Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
15

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Appeals to the Tribunal
(1)
An appeal against—
(a)
any decision of the Commission under this Chapter, other than a
decision to give a warning notice under section 25, or
(b)
an order made by a justice of the peace under section 26,
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lies to the Tribunal.
(2)
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.
(3)
On an appeal against a decision of the Commission, other than a decision to
which a notice under section 27 relates, the Tribunal may confirm the decision
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or direct that it is not to have effect.
(4)
On an appeal against an order made by a justice of the peace the Tribunal may
confirm the order or direct that it is to cease to have effect.
(5)
On an appeal against a decision to which a notice under section 27 relates, the
Tribunal may confirm the decision or direct that it is to cease to have effect.
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(6)
On an appeal against a decision or order, the Tribunal also has power—
(a)
to vary any discretionary condition for the time being in force in respect
of the regulated activity to which the appeal relates,
(b)
to direct that any such discretionary condition is to cease to have effect,
(c)
to direct that any such discretionary condition as the Tribunal thinks fit
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shall have effect in respect of the regulated activity, or
(d)
to vary the period of any suspension.
(7)
In this section—
“discretionary condition”, in relation to registration under this Chapter,
means any condition other than a registered manager condition
25
required by section 9(1);
“the Tribunal” means the tribunal established by section 9 of the
Protection of Children Act 1999 (c. 14).
Offences
29
Failure to comply with conditions
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A person who—
(a)
is registered under this Chapter in respect of a regulated activity
(whether as a service provider or manager), and
(b)
fails, without reasonable excuse, to comply with any condition for the
time being in force by virtue of this Chapter in relation to the
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registration,
is guilty of an offence and liable on summary conviction to a fine not exceeding
£50,000.
30
Offences relating to suspension or cancellation of registration
(1)
If a person (“S”) who is registered under this Chapter as a service provider in
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respect of a regulated activity carries on that activity while S’s registration is
suspended, S is guilty of an offence.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
16

(2)
If a person (“M”) who is registered under this Chapter as a manager in respect
of a regulated activity manages that activity at any time—
(a)
after the registration of M is cancelled, or
(b)
while the registration of M is suspended,

M is guilty of an offence.
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(3)
If a person (“M”) who is registered under this Chapter as a manager in respect
of a regulated activity manages that activity at any time—
(a)
after the registration of the person registered as a service provider is
cancelled, or
(b)
while the registration of that person is suspended,
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M is guilty of an offence if M knew or could reasonably be expected to have
known of the cancellation or suspension.
(4)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding £50,000.
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Contravention of regulations
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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 with a fine exceeding—
(a)
in the case of regulations under section 16 (regulation of regulated
20
activities), £50,000, or
(b)
in any other case, level 4 on the standard scale.
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False description of concerns, premises etc.
(1)
Any person who, with intent to deceive any person—
(a)
applies any name to any concern carried on in England or to any
25
premises in England, or
(b)
in any way describes such a concern or such premises or holds such a
concern or such premises out,

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
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carrying on of a regulated activity is guilty of an offence unless the conditions
in subsection (2) are met.
(2)
Those conditions are—
(a)
that a person is registered under this Chapter as a service provider in
respect of the regulated activity in question, and
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(b)
that the registration has not been suspended.
(3)
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
40
in force by virtue of this Chapter in relation to the regulated activity is guilty
of an offence.
(4)
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.
(5)
In this section “concern” includes any organisation.
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Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
17

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False statements in applications
(1)
Subsection (2) applies to any application under this Chapter by a person
(“A”)—
(a)
for registration,
(b)
for the variation or removal of any condition in force in relation to A’s
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registration,
(c)
for the variation or cancellation of any suspension of A’s registration, or
(d)
for the cancellation of A’s registration.
(2)
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
10
offence.
(3)
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
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Provision of copies of registers
15
(1)
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.
(2)
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
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entitled to have one.
(3)
Regulations may provide that subsections (1) and (2) do not apply—
(a)
in such circumstances as may be prescribed, or
(b)
to such parts of a register as may be prescribed.
(4)
A fee determined by the Commission is payable for the copy or extract
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except—
(a)
in prescribed circumstances, or
(b)
in any case where the Commission considers it appropriate to provide
the copy or extract free of charge.
Miscellaneous
30
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Bodies required to be notified of certain matters
(1)
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—
(a)
to such Primary Care Trust or English local authority as may be
determined in accordance with regulations,
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(b)
where the person registered as a service provider in respect of the
activity is a Primary Care Trust or National Health Service trust, to such
Strategic Health Authority as may be so determined,
(c)
where the person registered as a service provider in respect of the
activity is an NHS foundation trust, to the Independent Regulator of
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NHS Foundation Trusts, and
(d)
to such other persons as the Commission considers appropriate.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
18

(2)
This section applies to the following notices—
(a)
a notice under section 22 (notice of proposals),
(b)
a notice under subsection (1) or (3) of section 24 (notice of decisions),
(c)
a warning notice under section 25 (warning notice), and
(d)
a notice under section 27 (urgent procedure for suspension or
5
variation).
(3)
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—
(a)
the payment of a penalty in accordance with a penalty notice issued
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under section 82, or
(b)
the commencement of proceedings in respect of a Part 1 offence.
(4)
Regulations may prescribe cases in which subsection (1) or (3) does not apply.
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Periodic returns
(1)
Regulations may require the person carrying on a regulated activity to make a
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return to the Commission at such intervals as may be prescribed.
(2)
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.
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Liquidators etc.
(1)
Regulations may—
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(a)
require any person to whom this section applies to give notice of the
person’s appointment to the Commission;
(b)
require any person to whom this section applies to appoint a person to
manage the regulated activity in question.
(2)
This section applies to any person appointed as—
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(a)
a receiver or manager of the property of a relevant company,
(b)
the liquidator or provisional liquidator of a relevant company, or
(c)
the trustee in bankruptcy of a relevant individual.
(3)
In this section—
“company” includes a partnership;
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“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.
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Death of registered person
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(1)
Regulations may—
(a)
provide for the provisions of this Chapter to apply with prescribed
modifications in cases where the only person registered under this
Chapter as a service provider in respect of a regulated activity has died;
(b)
require the personal representatives of a deceased person who was
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registered as a service provider in respect of a regulated activity to
notify the Commission of the person’s death.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
19

(2)
Regulations under subsection (1)(a) may in particular—
(a)
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
(b)
include provision for the prescribed period to be extended by such
further period as the Commission may allow.
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Power to modify provisions of Chapter
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Power to modify Chapter in relation to newly regulated activities
(1)
Regulations may modify the provisions of this Chapter in their application to
any newly regulated activity of a prescribed description.
(2)
A “newly regulated activity” is any activity other than one which—
10
(a)
consists of or includes the carrying on of a relevant concern,
(b)
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
(c)
consists of the provision of health care by a National Health Service
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body, as defined by section 121 of that Act.
(3)
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—
(a)
an independent hospital,
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(b)
an independent clinic,
(c)
an independent medical agency,
(d)
a care home,
(e)
a domiciliary care agency, or
(f)
a nurses agency.
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(4)
In this section—
“the 2000 Act” means the Care Standards Act 2000 (c. 14);
“commencement” means the commencement of section 6 of this Act.
Interpretation
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Interpretation of Chapter 2
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In this Chapter—
“health care associated infection” is to be read in accordance with section
16(6) and (7);
“registered manager condition” is to be read in accordance with section
9(3).
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Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 3 — Quality of health and social care
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Chapter 3
Quality of health and social care
Health care standards
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Standards set by Secretary of State
(1)
The Secretary of State may prepare and publish statements of standards in
5
relation to the provision of NHS care.
(2)
The Secretary of State must keep the standards under review and may publish
amended statements whenever the Secretary of State considers it appropriate.
(3)
The Secretary of State may direct a person—
(a)
to prepare a draft statement of standards for the purposes of subsection
10
(1), submit it to the Secretary of State for approval and publish it in the
form approved or modified by the Secretary of State;
(b)
to keep standards under review for the purposes of subsection (2) and,
whenever the person considers it appropriate, submit a draft amended
statement to the Secretary of State for approval and publish it in the
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form approved or modified by the Secretary of State.
(4)
The Secretary of State must consult such persons as the Secretary of State
considers appropriate—
(a)
before publishing a statement under subsection (1) or approving a
statement under subsection (3)(a);
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(b)
before publishing under subsection (2), or approving under subsection
(3)(b), any amended statement which in the opinion of the Secretary of
State effects a substantial change in the standards.
Reviews and investigations
42
Periodic reviews
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(1)
In respect of each Primary Care Trust the Commission must—
(a)
conduct reviews of the provision of health care by the Trust and by
other persons pursuant to arrangements made by the Trust,
(b)
assess the Trust’s performance following each such review, and
(c)
publish a report of its assessment.
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(2)
In respect of each English NHS provider the Commission must—
(a)
conduct reviews of the provision of health care by the provider,
(b)
assess the provider’s performance following each such review, and
(c)
publish a report of its assessment.
(3)
In respect of each English local authority the Commission must—
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(a)
conduct reviews of the provision of adult social services by the
authority and by other persons pursuant to arrangements made by the
authority,
(b)
assess the authority’s performance following each such review, and
(c)
publish a report of its assessment.
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Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 3 — Quality of health and social care
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(4)
The assessment of a body’s performance is to be by reference to such indicators
of quality as the Secretary of State may devise or approve.
(5)
The Secretary of State may direct the Commission to devise indicators for the
purposes of subsection (4) and submit them to the Secretary of State for
approval.
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(6)
The Commission must—
(a)
prepare a statement describing the method that it proposes to use in
assessing and evaluating a body’s performance under this section, and
(b)
submit the statement to the Secretary of State for approval.
(7)
Different indicators may be devised or approved, and different methods may
10
be described, for different cases.
(8)
The Commission must publish—
(a)
the indicators devised or approved from time to time by the Secretary
of State, and
(b)
the method statement approved from time to time by the Secretary of
15
State.
(9)
The Secretary of State may, after consulting the Commission, by regulations
make provision as to the procedure to be followed in respect of the making of
representations to the Commission before the publication of a report under this
section.
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Frequency and period of review
(1)
The Commission must—
(a)
prepare a document setting out the frequency with which reviews
under section 42 are to be conducted and the period to which they are
to relate, and
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(b)
submit the document to the Secretary of State for approval.
(2)
The document may make different provision for different cases.
(3)
The Commission may revise the document from time to time with the approval
of the Secretary of State.
(4)
The Commission must publish the document as approved or modified by the
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Secretary of State and as revised from time to time.
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Special reviews and investigations
(1)
The Commission may conduct any special review or investigation, and must
do so if the Secretary of State so requests.
(2)
A special review or investigation is a review (other than a periodic review) of
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or an investigation into—
(a)
the provision of NHS care,
(b)
the provision of adult social services, or
(c)
the exercise of functions by English Health Authorities.
(3)
Such a review or investigation may relate—
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