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Care Bill [HL]


Care Bill [HL]
Part 2 — Care standards

78

 

(b)   

are referred to in this Schedule as the “non-executive

members”.

     (1B)  

The members appointed under sub-paragraph (1)(c) and (d)—

(a)   

are employees of the Commission, and

(b)   

are referred to in this Schedule as the “executive members”.

5

     (1C)  

The number of non-executive members must exceed the number of

executive members.”

(3)   

In sub-paragraph (2) of that paragraph—

(a)   

for “sub-paragraph (1)”, substitute “sub-paragraph (1)(a) and (b)”, and

(b)   

for “the members”, substitute “the non-executive members”.

10

(4)   

In sub-paragraph (3) of that paragraph, for “any other member”, substitute

“any other non-executive member”.

(5)   

In sub-paragraph (4) of that paragraph—

(a)   

in paragraph (a)—

(i)   

for “other members”, substitute “other non-executive

15

members”, and

(ii)   

for “of members who may be appointed”, substitute “of such

members who may be appointed”,

(b)   

after paragraph (a), omit “and”,

(c)   

in paragraph (b), for “other members”, substitute “other non-executive

20

members”, and

(d)   

after paragraph (b), insert—

“(c)   

the limits on the total number of members who may

be appointed, and

(d)   

the minimum total number of members who must be

25

appointed”.

(6)   

In paragraph 4 of that Schedule (the cross-heading preceding which becomes

“Remuneration and allowances for non-executive members”), in sub-

paragraphs (1) and (2), for “any other member”, substitute “any other non-

executive member”.

30

(7)   

In paragraph 5 of that Schedule (employees), omit sub-paragraph (1).

(8)   

In sub-paragraph (2) of that paragraph, for “such other employees”, substitute

“such employees (in addition to the executive members appointed by the non-

executive members)”.

Increasing the independence of the Care Quality Commission

35

87      

Chief Inspectors

After paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 insert—

“Chief Inspectors

3A    (1)  

The non-executive members must—

(a)   

appoint an executive member to be the Chief Inspector of

40

Hospitals,

 
 

Care Bill [HL]
Part 2 — Care standards

79

 

(b)   

appoint an executive member to be the Chief Inspector of

Adult Social Care, and

(c)   

appoint an executive member to be the Chief Inspector of

General Practice.

      (2)  

Each of those executive members is to exercise such functions of the

5

Commission on its behalf as it determines.

      (3)  

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.”

10

88      

Independence of the Care Quality Commission

(1)   

Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is

amended as follows.

(2)   

In section 48 (special reviews or investigations), omit subsection (7) (Secretary

of State’s power to make regulations as to procedure for representations before

15

publication of report).

(3)   

In section 54 (studies as to economy, efficiency etc), in subsections (1) and (3),

omit “, with the approval of the Secretary of State,”.

(4)   

After subsection (2) of that section, insert—

“(2A)   

The Commission may not exercise the power under subsection (1)(a),

20

so far as it relates to the activity mentioned in subsection (2)(d), without

the approval of the Secretary of State.”

(5)   

In section 55 (publication of results of studies under section 54), omit

subsection (2) (Secretary of State’s power to make regulations as to procedure

for representations before publication of report).

25

(6)   

In section 57 (reviews of data, studies and research), in subsection (1), omit “,

with the approval of the Secretary of State,”.

(7)   

In section 61 (inspections carried out for registration purposes), omit—

(a)   

subsection (1) (Secretary of State’s power to make regulations

specifying frequency etc. of inspections), and

30

(b)   

subsection (4) (Secretary of State’s power to make regulations as to

procedure for representations before publication of report).

(8)   

In section 83 (annual reports), omit subsection (3) (Secretary of State’s power

to direct preparation of separate reports).

(9)   

In paragraph 5 of Schedule 4 (inspection programmes etc.), omit—

35

(a)   

in sub-paragraph (1) (preparation of programme etc.), “, or at such

times as the Secretary of State may specify by order,”, and

(b)   

sub-paragraph (3) (Secretary of State’s power to specify form of

programme etc.).

(10)   

In consequence of subsections (3) and (6), omit section 293(3) and (4) of the

40

Health and Social Care Act 2012.

 
 

Care Bill [HL]
Part 2 — Care standards

80

 

Performance ratings

89      

Reviews and performance assessments

(1)   

Chapter 3 of Part 1 of the Health and Social Care Act 2008 (the Care Quality

Commission: quality of health and social care) is amended as follows.

(2)   

For section 46 (periodic reviews of health and social care provision)

5

substitute—

“46     

Reviews and performance assessments

(1)   

The Commission must, in respect of such regulated activities and such

registered service providers as may be prescribed—

(a)   

conduct reviews of the carrying on of the regulated activities by

10

the service providers,

(b)   

assess the performance of the service providers following each

such review, and

(c)   

publish a report of its assessment.

(2)   

Regulations under subsection (1) may prescribe—

15

(a)   

all regulated activities or regulated activities of a particular

description;

(b)   

all registered service providers or particular registered service

providers;

(c)   

the whole of a regulated activity or a particular aspect of it.

20

(3)   

The assessment of the performance of a registered service provider is to

be by reference to whatever indicators of quality the Commission

devises.

(4)   

The Commission must prepare a statement—

(a)   

setting out the frequency with which reviews under this section

25

are to be conducted and the period to which they are to relate,

and

(b)   

describing the method that it proposes to use in assessing and

evaluating the performance of a registered service provider or

local authority under this section.

30

(5)   

The Commission may—

(a)   

use different indicators for different cases,

(b)   

make different provision about frequency and period of

reviews for different cases, and

(c)   

describe different methods for different cases.

35

(6)   

The Commission must publish—

(a)   

any indicators it devises for the purpose of subsection (3), and

(b)   

the statement it prepares for the purpose of subsection (4).

(7)   

Before doing so, the Commission—

(a)   

must consult the Secretary of State and such other persons, or

40

other persons of such a description, as may be prescribed, and

(b)   

may also consult any other persons it considers appropriate.

(8)   

The Commission may from time to time revise—

(a)   

any indicators it devises for the purpose of subsection (3), and

 
 

Care Bill [HL]
Part 2 — Care standards

81

 

(b)   

the statement it prepares for the purpose of subsection (4);

   

and, if it does so, it must publish the indicators and statement as

revised.

(9)   

Subsection (7) applies to revised indicators and a revised statement, so

far as the Commission considers the revisions in question to be

5

significant.

(10)   

In this section “registered service provider” means a person registered

under Chapter 2 as a service provider.

(11)   

Consultation undertaken before the commencement of this section is as

effective for the purposes of subsection (7) as consultation undertaken

10

after that commencement.”

(3)   

Sections 47 (frequency and period of reviews under section 46) and 49 (power

to extend periodic review function) are repealed.

(4)   

In section 48 (special reviews and investigations), in subsection (1)—

(a)   

omit “, with the approval of the Secretary of State,”, and

15

(b)   

at the end insert “; but the Commission may not conduct a review or

investigation under subsection (2)(ba) or (bb) without the approval of

the Secretary of State.”

(5)   

Omit subsection (1A) of that section.

(6)   

In subsection (2) of that section, for “a periodic review” substitute “a review

20

under section 46”.

(7)   

In that subsection, after paragraph (ba) (but before the following “or”) insert—

“(bb)   

the exercise of the functions of English local authorities in

arranging for the provision of adult social services,”.

(8)   

After subsection (3) of that section insert—

25

“(3A)   

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 under

subsection (2)(bb) (and the requirement for approval under subsection

(1) is accordingly to apply).”

30

(9)   

In consequence of the preceding provisions of this section—

(a)   

in section 50(1) of the Health and Social Care Act 2008 (failings by

English local authorities), omit “or 49”;

(b)   

in section 51(1) of that Act (failings by Welsh NHS bodies), omit “or 49”;

(c)   

in section 70(3)(a) of that Act (provision by Commission to Monitor of

35

material relevant to review under section 46 or 49), omit “or 49”;

(d)   

in section 72(a) of that Act (provision by Commission to Comptroller

and Auditor General of material relevant to review under section 46 or

49), omit “or 49”;

(e)   

in section 293 of the Health and Social Care Act 2012, omit subsections

40

(1) and (2);

(f)   

in Schedule 5 to that Act (amendments in consequence of Part 1 of that

Act), omit paragraphs 157, 159, 163 and 164.

 
 

 
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