Minister of the Crown or government department, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There are to be paid into the Consolidated Fund sums received by a Minister of the Crown or government department by virtue of this Act.
Subject to the following provisions of this section, this Act extends to England and Wales only.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 73 (arrangements between Care Quality Commission and Ministers),
section 97 (general interpretation of Part 1),
section 145 (Human Rights Act 1998: provision of certain social care to be public function),
section 159 (functions of Health Protection Agency in relation to biological substances), and
The following provisions extend to England and Wales and Scotland only—
the repeal effected by this Act in section 16(2)(a)(v) of the Maintenance Orders Act 1950 (c. 37), and
The following provisions extend to England and Wales and Northern Ireland only—
section 74 (arrangements between Care Quality Commission and Northern Ireland Ministers), and
The following provisions extend to Northern Ireland only—
section 164 (regulations: control by Northern Ireland Assembly).
The amendment, repeal or revocation by this Act of any enactment has the same extent as the enactment amended, revoked or repealed, but subject to subsection (7).
Subsection (6) does not apply to the repeals in Part 5 of Schedule 15; and accordingly those repeals, apart from the repeal mentioned in subsection (3)(b), extend to England and Wales only.
The following provisions come into force on the day on which this Act is passed—
any other provision of this Act—
so far as is necessary for enabling the exercise on or after the day on which this Act is passed of any power to make orders or regulations that is conferred by the provision or by any amendment made by the provision, or
so far as the provision, or any amendment made by the provision, defines any expression relevant to the exercise of any such power.
Except as provided by subsection (1), the provisions of this Act come into force on such day as the appropriate authority (as determined by section 171) may by order appoint.
Different days may be appointed under subsection (3) for different purposes.
This section has effect to determine who is the appropriate authority for the purposes of section 170(3).
Except as provided by subsections (3) to (5), the appropriate authority is the Secretary of State.
In relation to the following provisions—the appropriate authority is the Welsh Ministers.
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section 141(2) (remuneration for persons providing pharmaceutical services: appointment of determining authorities in relation to Wales),
section 144 (weighing and measuring of children: Wales),
subsections (1) to (7) of section 146 (direct payments in lieu of provision of care services), so far as they relate to Wales,
subsection (8) of that section,
section 148 (ordinary residence for certain purposes of National Assistance Act 1948 (c. 29) etc.), so far as relating to Wales, and
In relation to Part 4 (health in pregnancy grant), the appropriate authority is the Treasury.
Before making a commencement order relating to—the Secretary of State must consult the Scottish Ministers.
subsection (2A) of section 60 of the Health Act 1999,
the repeal of paragraph 7(3) of Schedule 3 to that Act,
the amendments of paragraphs 8 and 9 of Schedule 3 to that Act, so far as relating to a profession that is not a reserved profession for Scotland, or
the meaning of “enactment” for the purposes of Schedule 3 to that Act,
section 112 (standard of proof in fitness to practise proceedings) so far as relating to a profession that is not a reserved profession for Scotland, or
section 116 (powers of Secretary of State and devolved administrations), so far as relating to the functions of the Scottish Ministers,
For the purposes of subsection (1)(a)(iii) and (b), a profession is a reserved profession for Scotland if it falls within Section G2 (health professions) of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46).
Before making a commencement order relating to—the Secretary of State must consult the Welsh Ministers.
paragraph 13, 14(a), (b)(i) or (c), 16, 17, 18, 19, 20, 22, 23, 24(b) or (c), 25, 26, 32 or 33 of Schedule 5,
section 95 so far as relating to those paragraphs, or
Before making a commencement order relating to section 148 (ordinary residence for certain purposes of National Assistance Act 1948 etc.) in relation to England, the Secretary of State must consult the Welsh Ministers; and, before making a commencement order relating to that section in relation to Wales, the Welsh Ministers must consult the Secretary of State.
Before making a commencement order relating to—the Secretary of State must consult the Department of Health, Social Services and Public Safety in Northern Ireland.
section 159 (functions of Health Protection Agency in relation to biological substances), or
In this section “commencement order” means an order under section 170(3).
This Act may be cited as the Health and Social Care Act 2008.
The Care Quality Commission
Status
The Commission is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
The Commission's property is not to be regarded as property of, or property held on behalf of, the Crown.
General powers and duties
The Commission may do anything which appears to it to be necessary or expedient for the purposes of, or in connection with, the exercise of its functions.
This includes, in particular—
co-operating with other public authorities in the United Kingdom,
acquiring and disposing of land and other property,
entering into contracts,
providing training, and
doing things outside (as well as within) the United Kingdom.
It is the duty of the Commission to carry out its functions effectively, efficiently and economically.
Membership
The Commission is to consist of—
a chair appointed by the Secretary of State, ...
other members so appointed.
The members appointed under sub-paragraph (1)(a) and (b)—
are not employees of the Commission, and
are referred to in this Schedule as the “non-executive members”.
a chief executive appointed by the members appointed under paragraphs (a) and (b), and
other members appointed by the members appointed under paragraphs (a) and (b).
The members appointed under sub-paragraph (1)(c) and (d)—
are employees of the Commission, and
are referred to in this Schedule as the “executive members”.
The number of non-executive members must exceed the number of executive members.
The Secretary of State must exercise the powers in sub-paragraph (1)(a) and (b) so as to secure that the knowledge and experience of the non-executive members of the Commission (taken together) includes knowledge and experience relating to health care, social care and the Mental Health Act 1983 (c. 20).
The Secretary of State may, in the prescribed manner, remove the chair or any other non-executive member from office if (but only if) the Secretary of State is satisfied that the person—
is unable or unfit to carry out the duties of that office,
is failing to carry out those duties, or
is disqualified from holding office (or was disqualified at the time of appointment).
The Secretary of State may by regulations make provision as to—
the appointment of the chair and other non-executive members (including the number, or limits on the number, of such members who may be appointed be appointed and any conditions to be fulfilled for appointment), ...
subject to this paragraph of this Schedule, the tenure of office of the chair and other non-executive members (including the circumstances in which they are to cease to hold office, are disqualified from holding office or may be suspended from office).
the limits on the total number of members who may be appointed, and
the minimum total number of members who must be appointed.
Regulations under sub-paragraph (4)(b) relating to the suspension of a person from office may only provide for suspension where it appears to the Secretary of State that one of the conditions in sub-paragraph (3) is or may be satisfied in relation to that person.
Chief Inspectors
The non-executive members must—
appoint an executive member to be the Chief Inspector of Hospitals,
appoint an executive member to be the Chief Inspector of Adult Social Care, and
appoint an executive member to be the Chief Inspector of General Practice.
Each of those executive members is to exercise such functions of the Commission on its behalf as it determines.
When exercising functions under sub-paragraph (2), an executive member must have regard to the importance of safeguarding and promoting the Commission's independence from the Secretary of State.
Remuneration and allowances for non-executive members
The Commission must pay to its chair, or to any other non-executive member, such remuneration and allowances as the Secretary of State may determine.
If the Secretary of State so determines, the Commission must pay or make provision for the payment of such pension, allowances or gratuities as the Secretary of State may determine to or in respect of a person who is or has been the chair or any other non-executive member of the Commission.
If the Secretary of State determines that there are special circumstances that make it right for a person ceasing to hold office as chair of the Commission to receive compensation, the Commission must—such compensation as the Secretary of State may determine.
pay to that person, or
make provision for the payment to that person of,
Employees
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The Commission may appoint such employees (in addition to the executive members appointed by the non-executive members) as it considers appropriate.
Employees of the Commission are to be appointed on such terms and conditions as the Commission may determine.
Without prejudice to its other powers, the Commission may pay, or make provision for the payment of—to or in respect of its employees.
pensions, allowances and gratuities, or
compensation for loss of employment or reduction of remuneration,
Before making a determination as to remuneration, pensions, allowances or gratuities for the purposes of sub-paragraph (3) or (4), the Commission must obtain the approval of the Secretary of State to its policy on that matter.
Procedure
The Commission must appoint an advisory committee (“the advisory committee”) for the purpose of giving advice or information to it about matters connected with its functions.
A committee of the Commission known as “the Healthwatch England committee” is to be appointed in accordance with regulations.
The purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act.
In considering how to exercise its functions, the Commission must have regard to relevant advice and information given to it by the advisory committee (whether or not given at its request).
The Commission may appoint such other committees and sub-committees as it thinks fit.
The advisory committee and any committee or sub-committee appointed under sub-paragraph (3) may consist of or include persons who are not members of the Commission.
The advisory committee must include persons of a prescribed description.
Regulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission.
Regulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure.
Regulations under sub-paragraph (1A) may, in particular, make provision as to—
eligibility for appointment;
procedures for selecting or proposing persons for appointment.
Regulations under sub-paragraph (1A) may, in particular, make provision as to—
the removal or suspension of members of the committee;
the payment of remuneration and allowances to members.
The Commission may pay such remuneration and allowances as it thinks fit to persons who—
are members of its committees and sub-committees, but
are not members of the Commission.
The Commission may in all other respects regulate its own procedure.
The validity of proceedings of the Commission is not affected—
by any vacancy in its membership,
by any defect in the appointment of a member, or
by any person—
acting as a member even though ineligible for appointment when purportedly appointed, or
acting as a member after having ceased to be a member.
Exercise of functions
The Commission may arrange for—to exercise any of its functions on its behalf.
any of its committees, sub-committees, members or employees, or
any other person,
If the Commission arranges for the exercise of any function as mentioned in sub-paragraph (1)(b), the arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, any such person.
The reference in sub-paragraph (1) to any of the Commission's committees does not include the advisory committee.
Assistance
The Commission may arrange for such persons as it thinks fit to assist it in the exercise of any of its functions in relation to—
a particular case, or
cases of a particular description.
Such arrangements may include provision with respect to the payment of remuneration and allowances to, or amounts in respect of, such persons.
Payments and loans to the Commission
The Secretary of State may make payments to the Commission of such amounts, at such times and on such conditions (if any) as the Secretary of State considers appropriate.
The Secretary of State may, with the approval of the Treasury, lend money to the Commission on such terms (including terms as to repayment and interest) as the Secretary of State may determine.
Except as provided by sub-paragraph (2), the Commission has no power to borrow money.
Accounts
The Commission must keep accounts in such form as the Secretary of State may determine.
The Commission must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine.
The Commission must send copies of the annual accounts to—within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine.
the Secretary of State, and
the Comptroller and Auditor General,
The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts, and of the report on them, before Parliament.
In this paragraph “financial year” means—
the period beginning with the day on which the Commission is established and ending with the next 31 March following that day, and
each successive period of 12 months ending with 31 March.
Seal and evidence
The application of the seal of the Commission must be authenticated by the signature—
of any member of the Commission, or
of any other person who has been authorised by the Commission (whether generally or specifically) for that purpose.
A document—is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.
purporting to be duly executed under the seal of the Commission, or
purporting to be signed on behalf of the Commission,
Transfers of property and staff etc.
Transfer schemes
The Secretary of State may make one or more transfer schemes for—
the transfer of property, rights and liabilities of the Commission for Healthcare Audit and Inspection to the Care Quality Commission or the Crown;
the transfer of property, rights and liabilities of the Commission for Social Care Inspection to the Care Quality Commission or the Crown;
the transfer of property, rights and liabilities of the Mental Health Act Commission—
to the Care Quality Commission or the Welsh Ministers, or
to the Crown;
the transfer of property, rights and liabilities of the Crown to the Care Quality Commission.
The property, rights and liabilities which may be the subject of a scheme include—
any that would otherwise be incapable of being transferred or assigned,
rights and liabilities under a contract of employment, and
criminal liabilities.
A scheme under this paragraph may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor's undertaking).
A scheme under this paragraph may contain provision for the payment of compensation by the Secretary of State to any person or body (other than one mentioned in sub-paragraph (1)) whose interests are adversely affected by the scheme.
A scheme under this paragraph may include supplementary, incidental, transitional and consequential provision.
The Secretary of State may not make a scheme under this paragraph for the transfer of property, rights or liabilities to the Welsh Ministers unless the scheme is made with the consent of the Welsh Ministers.
Transfer
The property, rights and liabilities which are the subject of a scheme under paragraph 1 are, by virtue of this paragraph, transferred on the day appointed by the scheme in accordance with the provisions of the scheme.
Employment
The transfer by paragraph 2 of the rights and liabilities relating to an individual's contract of employment does not break the continuity of the individual's employment and, accordingly—
the individual is not to be regarded for the purposes of Part 2 of the Employment Rights Act 1996 (c. 18) as having been dismissed by virtue of the transfer, and
the individual's period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.
Paragraph 2 does not operate to transfer the rights and liabilities under an individual's contract of employment if, before the transfer takes effect, the individual informs the transferor or transferee that the individual objects to the transfer.
Where an individual does inform the transferor or transferee as specified in sub-paragraph (1), the individual's contract of employment with the transferor is terminated immediately before the date on which the transfer would occur; but the individual is not, for any purpose, to be regarded as having been dismissed by the transferor.
This paragraph is without prejudice to any right of an individual employed by a transferor to terminate the individual's contract of employment if (apart from the change of employer) a substantial change is made to the individual's detriment in the individual's working conditions.
Transitional
Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by paragraph 2 which is in effect immediately before it is transferred is to be treated as if done by or in relation to the transferee.
There may be continued by or in relation to the transferee anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.
A reference to the transferor in any document relating to anything so transferred is to be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the transferee.
A transfer under paragraph 2 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.
Amendments of Mental Health Act 1983
In this Schedule “the MHA” means the Mental Health Act 1983 (c. 20).
In section 57 of the MHA (treatment requiring consent and a second opinion), in subsection (2)(a), for “the Secretary of State” (in both places) substitute “ the regulatory authority ”.
In section 58 of the MHA (treatment requiring consent or a second opinion), in subsection (3)(a), for “the Secretary of State” substitute “ the regulatory authority ”.
Section 61 of the MHA (review of treatment) is amended as follows.
For “the Secretary of State” (wherever occurring) substitute “ the regulatory authority ”.
In subsection (3), after “to him” insert “ (whether in England or Wales) ”.
In section 64H of the MHA (certificates: supplementary provision), in subsections (4) and (5), for “appropriate national authority” substitute “ regulatory authority ”.
Section 118 of the MHA (code of practice) is amended as follows.
In subsection (2), for “appointed for the purposes of this section by the Secretary of State” substitute “ appointed for the purposes of this section by the regulatory authority ”.
After subsection (6) insert—
In subsection (1)—
for “The Secretary of State” substitute “ The regulatory authority ”,
for “he” substitute “ it ”, and
for “by him” substitute “ by the authority ”.
In subsection (2), omit “by the Secretary of State”.
For section 120 of the MHA substitute—
After section 120 of the MHA insert—
In section 129 of the MHA (obstruction), in subsection (1), after paragraph (c) insert—.
Section 134 of the MHA (correspondence of patients) is amended as follows.
In subsection (3), after paragraph (c) insert—.
In subsection (6), for “section 121(7) and (8) above” substitute “ section 134A(1) to (4) ”.
In subsection (9), after “this section” insert “ and section 134A ”.
After section 134 of the MHA insert—
In section 145 of the MHA (general interpretation), in subsection (1), insert at the appropriate place—.
Interaction with other authorities
Interpretation
Inspection authorities
In this Schedule references to inspection authorities are to be read in accordance with sub-paragraph (2) or (3), as the case may be.
For the purposes of paragraph 5 or 6 the inspection authorities are—
Her Majesty's Chief Inspector of Prisons,
Her Majesty's Chief Inspector of Constabulary,
Her Majesty's Chief Inspector of the Crown Prosecution Service,
Her Majesty's Chief Inspector of the National Probation Service for England and Wales, , and
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Her Majesty's Chief Inspector of Education, Children's Services and Skills, and
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For the purposes of paragraph 7 the inspection authorities are—
Her Majesty's Chief Inspector of Prisons,
Her Majesty's Inspectors of Constabulary,
Her Majesty's Chief Inspector of the Crown Prosecution Service,
Her Majesty's Inspectorate of the National Probation Service for England and Wales, , and
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Her Majesty's Chief Inspector of Education, Children's Services and Skills, and
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Inspection functions
In this Schedule “inspection functions” means functions relating to, or connected with, inspections carried out by the Commission under section 60.
Public authorities
In this Schedule “public authority”—
includes any person certain of whose functions are functions of a public nature, but
does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
Subject to paragraph 9(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom.
In relation to a particular act, a person is not a public authority by virtue of sub-paragraph (1) if the nature of the act is private.
Exercise of functions
Delegation of inspection functions to public authorities
The Commission may delegate any of its inspection functions (to such extent as it may determine) to another public authority.
If the carrying out of an inspection is delegated under sub-paragraph (1) it is nevertheless to be regarded for the purposes of any enactment as carried out by the Commission.
Inspection programmes and inspection frameworks
The Commission must from time to time... prepare—
a document setting out what inspections it proposes to carry out (an “inspection programme”), and
a document setting out the manner in which it proposes to exercise its functions of inspecting and reporting (an “inspection framework”).
Before preparing an inspection programme or an inspection framework the Commission must consult—and it must send to each of those persons or bodies a copy of each programme or framework once it is prepared.
the Secretary of State,
the inspection authorities, and
any other person or body specified by an order made by the Secretary of State,
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The Commission may determine that any document or combination of documents prepared for the purposes of any other enactment or enactments is to be treated as a document prepared for the purposes of sub-paragraph (1)(b) (so long as any requirements applying under or by virtue of this paragraph are complied with in relation to the document or documents concerned).
Nothing in any inspection programme or inspection framework is to be read as preventing the Commission from making visits without notice.
Inspections by other inspectors of activities within Commission's remit
If—the Commission must, subject to sub-paragraph (6), give a notice to the specified inspector requiring the inspector not to carry out the proposed inspection, or not to carry it out in that way.
a specified inspector is proposing to carry out an inspection that would involve inspecting a specified organisation, and
the Commission considers that the proposed inspection would impose an unreasonable burden on the specified organisation, or would do so if carried out in a particular way,
In this paragraph “specified inspector” means—
an inspection authority, or
any other person or body specified by order made by the Secretary of State.
In this paragraph “specified organisation” means a person or body specified by order made by the Secretary of State.
A person or body may be specified under sub-paragraph (3) in relation to particular functions or particular activities.
In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge by that person or body of any of the functions, or the carrying on by that person or body of any of the activities, in relation to which it is specified.
The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.
Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice; but this is subject to sub-paragraph (8).
The Secretary of State, if satisfied that the proposed inspection—may give consent to the inspection being carried out, or being carried out in that manner.
would not impose an unreasonable burden on the specified organisation in question, or
would not do so if carried out in a particular manner,
The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular—
provision about the form of notices;
provision prescribing the period within which notices are to be given;
provision prescribing circumstances in which notices are, or are not, to be made public;
provision for revising or withdrawing notices;
provision for setting aside notices not validly given.
Co-operation
The Commission must co-operate with—where it is appropriate to do so for the efficient and effective exercise of the Commission's functions.
the inspection authorities, and
any other public authority specified by order made by the Secretary of State,
Joint action
The Commission may act jointly with another public authority where it is appropriate to do so for the efficient and effective exercise of the Commission's functions.
Sub-paragraph (1) is without prejudice to any other power the Commission may have to act jointly with another public authority.
Advice or assistance for other public authorities
The Commission may, if it thinks it appropriate to do so, provide advice or assistance to another public authority for the purpose of the exercise by that authority of that authority's functions.
The Commission may do anything it thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities).
Anything done under this paragraph may be done on such terms, including terms as to payment, as the Commission thinks fit.
In this paragraph the reference to another public authority includes a public authority in the Channel Islands or the Isle of Man.
Inspections carried out under arrangements
The Commission may make arrangements with—to carry out, on behalf of the authority, inspections in England of any institution or matter which the Commission is not required or authorised to carry out by virtue of any other enactment.
an inspection authority, or
any other public authority specified by order made by the Secretary of State,
Inspections under this paragraph may be carried out on such terms, including terms as to payment, as the Commission thinks fit.
Further amendments relating to Part 1
Amendments of Care Standards Act 2000
In this Part of this Schedule “the 2000 Act” means the Care Standards Act 2000 (c. 14).
Section 1 of the 2000 Act (children's homes) is amended as follows.
In subsection (4), after “establishment” insert “ in Wales ”.
After that subsection insert—
In section 2 of the 2000 Act (independent hospitals etc), in subsection (1), after “this Act” insert “ as it applies in relation to Wales ”.
Section 3 of the 2000 Act (care homes) is amended as follows.
In subsection (3), after “establishment” insert “ in Wales ”.
After that subsection insert—
Section 4 of the 2000 Act (other basic definitions) is amended as follows.
In subsection (8), for paragraph (a) substitute—.
For subsection (9) substitute—
Section 5 of the 2000 Act (registration authorities) is amended as follows.
In subsection (1)—
for paragraph (a) substitute—, and
in paragraph (b) for “in relation to Wales” substitute “ in any other case ”.
After subsection (1) insert—
Omit section 5A (general duties of Commission for Healthcare Audit and Inspection) and section 5B (general duties of Commission for Social Care Inspection) of the 2000 Act.
Section 8 of the 2000 Act (general functions of the Welsh Ministers) is amended as follows.
For subsection (3A) substitute—
In subsection (6)(b)(i), for “the CSCI” substitute “ the Care Quality Commission ”.
In subsection (7), omit the words from “, other than” to the end.
In section 10 of the 2000 Act (inquiries), omit subsection (6).
In section 11 of the 2000 Act (requirement to register)—
omit subsection (2),
in subsection (3), for “subsections (1) and (2)” substitute “ subsection (1) ”, and
in subsection (4), omit “the CHAI, the CSCI or”.
In section 12 of the 2000 Act (applications for registration), in subsection (2), for the words from “the amount determined” to the end substitute “ the prescribed amount ”.
In section 14 of the 2000 Act (cancellation of registration), in subsection (2), after paragraph (e) insert—
After section 14 of the 2000 Act insert—
In section 15 of the 2000 Act (applications by registered persons)—
in subsection (1), at the end of paragraph (b) insert,
in subsection (3)—
after “(a)” insert “ or (c) ”, and
for the words from “a fee of—” to the end substitute “ a fee of the prescribed amount ”,
after subsection (4) insert—, and
for subsection (5) substitute—
In section 16 of the 2000 Act (regulations about registration), in subsection (3), for the words from “an annual fee—” to the end substitute “ an annual fee of the prescribed amount ”.
In section 17 of the 2000 Act (notice of proposals)—
in subsection (4), after “section 20” insert “ or 20A or gives notice under section 20B ”,
after paragraph (a) of that subsection insert—, and
in subsection (5), after “(a)” insert “ or (c) ”.
In section 19 of the 2000 Act (notice of decisions), in subsection (4)—
omit the word “and” at the end of paragraph (b), and
after that paragraph insert—.
Section 20 of the 2000 Act (urgent procedure for cancellation etc) is amended as follows.
In subsection (1)—
after “If” insert “ in respect of an establishment or agency for which the CIECSS is the registration authority ”,
in paragraph (a), for “the registration authority” substitute “ the CIECSS ”, and
in sub-paragraph (i) of that paragraph, for “an” substitute “ the ”.
In subsection (3), for “the registration authority” substitute “ the CIECSS ”.
In subsection (5), for “the registration authority” substitute “ the CIECSS ”.
For subsection (6) substitute—
Accordingly, for the heading of section 20 substitute “ Urgent procedure for cancellation, variation etc: England ”
After section 20 of the 2000 Act insert—
Section 21 of the 2000 Act (appeals to the Tribunal) is amended as follows.
In subsection (1)(b), after “20” insert “ or 20A ”.
In subsection (3), after “authority” insert “ , other than a decision to which a notice under section 20B relates, ”.
After subsection (4) insert—
In subsection (5)—
omit the word “or” at the end of paragraph (b), and
after paragraph (c) insert
After subsection (5) insert—
In section 22 of the 2000 Act (regulation of establishments and agencies), in subsection (7)(i), for the words from “a fee of—” to the end substitute “ a fee of the prescribed amount; ”.
After section 24 of the 2000 Act insert—
In section 26 of the 2000 Act (false descriptions of establishments and agencies), after subsection (1) insert—
In section 29 of the 2000 Act (proceedings for offences)—
for subsection (1) substitute—,
in subsection (2), for “a period of six months” substitute “ the permitted period ”, and
after subsection (2) insert—
After section 30 of the 2000 Act insert—
In section 30A of the 2000 Act (notification of matters relating to persons carrying on or managing certain establishments or agencies), inserted by the Children and Young Persons Act 2008, subsection (2) is amended as follows.
After paragraph (a) insert—.
Omit the word “or” at the end of paragraph (b).
At the end of paragraph (c) insert.
In section 31 of the 2000 Act (inspections by persons authorised by registration authority), in subsection (7), for the words from “require” to “the CIECSS” substitute “ require the CIECSS ”.
Section 42 of the 2000 Act (power to extend the application of Part 2) is amended as follows.
In subsection (1), after “(2)” insert “ , (2A) ”.
For subsection (2) substitute—
In subsection (4), after “(2)” insert “ or (2A) ”.
Omit subsection (5).
After subsection (5) insert—
Section 55 of the 2000 Act (interpretation of Part 4) is amended as follows.
In subsection (2)(c), for “an establishment, or an agency, of a description” substitute “ a home, centre or agency of a kind ”.
In subsection (3)—
in paragraph (e) omit “the CSCI,”, and
after that paragraph insert—.
In section 113 of the 2000 Act (default powers of appropriate Minister) omit subsection (1A).
Omit section 113A of the 2000 Act (fees payable under Part 2).
After section 118 of the 2000 Act insert—
In section 120 of the 2000 Act (Wales) omit subsection (1).
In section 121 of the 2000 Act (general interpretation etc), in the Table in subsection (13), omit the entries for the expressions “CHAI” and “CSCI”.
Amendments of Health and Social Care (Community Health and Standards) Act 2003
In this Part of this Schedule “the 2003 Act” means the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).
In section 45 of the 2003 Act (quality in health care), in subsection (1), after “each” insert “ Welsh ”.
Omit section 46 of the 2003 Act (standards set by Secretary of State).
Omit sections 47A to 47C of the 2003 Act (code of practice relating to health care associated infections).
Omit sections 48 to 69A of the 2003 Act (NHS health care: functions of CHAI).
In section 96 of the 2003 Act (additional functions of Welsh Ministers), in subsection (2), for paragraph (a) substitute—.
In 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 ”.
In section 113 of the 2003 Act (complaints about health care), in subsection (3), omit paragraph (b).
In section 114 of the 2003 Act (complaints about social services), in subsection (2), omit paragraph (b).
For section 143 of the 2003 Act substitute—
Omit section 144 of the 2003 Act (inquiries: Wales).
Omit sections 145 and 145A of the 2003 Act (CHAI duties to co-operate).
In section 148 of the 2003 Act (interpretation of Part 2), omit the following definitions—
“the CHAI”,
“the CSCI”,
“financial year”, and
“Minister of the Crown”.
Omit Schedules 6 to 8 to the 2003 Act (supplementary provision about CHAI and CSCI).
Amendments of other Acts
Prison Act 1952 (c. 52)
Schedule A1 to the Prison Act 1952 (further provision about Her Majesty's Chief Inspector of Prisons) is amended as follows.
In paragraph 2(2)—
omit paragraph (f), and
for paragraph (g) substitute—.
In paragraph 3(2)—
omit paragraph (c), and
for paragraph (d) substitute—.
Public Records Act 1958 (c. 51)
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3—
omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and
at the appropriate place insert— “ the Care Quality Commission. ”
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
In paragraph 1 of the Schedule to the Public Bodies (Admission to Meetings) Act 1960 (bodies in England and Wales to which the Act applies)—
omit paragraphs (bg) and (bh), and
after paragraph (bh) insert—.
Parliamentary Commissioner Act 1967 (c. 13)
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)—
omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and
at the appropriate place insert— “ Care Quality Commission. ”
House of Commons Disqualification Act 1975 (c. 24)
Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualified for membership) is amended as follows.
In Part 2 (bodies of which all members are disqualified)—
omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and
at the appropriate place insert— “ The Care Quality Commission. ”
In Part 3 (other disqualifying offices), omit the entry for members of the Mental Health Act Commission in receipt of remuneration.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—
omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and
at the appropriate place insert— “ The Care Quality Commission. ”
Race Relations Act 1976 (c. 74)
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Copyright, Designs and Patents Act 1988 (c. 48)
In section 48(6) of the Copyright, Designs and Patents Act 1988 (“the Crown” includes certain bodies with health-related functions), for “the Commission for Social Care Inspection, the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.
Road Traffic Act 1988 (c. 52)
In section 144 of the Road Traffic Act 1988 (exceptions from requirement of third-party insurance or security), in subsection (2)—
in paragraph (da) for the words from “, by a Local Health Board” to “Inspection” substitute “ or by a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006 ”, and
in paragraph (g) for “the Commission for Social Care Inspection” substitute “ the Care Quality Commission ”.
Vehicle Excise and Registration Act 1994 (c. 22)
In paragraph 7 of Schedule 2 to the Vehicle Excise and Registration Act 1994 (exempt health service vehicles)—
omit paragraph (c) (together with the word “or” at the end of it), and
for paragraph (f) substitute—
Police Act 1996 (c. 16)
Schedule 4A to the Police Act 1996 (further provision about Her Majesty's Inspectors of Constabulary) is amended as follows.
In paragraph 2(2)—
omit paragraph (f), and
for paragraph (g) substitute—.
In paragraph 3(2), for paragraph (d) substitute—.
In paragraph 4—
omit paragraph (f), and
for paragraph (g) substitute—.
Audit Commission Act 1998 (c. 18)
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Local Government Act 1999 (c. 27)
In section 25 of the Local Government Act 1999 (co-ordination of inspections etc.), in subsection (2)(e), for “Commission for Social Care Inspection” substitute “ Care Quality Commission ”.
Crown Prosecution Service Inspectorate Act 2000 (c. 10)
The Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provision about Her Majesty's Chief Inspector of the Crown Prosecution Service) is amended as follows.
In paragraph 2(2)—
omit paragraph (f), and
for paragraph (g) substitute—.
In paragraph 4—
omit paragraph (f), and
for paragraph (g) substitute—.
Regulation of Investigatory Powers Act 2000 (c. 23)
In Schedule 1 to the Regulation of Investigatory Powers Act 2000 (surveillance authorisation: relevant authorities), for paragraph 20F substitute—
Freedom of Information Act 2000 (c. 36)
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 (other public bodies and offices: general)—
omit the entry for the Commission for Healthcare Audit and Inspection and the entry for the Commission for Social Care Inspection, and
at the appropriate place insert— “ The Care Quality Commission. ”
Criminal Justice and Court Services Act 2000 (c. 43)
Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provision about the Inspectorate) is amended as follows.
In paragraph 2(2)—
omit paragraph (f), and
for paragraph (g) substitute—.
In paragraph 3(2)—
omit paragraph (c), and
for paragraph (d) substitute—.
In paragraph 4—
omit paragraph (f), and
for paragraph (g) substitute—.
Courts Act 2003 (c. 39)
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Public Audit (Wales) Act 2004 (c. 23)
In section 62 of the Public Audit (Wales) Act 2004 (co-operation), for paragraph (c) substitute—.
In section 64 of the Public Audit (Wales) Act 2004 (provision of information by CHAI)—
in subsection (1), for “The Commission for Healthcare Audit and Inspection” substitute “ The Care Quality Commission ”,
for subsection (3) substitute—
Children Act 2004 (c. 31)
In section 20 of the Children Act 2004 (joint area reviews), in subsection (4), for paragraph (d) substitute—.
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Education and Inspections Act 2006 (c. 40)
Paragraph 1 of Schedule 13 to the Education and Inspections Act 2006 (interaction with other authorities) is amended as follows.
In sub-paragraph (2)—
omit paragraph (f), and
for paragraph (g) substitute—.
In sub-paragraph (3)(f), for “(2)(f) to (h)” substitute “ (2)(g) and (h) ”.
National Health Service Act 2006 (c. 41)
In section 9 of the National Health Service Act 2006 (NHS contracts), in subsection (4), for paragraph (k) substitute—.
In section 35 of the National Health Service Act 2006 (authorisation of NHS foundation trusts), in subsection (3)(a), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.
In section 56 of the National Health Service Act 2006 (mergers), in subsection (6)(a), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.
In section 71 of the National Health Service Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2)(f), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.
In Schedule 10 to the National Health Service Act 2006 (audit of accounts of NHS foundation trusts), in paragraph 8(1)(e), for the words from “the Commission” to the end substitute “the Care Quality Commission”.
National Health Service (Wales) Act 2006 (c. 42)
In section 7 of the National Health Service (Wales) Act 2006 (NHS contracts), in subsection (4), for paragraph (k) substitute—.
In section 30 of the National Health Service (Wales) Act 2006 (schemes for meeting losses and liabilities etc of certain health service bodies), in subsection (2)—
at the end of paragraph (c) insert “ and ”, and
omit paragraph (d) (together with the word “and” at the end of it).
NHS Redress Act 2006 (c. 44)
In section 5 of the NHS Redress Act 2006 (duty to consider potential application of scheme), in subsection (2), for paragraph (b) substitute—
In section 13 of the NHS Redress Act 2006 (duties of co-operation), in subsection (1), for “the Commission for Healthcare Audit and Inspection” substitute “ the Care Quality Commission ”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
In section 45 of the Safeguarding Vulnerable Groups Act 2006 (supervisory authorities: duty to refer), in subsection (7)—
for paragraph (c) substitute—,
omit paragraph (d), and
in paragraph (e), for “that Act” substitute “ the Health and Social Care (Community Health and Standards) Act 2003 ”.
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Local Government and Public Involvement in Health Act 2007 (c. 28)
In section 227 of the Local Government and Public Involvement in Health Act 2007 (local involvement networks: annual reports), in subsection (4), after paragraph (c) insert—.
The Office of the Health Professions Adjudicator
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Extension of powers under s. 60 of Health Act 1999
Section 60 of the 1999 Act (regulation of health care and associated professions) is amended as follows.
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In subsection (2)—
in paragraph (a), omit “the Pharmacy Act 1954,”,
after that paragraph insert—, and
after paragraph (c) insert—.
After subsection (2) insert—
In section 62 of the 1999 Act (regulations and orders), in subsection (10), after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.
In paragraph 5 (exercise of power so as to confer and modify functions), in paragraph (a), after “the Scottish Ministers” insert “ , a Northern Ireland department ”.
Paragraph 7 (matters outside the scope of the Orders) is amended as follows.
For sub-paragraph (1) substitute—
Omit sub-paragraph (2) (which prevents an Order in Council under section 60 of the 1999 Act from imposing a requirement which would have the effect that a majority of the members of the regulatory body of a profession would be persons not included in the register of members admitted to practice).
Omit sub-paragraph (3) (which prevents an Order in Council under section 60 of the 1999 Act from providing for a function conferred on the Privy Council, in relation to any profession to which subsection (2)(a) of that section applies, to be exercised by a different person).
Paragraph 8 (other matters outside the scope of the Orders) is amended as follows.
In sub-paragraph (2) omit paragraph (d).
After that sub-paragraph insert—
Paragraph 9 (preliminary procedure for making Orders) is amended as follows.
In sub-paragraph (1)(b)—
for “the profession”, where it first occurs, substitute “ any profession ”, and
for “by the profession” substitute “ by any profession to be regulated ”.
After sub-paragraph (1) insert—
In sub-paragraph (3) after “that Parliament” insert “ and is not merely incidental to, or consequential on, provision that (if so included) would be outside that competence ”.
In paragraph 10 (interpretation of the Schedule)—
before the definition of “Order” insert—, and
omit the words from “and other expressions” to the end.
In paragraph 11 (which contains further interpretative provisions), in sub-paragraph (2)—
in paragraph (c), for “Part 1 of the 1977 Act” substitute “ Part 4 of the National Health Service Act 2006 or Part 4 of the National Health Service (Wales) Act 2006 ”, and
in paragraph (d), for “Part 1 of the 1977 Act” substitute “ Part 5 of the National Health Service Act 2006 or Part 5 of the National Health Service (Wales) Act 2006 ”.
Omit paragraph 12 (which confers limited powers in relation to the profession regulated by the Pharmacy (Northern Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22))).
Regulation of social care workers: Wales
Interpretation
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Matters generally within the scope of regulations
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Manner of exercise of power
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Matters outside the scope of regulations
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Preliminary procedure for making regulations: England
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Preliminary procedure for making regulations: Wales
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Further amendments relating to Part 2
Provision consequential on section 113(1)
Any reference in any instrument or document to the Council for the Regulation of Health Care Professionals is to be read, in relation to any time after the commencement of section 113(1), as a reference to the Council for Healthcare Regulatory Excellence.
Any reference in this Act or in any other enactment, instrument or document to the Council for Healthcare Regulatory Excellence is to be read, in relation to any time before the commencement of section 113(1), as a reference to the Council for the Regulation of Health Care Professionals.
Public Records Act 1958 (c. 51)
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the table set out in paragraph 3 of that Schedule—
for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”, and
at the appropriate place insert— “ The Office of the Health Professions Adjudicator. ”
Public Bodies (Admission to Meetings) Act 1960 (c. 67)
In the Schedule to the Public Bodies (Admission to Meetings) Act 1960—
in paragraph 1 (bodies to which in England and Wales Act applies), for the paragraph (bd) inserted by paragraph 21 of Schedule 7 to the 2002 Act substitute—, and
in paragraph 2 (bodies to which in Scotland Act applies), before paragraph (d) insert—.
House of Commons Disqualification Act 1975 (c. 24)
In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (bodies of which all members are disqualified)—
for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and
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Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified)—
for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and
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Race Relations Act 1976 (c. 74)
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Dentists Act 1984 (c. 24)
In section 27 of the Dentists Act 1984 (allegations against registered dentists), in subsection (2)(g), after “social care profession” insert “ , or by the Office of the Health Professions Adjudicator, ”.
In section 36A of the Dentists Act 1984 (professions complementary to dentistry), in subsection (1)(b), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.
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Health Act 1999 (c. 8)
In section 60 of the 1999 Act (regulation of health care and associated professions), in subsection (1)(c), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.
In section 62 of the 1999 Act (regulations and orders), for subsection (4) substitute—
In Schedule 3 to the 1999 Act (regulation of health care and associated professions), in paragraph 7(4), for “the Council for the Regulation of Health Care Professionals” substitute “ the Council for Healthcare Regulatory Excellence ”.
Freedom of Information Act 2000 (c. 36)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—
for “The Council for the Regulation of Health Care Professionals” substitute “ The Council for Healthcare Regulatory Excellence ”, and
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Nursing and Midwifery Order 2001 (S.I. 2002/253)
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Health Professions Order 2001 (S.I. 2002/254)
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National Health Service Reform and Health Care Professions Act 2002 (c. 17)
For the title to section 25 of the 2002 Act, and for the heading immediately preceding the section, substitute “The Council for Healthcare Regulatory Excellence”.
Section 25 of the 2002 Act is amended as follows.
In subsection (3), for paragraphs (h) and (i) substitute—.
In that subsection, for paragraph (j) substitute—
In subsection (6), omit “and (3)”.
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For the title to Schedule 7 to the 2002 Act substitute “The Council for Healthcare Regulatory Excellence”.
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National Health Service Act 2006 (c. 41)
In section 201 of the National Health Service Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.
National Health Service (Wales) Act 2006 (c. 42)
In section 149 of the National Health Service (Wales) Act 2006 (disclosure of information), in subsection (4)(b), for “Council for the Regulation of Health Care Professionals” substitute “ Council for Healthcare Regulatory Excellence ”.
National Assembly for Wales (Disqualification) Order 2006 (S.I. 2006/3335)
In Part 1 of the Schedule to the National Assembly for Wales (Disqualification) Order 2006 (bodies of which all members are disqualified)—
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Pharmacists and Pharmacy Technicians Order 2007 (S.I. 2007/289)
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Public health protection: further amendments
Introductory
In this Schedule “the 1984 Act” means the Public Health (Control of Disease) Act 1984 (c. 22).
Local Government, Planning and Land Act 1980 (c. 65)
In section 159 of the Local Government, Planning and Land Act 1980 (public health etc.), in subsection (1), omit paragraph (e) and the word “and” immediately preceding it.
Public Health (Control of Disease) Act 1984
Section 1 (authorities administering Act) of the 1984 Act is amended as follows.
For subsection (1) substitute—
Omit subsections (2) and (4).
Section 5 of the 1984 Act (financial provisions as to port health authorities) is amended as follows.
In subsection (2), for the words from “shall” onwards substitute “ shall be defrayed by the constituent districts in such proportions and in such manner as may be determined by or in accordance with the order. ”
In subsection (3), omit “or rating districts”.
In section 7 of the 1984 Act (port health district and authority for Port of London), in subsection (4), omit paragraphs (c) and (d).
Omit section 9 of the 1984 Act (vessels in inland or coastal waters).
In section 48 of the 1984 Act (removal of body to mortuary or for immediate burial), in subsection (1), for the words from “in any building” to “neighbouring building” substitute “ in any place would endanger the health of any person ”.
In section 49 of the 1984 Act (regulations as to canal boats), in subsection (1)—
at the end of paragraph (a) insert “ and ”,
omit paragraph (c) and the word “and” immediately preceding it.
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In section 51 of the 1984 Act (duties of local authorities and port health authorities under Part 4)—
omit subsection (1), and
in subsection (2) omit the words “the provisions of this Part of this Act and”.
Omit section 52 of the 1984 Act (prosecution of offences under Part 4).
In section 58 of the 1984 Act (form of notices and other documents), in subsection (1) for “local authority” (in each place it occurs) substitute “ relevant health protection authority ”.
In section 59 of the 1984 Act (authentication of documents)—
for “local authority” (wherever it occurs) substitute “ relevant health protection authority ”, and
in subsection (2) for “byelaws” substitute “ regulations ”.
In section 60 of the 1984 Act (service of notices and other documents) for “made by this Act” substitute “ made by or under this Act ”.
After section 60 of the 1984 Act insert—
Section 61 of the 1984 Act (power to enter premises) is amended as follows.
In subsection (1)—
for “authorised officer of a local authority” substitute “ proper officer of a relevant health protection authority ”,
for paragraph (a) substitute—, and
in each of paragraphs (b), (c) and (d)—
for “or such byelaws” substitute “ or in relation to such an order ”, and
for “local authority” substitute “ relevant health protection authority ”.
In subsection (2) omit “, other than a factory or workplace,”.
After subsection (2) insert—
In subsection (3), for “the local authority by any authorised officer” substitute “ the relevant health protection authority by any proper officer ”.
Section 62 of the 1984 Act (supplementary provisions as to entry) is amended as follows.
In subsection (1)—
for “An authorised officer” substitute “ A proper officer (“the officer”) ”, and
after “other persons” insert “ and such equipment and materials ”.
After subsection (1) insert—
Omit subsection (3).
For subsection (4) substitute—
For section 63 of the 1984 Act substitute—
After section 63 of the 1984 Act insert—
Section 64 of the 1984 Act (restriction on right to prosecute) is amended as follows.
For subsection (1) substitute—
Subsection (2) is omitted.
After section 64 of the 1984 Act insert—
Section 67 of the 1984 Act (applications to, and appeals from, magistrates' courts) is amended as follows.
In subsection (1), after “this Act” insert “ or a provision contained in regulations made under this Act ”.
Omit subsection (3).
For section 69 of the 1984 Act substitute—
Omit section 70 of the 1984 Act (local inquiries).
For section 71 of the 1984 Act substitute—
In section 72 of the 1984 Act (cumulative effect of Act) for “by this Act” substitute “ by or under this Act ”.
In section 73 of the 1984 Act (Crown property) after subsection (4) insert—
Section 74 of the 1984 Act (interpretation) is amended as follows.
For the definition of “district” substitute—.
For the definition of “premises” substitute—.
In the definition of “relevant provision of this Act”, before “other” insert “ (including a provision in regulations made under this Act) ”.
In the appropriate place, insert the following definitions—,.
The following definitions are omitted—
“coastal waters”;
“common lodging-house”;
“dustbin”;
“factory”;
“hospital”;
“house”;
“inland waters”;
“local Act”;
“NHS trust” and “NHS contract”;
“notifiable disease”;
“rating district”;
“school”;
“street”.
Omit section 76 of the 1984 Act (Isle of Man and Channel Islands).
Planning and Compensation Act 1991 (c. 34)
In Part 1 of Schedule 18 to the Planning and Compensation Act 1991 (provisions that do not provide for interest) omit the entry for section 57 of the Public Health (Control of Disease) Act 1984.
Funding of expenditure in connection with provision of pharmaceutical services
England
In this Part of this Schedule “the NHS Act” means the National Health Service Act 2006 (c. 41).
Section 228 of the NHS Act (public funding of Primary Care Trusts) is amended as follows.
For subsection (1) substitute—
Omit subsection (2).
In subsections (3) and (7)(b), for “(1)(b)” substitute “ (1) ”.
Omit subsection (12).
In section 229 of the NHS Act (financial duties of Primary Care Trusts), in subsection (1)—
omit “(not including its pharmaceutical services expenditure)”, and
in paragraph (a), for “section 228(1)(b)” substitute “ section 228(1) ”.
In section 230 of the NHS Act (resource limits for Primary Care Trusts) omit subsections (2) and (3).
Schedule 14 to the NHS Act (further provision about expenditure of Primary Care Trusts) is amended as follows.
Omit paragraphs 1 and 2.
After paragraph 3 insert—
In paragraph 4(1)—
for the definition of “designated” substitute—,
omit the definition of “pharmaceutical services”, and
in the definition of “remuneration referable to the cost of drugs”, omit the words “except in paragraph 1(2)(b) and”.
After paragraph 4(3) insert—
Wales
In this Part of this Schedule “the NHS (Wales) Act” means the National Health Service (Wales) Act 2006 (c. 42).
In section 174 of the NHS (Wales) Act (public funding of Local Health Boards) omit “and pharmaceutical” in—
subsection (1)(a),
subsection (2)(a) and (b), and
subsection (12).
In section 175 of the NHS (Wales) Act (financial duties of Local Health Boards), in subsection (1) omit “and pharmaceutical”.
In section 176 of the NHS (Wales) Act (resource limits for Local Health Boards) omit “and pharmaceutical” in—
subsection (2), and
subsection (3)(b).
Schedule 8 to the NHS (Wales) Act (further provision about expenditure of Local Health Boards) is amended as follows.
In paragraph 1(1)—
omit “and pharmaceutical”, and
in paragraph (a) for the words from “services under” to “pharmaceutical services)” substitute “ general ophthalmic services ”.
In paragraph 1(2)—
in paragraph (a) for “services as mentioned in sub-paragraph (1)(a)” substitute “ general ophthalmic services ”, and
omit paragraphs (b) and (c).
Accordingly, in the heading immediately preceding paragraph 1, omit “and pharmaceutical”.
For paragraph 2 substitute—
After paragraph 3 insert—
In paragraph 4(1)—
at the end of the definition of “designated” insert “ and “designate” must be read accordingly ”,
omit the definition of “pharmaceutical services”, and
in the definition of “remuneration referable to the cost of drugs”, omit the words “except in paragraph 1(2)(b) and”.
After paragraph 4(3) insert—
Transitional provisions relating to s. 147
Interpretation of Schedule
In this Schedule “the 1948 Act” means the National Assistance Act 1948 (c. 29).
Complaints, orders and payments under section 43 of the 1948 Act
No complaint may be made under section 43 of the 1948 Act on or after the appointed day, not even—
in respect of assistance given, or applied for, before that day, or
in respect of expenditure incurred by virtue of section 47 of that Act—
before the appointed day, or
in connection with the maintenance of a person who is maintained in pursuance of an order under section 47 of that Act (order for removing, to suitable premises, person in need of care and attention) made before the appointed day.
No order may be made under section 43(2) of the 1948 Act on or after the appointed day, not even on a complaint made before that day.
No order made under section 43(2) of the 1948 Act—
may be varied on or after the appointed day so as to—
provide for any additional payment,
increase the amount of any payment, or
bring forward the time for making any payment;
may be revived on or after the appointed day.
Where an order has been made under section 43(2) of the 1948 Act, the only payments required to be made under the order on or after the appointed day are overdue pre-commencement payments.
This Act does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of an order under section 43(2) of the 1948 Act so far as the order relates to overdue pre-commencement payments.
In this paragraph—“the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(a);“overdue pre-commencement payment”, in relation to an order under section 43(2) of the 1948 Act, means a payment that under the order should have been (but was not) made before that day.
Sub-paragraphs (3) to (5) apply in relation to a registered order as to an order made under section 43(2) of the 1948 Act in England and Wales, except that in relation to a registered order “overdue pre-commencement payment” means a payment that under the registered order should have been (but was not) made before 5 October 2007.
In sub-paragraph (7) “registered order” means—
an order made in Scotland under section 43(2) of the 1948 Act, and
registered in England and Wales under Part 2 of the Maintenance Orders Act 1950 (c. 37) (enforcement in one part of the United Kingdom of orders made in another part).
Recovery of expenditure incurred under section 47(8) of the 1948 Act
Sub-paragraphs (3) to (5) apply in relation to expenditure incurred under section 47(8) of the 1948 Act in connection with the maintenance of any particular person (“A”).
In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenditure's recovery under section 47(9) of the 1948 Act from a person other than A if the proceedings are brought against that other person (“B”) on account of B having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain A.
No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).
Sub-paragraph (3) applies (subject to sub-paragraph (5))—
even to expenditure incurred before the appointed day, and
even where A is maintained in pursuance of an order under section 47 of the 1948 Act made before the appointed day.
Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from B, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.
In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(b).
Recovery of expenses incurred under section 48 of the 1948 Act
In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenses' recovery under section 48(3) of the 1948 Act from a person other than C if the proceedings are brought against that other person (“D”) on account of D having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain C.
No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).
Sub-paragraph (3) applies (subject to sub-paragraph (5))—
even to expenses incurred before the appointed day, and
even where C was admitted, or removed, before the appointed day.
Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from D, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.
In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(c).
Prosecutions under section 51 of the 1948 Act
Sub-paragraph (2) applies in relation to an offence under section 51 of the 1948 Act (offence where accommodation is provided under Part 3 of that Act in consequence of persistent refusal or neglect to maintain a person), other than an offence in respect of accommodation being provided to a person in consequence of that person's persistent refusal or neglect to maintain himself.
Proceedings for the offence may be begun or continued on or after the appointed day, but only if the accommodation provided in consequence of the refusal or neglect (or alleged refusal or neglect) began to be provided before the appointed day.
In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(d).
Transitional cases under paragraph 19(1) of Schedule 6 to the 1948 Act
Sub-paragraphs (2) and (3) apply where—
a person was by virtue of an enactment repealed by the 1948 Act under a liability (whether under an order of a court or otherwise) to maintain another person,
on the repeal of that enactment by the 1948 Act, that liability was saved by the operation of section 38(2) of the Interpretation Act 1889 (c. 63), and
paragraph 19(1) of Schedule 6 to the 1948 Act (which ended a saved liability to maintain a person where there was no liability to maintain that person for the purposes of the 1948 Act) did not have effect to end that liability.
If that liability has not come to an end before the appointed day, it comes to an end as from the beginning of that day; but this is subject to sub-paragraph (3).
Where that liability is brought to an end by this Act and an order of a court made before the appointed day requires the making of payments on account of that liability, this Act—
does not end liability to make payments under the order that should have been (but were not) made before the appointed day, and
does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of the order so far as it relates to payments required by it to be made before the appointed day.
In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(e).
Transitional cases under paragraph 19(2) of Schedule 6 to the 1948 Act
Sub-paragraphs (2) and (3) apply where an order of court, or agreement, such as is mentioned in sub-paragraph (2) of paragraph 19 of Schedule 6 to the 1948 Act has effect at any time on or after 5 July 1948 by virtue of that sub-paragraph.
If the order or agreement has not ceased to have effect before the appointed day, it ceases to have effect as from the beginning of that day; but this is subject to sub-paragraph (3).
Where the order or agreement ceases to have effect as a result of the operation of this Act, this Act—
does not end liability to make payments under the order or agreement that should have been (but were not) made before the appointed day, and
does not prevent enforcement after the appointed day (whether by proceedings or otherwise) of the order or agreement so far as it relates to payments required by virtue of the order or agreement to be made before the appointed day.
In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(f).
Recovery of expenses under section 46 of the Public Health (Control of Disease) Act 1984
Sub-paragraphs (3) to (5) apply in relation to expenses incurred under subsection (1) or (2) of section 46 of the Public Health (Control of Disease) Act 1984 (c. 22) in relation to a person (“E”) whose body has been buried, or cremated, as mentioned in that subsection.
In sub-paragraphs (3) to (5) “liability proceedings” means proceedings for the expenses' recovery under section 46(5) of that Act from a person (“F”) on account of F having, at a time before the appointed day, been for the purposes of the 1948 Act liable to maintain E.
No liability proceedings may be begun, or continued, on or after the appointed day; but this is subject to sub-paragraph (5).
Sub-paragraph (3) applies (subject to sub-paragraph (5))—
even to expenses incurred before the appointed day, and
even where E died before the appointed day.
Where liability proceedings begun before the appointed day resulted in a court making an order before that day for the recovery of the expenditure from F, this Act does not prevent the enforcement of the order (whether by proceedings or otherwise) on or after the appointed day.
In this paragraph “the appointed day” means the day appointed under this Act for the coming into force of section 147(1)(g).
Further amendments relating to Part 5
Children Act 1989 (c. 41)
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In Schedule 1 to the National Health Service Act 2006 (further provision about the Secretary of State and services under that Act), in paragraph 3, for “2(1)(b)” substitute “ 2(2) ”.
National Health Service (Wales) Act 2006 (c. 42)
In Schedule 1 to the National Health Service (Wales) Act 2006 (further provision about the Welsh Ministers and services under that Act), in paragraph 3, for “2(1)(b)” substitute “ 2(2) ”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
In section 6 of the Safeguarding Vulnerable Groups Act 2006 (regulated activity providers), after subsection (8) insert—
Repeals and revocations
Repeals and revocations relating to Part 1
In Schedule A1—paragraph 2(2)(f), and paragraph 3(2)(c).
In Schedule 1, in Part 2 of the Table at the end of paragraph 3—the entry for the Commission for Healthcare Audit and Inspection, and the entry for the Commission for Social Care Inspection.
In Schedule 2—the entry for the Commission for Healthcare Audit and Inspection, and the entry for the Commission for Social Care Inspection.
In Part 2 of Schedule 1—the entry for the Commission for Healthcare Audit and Inspection, and the entry for the Commission for Social Care Inspection.
In Part 3 of Schedule 1, the entry for members of the Mental Health Act Commission in receipt of remuneration.
In Part 2 of Schedule 1—the entry for the Commission for Healthcare Audit and Inspection, and the entry for the Commission for Social Care Inspection.
In Parts 2 and 4 of Schedule 1A—the entry for the Commission for Healthcare Audit and Inspection, and the entry for the Commission for Social Care Inspection.
In section 119(2), the words “by the Secretary of State”.
Section 121.
In Schedule 4A—paragraph 2(2)(f), and paragraph 4(f).
In section 4(7)—in paragraph (a), the words “the Commission for Healthcare Audit and Inspection and”, and in paragraph (b), the words “the Commission for Social Care Inspection and”.
In section 49(1)—paragraph (ba), and in paragraph (c), the words from “or for the purposes of the functions of the Commission” to the end.
In Schedule 2A, paragraph 1(1)(g) (together with the word “or” at the end of it).
In the Schedule—paragraph 2(2)(f), and paragraph 4(f).
Sections 5A and 5B.
In section 8(7), the words from “, other than” to the end.
Section 10(6).
In section 11—subsection (2), and in subsection (4), the words “the CHAI, the CSCI or”.
In section 19(4)(b), the word “and” at the end.
In section 21(5)(b), the word “or” at the end.
In section 30A(2)(b), the word “or” at the end.
Section 42(5).
In section 55(3)(e), the words “the CSCI,”.
Section 113(1A).
Section 113A.
Section 120(1).
In the Table in section 121(13), the entries for the expressions “CHAI” and “CSCI”.
In Part 6 of Schedule 1—the entry for the Commission for Healthcare Audit and Inspection, and the entry for the Commission for Social Care Inspection.
In Schedule 1A—paragraph 2(2)(f), paragraph 3(2)(c), and paragraph 4(f).
In Schedule 3A—paragraph 2(2)(f), and paragraph 4(f).
Section 46.
Sections 47A to 69A.
Section 113(3)(b).
Section 114(2)(b).
Sections 144 to 145A.
In section 148, the definitions of “the CHAI”, “the CSCI”, “financial year” and “Minister of the Crown”.
Schedules 6 to 8.
In section 61, the words “the Commission for Healthcare Audit and Inspection or”.
In Schedule 5—the entry for the Commission for Healthcare Audit and Inspection, and the entry for the Commission for Social Care Inspection.
Section 45(7)(d).
In Schedule 4—paragraph 1(10)(f), paragraph 1(11)(a), and paragraph 7(6)(a) and (b).
Regulation of healthcare professions
In section 1(3), paragraphs (b) and (f).
Section 38(3)(a)(ii).
In section 41—in subsection (7), the words “in accordance with regulations made by the General Council under this subsection,”, and subsection (8).
In section 41A(4), the words from “; and for the purposes” to the end.
Section 53(2)(c).
In Part 3 of Schedule 1—paragraphs 19A and 19E and the headings before those paragraphs, and paragraph 23(b).
In Schedule 4—in the heading before paragraph 1, the words “, Interim Orders Panels and Fitness to Practise Panels”, in paragraph 1(1), the words “, Interim Orders Panels and Fitness to Practise Panels”, in paragraph 1(1)(a), the words “, an Interim Orders Panel or a Fitness to Practise Panel”, in paragraph 1(1)(b), the words “or such a Panel”, paragraph 1(3) and (4), in paragraph 2(1), paragraphs (b) and (c) and the words “or Panel”, in paragraph 2(2), the words “, an Interim Orders Panel or a Fitness to Practise Panel”, in paragraph 2(3), the words “, an Interim Orders Panel or a Fitness to Practise Panel” and the words “or Panel” (in both places), in paragraph 3(a), the words “, an Interim Orders Panel or a Fitness to Practise Panel” and the words “, a Panel”, in paragraph 3(b), the words “to a Fitness to Practise Panel or” and the words “the Panel or”, paragraph 5A(1)(a)(ii), (3) and (3A), paragraph 7(1)(b) and (c), in paragraph 7(4), the words “, an Interim Orders Panel or a Fitness to Practise Panel”, in paragraph 7(4)(a), the words “or a Panel”, in paragraph 7(4)(a)(ii) and (b), the words “or the Panel”, and in paragraph 13, the words “, an Interim Orders Panel or Fitness to Practise Panel”.
Section 5C.
In section 5D(1), the words “the Fitness to Practise Committee and”.
In section 13L(11), the words “and rules made under section 23C below”.
In section 23B—in the heading, the words “Fitness to Practise Committee and”, and subsection (1)(a) and the word “or” following it.
In section 23C—subsection (1)(a)(i) and the word “and” following it, and subsection (2)(e) and (f).
Section 23D(2)(a) and the word “and” following it.
In section 23E(3) and (4), the words “the Fitness to Practise Committee and”.
In section 60(2)(a), the words “the Pharmacy Act 1954,”.
In Schedule 3—paragraph 7(2) and (3), in paragraph 10, the words from “and other expressions” to the end, and paragraph 12.
In section 25(6), the words “and (3)”.
Section 26(7) and (8).
In section 29(1)—paragraph (c), in paragraph (e), the words from “(other than a determination” to the end, and paragraph (f).
In Schedule 7, paragraphs 20 to 24.
In Schedule 7, in paragraph 4, in part A, the entry for the Hearing Aid Council Act 1968 (c. 50).
In Part 3 of Schedule 11, in paragraph 6(3), the entry for the Hearing Aid Council (Extension) Act 1975 (c. 39).
Public health protection
Section 1(2) and (4).
In section 5(3), the words “or rating districts”.
Section 7(4)(c) and (d).
In section 49(1), paragraph (c) and the word “and” immediately preceding it.
In section 50(2)—paragraph (b) and the word “or” immediately preceding it, and the words “or any person on board suffering from an infectious disease”.
In section 51—subsection (1), and in subsection (2), the words “the provisions of this Part of this Act and”.
Section 52.
In section 61(2), the words “, other than a factory or workplace,”.
Section 62(3).
Section 64(2).
Section 67(3).
Section 70.
In section 74, the definitions of “coastal waters”, “common lodging-house”, “dustbin”, “factory”, “hospital”, “house”, “inland waters”, “local Act”, “NHS trust”, “NHS contract”, “notifiable disease”, “rating district”, “school” and “street”.
Section 76.
National Health Service
In section 71(2)(f), the word “and” at the end.
In section 164(5), paragraph (b) and the word “and” immediately preceding it.
Section 228(2) and (12).
In section 229(1), the words “(not including its pharmaceutical services expenditure)”.
Section 230(2) and (3).
In Schedule 14—paragraphs 1 and 2, and in paragraph 4(1), the definition of “pharmaceutical services” and, in the definition of “remuneration referable to the cost of drugs”, the words “except in paragraph 1(2)(b) and”.
In section 88(5), paragraph (b) and the word “and” immediately preceding it.
In section 174(1)(a), (2)(a) and (b) and (12), the words “and pharmaceutical”.
In section 175(1), the words “and pharmaceutical”.
In section 176(2) and (3)(b), the words “and pharmaceutical”.
In Schedule 8—in paragraph 1(1) (and in the heading immediately preceding paragraph 1) the words “and pharmaceutical”, paragraph 1(2)(b) and (c), in paragraph 4(1), the definition of “pharmaceutical services” and, in the definition of “remuneration referable to the cost of drugs”, the words “except in paragraph 1(2)(b) and”.
Abolition of maintenance liability of relatives
Section 42.
Section 43.
In section 47(9), the words “or from any person who for the purposes of this Act is liable to maintain that person”.
In section 48(3), the words “, or from any person who for the purposes of this Act is liable to maintain him,”.
In section 51—in subsection (1), the words “or any person whom he is liable to maintain for the purposes of this Act”, in subsection (2), the words “or any other person”, and in subsection (3), in paragraph (a), the words “where the accommodation provided for him,” and paragraph (b).
In section 56(1), the words “(other than a sum due under an order made under section 43 of this Act)”.
In Schedule 6, in paragraph 19—in sub-paragraph (1), the words “whom he is not liable to maintain for the purposes of this Act”, and sub-paragraph (2).
In section 4—subsection (1)(b), and in subsection (2), the words “the said section forty-three or”.
In section 9—subsection (1)(b), and in subsection (2), the words “or the said section forty-three”.
In section 16(2)—in paragraph (a)(v), the words “, or section forty-three of the National Assistance Act 1948”, and paragraph (b)(v).
In section 2(1), paragraph (a).
Establishment of National Information Governance Board
Abolition of National Biological Standards Board