Care Bill [HL]

House of Lords

Session 2013 - 14
Internet Publications
Other Bills before Parliament

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.