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Health and Social Care Bill


Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

33

 

(3)   

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.

(4)   

Any arrangements under subsection (1)(a) are not to affect the responsibility of

the Minister on whose behalf the function is exercised.

5

(5)   

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

10

corresponds to section 1(1) of the National Health Service Act 2006

(c. 41).

Inquiries

69      

Inquiries

(1)   

The Secretary of State may cause an inquiry to be held into any matter

15

connected with the exercise by the Commission of any of its functions.

(2)   

Before an inquiry is begun, the Secretary of State may give a direction that it be

held in private.

(3)   

Where no such direction has been given, the person holding the inquiry may

decide to hold it, or any part of it, in private.

20

(4)   

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.

(5)   

The report of the person holding the inquiry is to be published, unless the

Secretary of State considers that there are exceptional circumstances which

25

make publication inappropriate.

(6)   

Publication is to be in such manner as the Secretary of State considers

appropriate.

Information

70      

Disclosure of confidential personal information: offence

30

(1)   

This section applies to information which—

(a)   

has been obtained by the Commission on terms or in circumstances

requiring it to be held in confidence, and

(b)   

relates to and identifies an individual.

(2)   

A person is guilty of an offence if the person knowingly or recklessly discloses

35

information to which this section applies during the lifetime of the individual.

(3)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding 12

months, or to a fine not exceeding the statutory maximum, or to both,

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

40

two years, or to a fine, or to both.

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

34

 

(4)   

In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) to 12

months is to be read as a reference to 6 months.

(5)   

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

5

from a combination of—

(a)   

that information, and

(b)   

other information obtained by the Commission.

(6)   

Reference in this section and in sections 71 to 74 to information obtained or

disclosed by the Commission includes information obtained or disclosed by a

10

person authorised by the Commission.

71      

Defence

(1)   

It is a defence for a person charged with an offence under section 70 to prove

that at the time of the alleged offence—

(a)   

any of the circumstances in subsection (2) applied in relation to the

15

disclosure, or

(b)   

the person reasonably believed that any of them so applied.

(2)   

The circumstances are—

(a)   

that the disclosure was made in a form in which the individual to

whom the information relates is not identified;

20

(b)   

that the disclosure was made with the consent of that individual;

(c)   

that the information disclosed had previously been lawfully disclosed

to the public;

(d)   

that the disclosure was made under or pursuant to regulations under

section 113 or 114 of the Health and Social Care (Community Health

25

and Standards) Act 2003 (c. 43) (complaints about health care or social

services);

(e)   

that the disclosure was made in accordance with any enactment or

court order;

(f)   

that the disclosure was necessary or expedient for the purposes of

30

protecting the welfare of any individual;

(g)   

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.

35

(3)   

It is also a defence for a person charged with an offence under section 70 to

prove that the disclosure was made—

(a)   

for the purpose of facilitating the exercise of any of the Commission’s

functions,

(b)   

in connection with the investigation of a criminal offence (whether or

40

not in the United Kingdom), or

(c)   

for the purpose of criminal proceedings (whether or not in the United

Kingdom).

(4)   

If a person charged with an offence under section 70 relies on a defence in

subsection (1) or (3), and evidence is adduced which is sufficient to raise an

45

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.

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

35

 

(5)   

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—

(a)   

the information, and

(b)   

other information disclosed by the person or by the Commission.

5

72      

Use of information etc.

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.

73      

Permitted disclosures

10

(1)   

Subsections (2) and (3) apply to any information obtained by the Commission

in the course of exercising any of its functions.

(2)   

In the case of information relating to an individual, the Commission may

disclose the information if—

(a)   

the disclosure is made in a form in which the individual is not

15

identified, or

(b)   

the disclosure is made with the consent of the individual.

(3)   

In all cases (whether or not relating to an individual), the Commission may

disclose the information if—

(a)   

the information has previously been lawfully disclosed to the public,

20

(b)   

the disclosure is made under or pursuant to regulations under section

113 or 114 of the Health and Social Care (Community Health and

Standards) Act 2003 (c. 43) (complaints about health care or social

services),

(c)   

the disclosure is made in accordance with any enactment or court

25

order,

(d)   

the disclosure is necessary or expedient for the purposes of protecting

the welfare of any individual,

(e)   

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

30

for the purpose of exercising functions of that person or body under

any enactment,

(f)   

the disclosure is made for the purpose of facilitating the exercise of any

of the Commission’s functions,

(g)   

the disclosure is made in connection with the investigation of a criminal

35

offence (whether or not in the United Kingdom), or

(h)   

the disclosure is made for the purpose of criminal proceedings

(whether or not in the United Kingdom).

(4)   

Subsections (2) and (3) have effect notwithstanding any rule of common law

which would otherwise prohibit or restrict the disclosure.

40

(5)   

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—

(a)   

the information, and

(b)   

other information disclosed by the Commission.

45

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

36

 

74      

Code of practice on confidential personal information

(1)   

The Commission must prepare and publish a code in respect of the practice it

proposes to follow in relation to confidential personal information.

(2)   

The code must in particular make provision—

(a)   

about the obtaining by the Commission of information which, once

5

obtained, will be confidential personal information, and

(b)   

about the handling, use and disclosure by the Commission of

confidential personal information.

(3)   

Before publishing the code, the Commission must consult—

(a)   

the National Information Governance Board for Health and Social

10

Care, and

(b)   

such other persons as it considers appropriate.

(4)   

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).

15

(5)   

In this section “confidential personal information” means information which—

(a)   

is obtained by the Commission on terms or in circumstances requiring

it to be held in confidence, and

(b)   

relates to and identifies an individual.

(6)   

For the purposes of subsection (5)(b), information obtained by the Commission

20

is to be treated as identifying an individual if the individual can be identified

from a combination of—

(a)   

the information, and

(b)   

other information obtained by the Commission.

Further provisions about functions of Commission

25

75      

Publication of programme of reviews etc.

(1)   

The Commission must from time to time, or at such times as the Secretary of

State may specify by order, prepare and publish a document setting out—

(a)   

the special reviews and investigations that it proposes to conduct under

section 44,

30

(b)   

the studies that it proposes to undertake under section 50, and

(c)   

the reviews that it proposes to conduct under section 53.

(2)   

Before preparing a document under subsection (1) the Commission must

consult—

(a)   

the Secretary of State, and

35

(b)   

any other person or body specified by an order made by the Secretary

of State,

   

and it must send each of those persons or bodies a copy of the document once

it is prepared.

(3)   

The Commission may determine that any document or combination of

40

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).

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

37

 

(4)   

Nothing in a document published under subsection (1) is to be regarded—

(a)   

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

(b)   

as preventing the Commission from conducting an investigation under

section 44 where the Commission considers there to be a risk to the

5

health, safety or welfare of persons receiving health or social care.

76      

Failure by the Commission in discharge of its functions

(1)   

The Secretary of State may give a direction to the Commission if the Secretary

of State considers that the Commission—

(a)   

is failing or has failed to discharge any of its functions, or

10

(b)   

is failing or has failed properly to discharge any of its functions.

(2)   

A direction under subsection (1) may direct the Commission to discharge such

of those functions, and in such manner and within such period or periods, as

may be specified in the direction.

(3)   

If the Commission fails to comply with a direction under subsection (1), the

15

Secretary of State may—

(a)   

discharge the functions to which the direction relates, or

(b)   

make arrangements for any other person to discharge them on the

Secretary of State’s behalf.

77      

Reports for each financial year etc.

20

(1)   

As soon as possible after the end of each financial year, the Commission must

make a report on each of the following matters—

(a)   

the way in which it has exercised its functions during the year,

(b)   

the provision of NHS care during the year,

(c)   

the provision of adult social services during the year, and

25

(d)   

the carrying on of regulated activities during the year.

(2)   

The Commission may comply with subsection (1) by preparing a single

document or separate documents on each of the matters mentioned there.

(3)   

If the Secretary of State so directs, a report under subsection (1) must include

separate reports on such aspects of the matters mentioned in that subsection as

30

may be specified in the direction.

(4)   

The Commission must—

(a)   

lay before Parliament a copy of each report made under subsection (1),

and

(b)   

send a copy of each such report to the Secretary of State.

35

(5)   

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.

(6)   

Subsection (1)(a) does not apply to the Commission’s functions under the

Mental Health Act 1983 (c. 20).

40

(7)   

In this section, “financial year” means—

(a)   

the period beginning with the date on which the Commission is

established and ending with the next 31 March following that date, and

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

38

 

(b)   

each successive period of 12 months ending with 31 March.

78      

Reports and information

(1)   

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 (c. 20).

(2)   

The Commission must make copies of the report available for inspection at its

5

offices by any person at any reasonable time.

(3)   

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.

(4)   

The Commission may charge a person such reasonable fee as it considers

10

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

79      

Fees

15

(1)   

The Commission may with the consent of the Secretary of State from time to

time make and publish provision—

(a)   

requiring a fee to be paid in respect of—

(i)   

an application for registration as a service provider or manager

under Chapter 2,

20

(ii)   

the grant or subsistence of any such registration, or

(iii)   

an application under section 15(1);

(b)   

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

25

such of its other functions under this Part as may be prescribed.

(2)   

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.

(3)   

Provision under subsection (1) may include provision—

(a)   

for different fees to be paid in different cases,

30

(b)   

for different fees to be paid by persons of different descriptions,

(c)   

for the amount of a fee to be determined by the Commission in

accordance with specified factors, and

(d)   

for determining the time by which a fee is to be payable.

(4)   

Before making provision under subsection (1) the Commission must consult

35

such persons as it thinks appropriate.

(5)   

The Secretary of State may by regulations make provision as to—

(a)   

the manner in which provision under subsection (1) is to be made and

published;

(b)   

the matters to be taken into account by the Commission before making

40

provision under that subsection.

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General

39

 

(6)   

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).

5

(7)   

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.

(8)   

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

10

such form, as the Commission may require.

(9)   

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

80      

Penalty notices

15

(1)   

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.

(2)   

A fixed penalty offence is any Part 1 offence that is prescribed for the purposes

of this section.

20

(3)   

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.

(4)   

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

25

prescribed.

(5)   

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.

(6)   

Penalties under this section are payable to the Commission.

30

(7)   

Penalties received by the Commission under this section must be paid to the

Secretary of State.

81      

Penalty notices: supplementary provision

(1)   

Regulations may make—

(a)   

provision as to the form and content of penalty notices,

35

(b)   

provision as to the monetary amount of the penalty and the time by

which it is to be paid,

(c)   

provision determining the methods by which penalties may be paid,

(d)   

provision as to the records to be kept in relation to penalty notices,

(e)   

provision for or in connection with the withdrawal, in prescribed

40

circumstances, of a penalty notice, including—

 
 

 
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