|
| |
|
(b) | are referred to in this Schedule as the “non-executive |
| |
| |
(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 |
| |
| |
(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— |
| |
| |
(i) | for “other members”, substitute “other non-executive |
| 15 |
| |
(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 |
| |
(d) | after paragraph (b), insert— |
| |
“(c) | the limits on the total number of members who may |
| |
| |
(d) | the minimum total number of members who must be |
| 25 |
| |
(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- |
| |
| 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- |
| |
| |
Increasing the independence of the Care Quality Commission |
| 35 |
| |
After paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 insert— |
| |
| |
3A (1) | The non-executive members must— |
| |
(a) | appoint an executive member to be the Chief Inspector of |
| 40 |
| |
|
| |
|
| |
|
(b) | appoint an executive member to be the Chief Inspector of |
| |
| |
(c) | appoint an executive member to be the Chief Inspector of |
| |
| |
(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 |
| |
| 10 |
88 | Independence of the Care Quality Commission |
| |
(1) | Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is |
| |
| |
(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 |
| |
(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 |
| |
| |
(10) | In consequence of subsections (3) and (6), omit section 293(3) and (4) of the |
| 40 |
Health and Social Care Act 2012. |
| |
|
| |
|
| |
|
| |
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 |
| |
“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 |
| |
(b) | assess the performance of the service providers following each |
| |
| |
(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 |
| |
| |
(b) | all registered service providers or particular registered service |
| |
| |
(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 |
| |
| |
(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, |
| |
| |
(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 |
| |
(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 |
| |
|
| |
|
| |
|
(b) | the statement it prepares for the purpose of subsection (4); |
| |
| and, if it does so, it must publish the indicators and statement as |
| |
| |
(9) | Subsection (7) applies to revised indicators and a revised statement, so |
| |
far as the Commission considers the revisions in question to be |
| 5 |
| |
(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 |
| |
| |
(5) | Omit subsection (1A) of that section. |
| |
(6) | In subsection (2) of that section, for “a periodic review” substitute “a review |
| 20 |
| |
(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 |
| |
| |
(e) | in section 293 of the Health and Social Care Act 2012, omit subsections |
| 40 |
| |
(f) | in Schedule 5 to that Act (amendments in consequence of Part 1 of that |
| |
Act), omit paragraphs 157, 159, 163 and 164. |
| |
|
| |
|