|
| |
| |
(a) | to the overall provision of NHS care or adult social services or to the |
| |
provision of NHS care or adult social services of a particular |
| |
| |
(b) | to the overall exercise of functions or to the exercise of functions of a |
| |
| 5 |
(c) | to the provision of care or services or the exercise of functions by bodies |
| |
or persons generally or by particular bodies or persons. |
| |
(4) | Where the Commission conducts a review or investigation under this section, |
| |
it must publish a report. |
| |
(5) | The Secretary of State may, after consulting the Commission, by regulations |
| 10 |
make provision as to the procedure to be followed in respect of the making of |
| |
representations to the Commission before the publication of such a report. |
| |
(6) | In this section “English Health Authority” means— |
| |
(a) | a Strategic Health Authority, or |
| |
(b) | a Special Health Authority performing functions only or mainly in |
| 15 |
| |
45 | Power to extend periodic review function |
| |
(1) | The Secretary of State may by regulations require the Commission to— |
| |
(a) | conduct periodic reviews of the carrying on of regulated activities by |
| |
registered service providers, and |
| 20 |
| |
(i) | publish reports of such reviews, or |
| |
(ii) | assess the performance of registered service providers |
| |
following such reviews and publish reports of its assessment. |
| |
(2) | Regulations under subsection (1) may require the Commission to conduct |
| 25 |
periodic reviews in relation to— |
| |
(a) | all regulated activities or regulated activities of a particular description; |
| |
(b) | all registered service providers or particular registered service |
| |
| |
(c) | the whole of a regulated activity or a particular aspect of it. |
| 30 |
(3) | In the case of a regulated activity carried on by a Primary Care Trust, another |
| |
English NHS provider or an English local authority— |
| |
(a) | subsection (1) does not apply to the carrying on of that activity by that |
| |
body to the extent that the carrying on of that activity by that body is |
| |
already subject to periodic review under section 42, but |
| 35 |
(b) | this does not prevent the Secretary of State from requiring the |
| |
Commission to conduct periodic reviews of a particular aspect of the |
| |
activity as carried on by that body. |
| |
(4) | If regulations under subsection (1) require the Commission to conduct periodic |
| |
reviews, the following provisions have effect in relation to the reviews as they |
| 40 |
have effect in relation to reviews under section 42— |
| |
(a) | section 42(4) to (9), and |
| |
| |
(5) | In this section “registered service provider” means a person registered under |
| |
Chapter 2 as a service provider. |
| 45 |
| |
| |
|
| |
| |
46 | Failings by English local authorities |
| |
(1) | This section applies where the Commission conducts a review under section 42 |
| |
or 45, or a review or investigation under section 44, in respect of an English |
| |
| |
(2) | If the Commission considers that the local authority is failing to discharge any |
| 5 |
of its adult social services functions to an acceptable standard, then subject to |
| |
subsection (3) the Commission must— |
| |
(a) | inform the Secretary of State of that fact, and |
| |
(b) | recommend any special measures which it considers the Secretary of |
| |
| 10 |
(3) | If the Commission considers that the failure is not substantial, it may instead— |
| |
(a) | give the local authority a notice under subsection (4), and |
| |
(b) | inform the Secretary of State that it has done so. |
| |
(4) | A notice under this subsection is a notice which specifies— |
| |
(a) | the respects in which the Commission considers that the local authority |
| 15 |
| |
(b) | the action which the Commission considers the local authority should |
| |
take to remedy the failure, and |
| |
(c) | the time by which the Commission considers the action should be |
| |
| 20 |
(5) | If the Commission recommends that the Secretary of State should take special |
| |
measures in relation to the local authority, the Commission must, if the |
| |
Secretary of State so requests— |
| |
(a) | conduct a further review under section 44 in relation to the authority, |
| |
| 25 |
(b) | include in its report under subsection (4) of that section a report on such |
| |
matters as the Secretary of State may specify. |
| |
47 | Failings by Welsh NHS bodies |
| |
(1) | Following a review under section 42 or 45, or a review or investigation under |
| |
section 44, the Commission must inform the Welsh Ministers if it considers |
| 30 |
| |
(a) | there are significant failings in relation to the provision of health care |
| |
by or pursuant to arrangements made by a Welsh NHS body, |
| |
(b) | there are significant failings in the running of a Welsh NHS body, or |
| |
(c) | there are significant failings in the running of a body, or the practice of |
| 35 |
an individual, providing health care pursuant to arrangements made |
| |
| |
(2) | The Commission may also recommend to the Welsh Ministers that, with a view |
| |
to remedying those failings, the Welsh Ministers take special measures— |
| |
(a) | in a case falling within subsection (1)(a) or (b), in relation to the Welsh |
| 40 |
| |
(b) | in a case falling within subsection (1)(c), in relation to the body or |
| |
individual concerned (except an English NHS body or a cross-border |
| |
Special Health Authority). |
| |
(3) | In this section “Welsh NHS body” has the same meaning as in Part 2 of the |
| 45 |
Health and Social Care (Community Health and Standards) Act 2003 (c. 43). |
| |
| |
| |
|
| |
| |
| |
Functions under Mental Health Act 1983 |
| |
48 | Transfer and amendment of functions under Mental Health Act 1983 |
| |
(1) | The functions of the Secretary of State under the following provisions of the |
| |
Mental Health Act 1983 (c. 20) (“the MHA”) are transferred to the |
| 5 |
| |
(a) | section 57(2)(a) (appointment of registered medical practitioners and |
| |
| |
(b) | section 58(3)(a) (appointment of registered medical practitioners), |
| |
(c) | section 61(1) (receipt of reports on treatment), |
| 10 |
(d) | section 61(3) (power to disapply Part 4 certificates), |
| |
(e) | section 64H(4) (receipt of reports on treatment), |
| |
(f) | section 64H(5) (power to disapply Part 4A certificates), |
| |
(g) | section 118(2) (code of practice) so far as it relates to the appointment of |
| |
registered medical practitioners, |
| 15 |
(h) | section 119(1) (power to make provision for payment to practitioners |
| |
| |
(i) | section 120 (duty to keep matters under review etc.). |
| |
(2) | Registered medical practitioners, and other persons, appointed or authorised |
| |
by the Commission in the exercise of a function under the MHA may include |
| 20 |
members or employees of the Commission. |
| |
(3) | The functions of the Mental Health Act Commission under the MHA are |
| |
| |
(a) | in relation to England, to the Care Quality Commission; |
| |
(b) | in relation to Wales, to the Welsh Ministers. |
| 25 |
(4) | Section 121 of the MHA (which makes provision about the Mental Health Act |
| |
Commission and requires the Secretary of State and the Welsh Ministers to |
| |
delegate some of their functions to it) ceases to have effect. |
| |
(5) | Schedule 3 (which makes amendments to the MHA consequential on the |
| |
provisions of this section, and other amendments to the MHA relating to the |
| 30 |
functions of the Commission and the Welsh Ministers) has effect. |
| |
| |
| |
49 | Information and advice |
| |
(1) | The Commission must keep the Secretary of State informed about the |
| 35 |
| |
(a) | the provision of NHS care; |
| |
(b) | the provision of adult social services; |
| |
(c) | the carrying on of regulated activities. |
| |
(2) | The Commission may at any time give the Secretary of State advice on |
| 40 |
anything connected with those matters. |
| |
| |
| |
|
| |
| |
(3) | Advice under subsection (2) may in particular include advice on any changes |
| |
that the Commission thinks should be made to— |
| |
(a) | regulations under section 16 (regulation of regulated activities), |
| |
(b) | a code of practice under section 17 (code of practice relating to health |
| |
care associated infections), or |
| 5 |
(c) | a statement of standards under section 41 (health care standards set by |
| |
| |
(4) | When requested to do so by the Secretary of State, the Commission must give |
| |
the Secretary of State such advice or information in connection with a matter |
| |
mentioned in subsection (1) as may be specified in the request. |
| 10 |
(5) | The Commission may give advice— |
| |
(a) | to the Secretary of State or an English NHS body about the |
| |
establishment or conduct of any inquiry held, or to be held, by the |
| |
Secretary of State or NHS body in relation to the provision of health |
| |
care by or pursuant to arrangements made by that body; |
| 15 |
(b) | to the Secretary of State or an English local authority about the |
| |
establishment or conduct of any inquiry held, or to be held, by the |
| |
Secretary of State or local authority in relation to the provision of adult |
| |
social services by or pursuant to arrangements made by that authority. |
| |
50 | Studies as to economy, efficiency etc. |
| 20 |
(1) | The Commission may undertake or promote comparative or other studies |
| |
designed to enable it to make recommendations— |
| |
(a) | for improving economy, efficiency and effectiveness in any activity |
| |
mentioned in subsection (2), |
| |
(b) | for improving the management, other than the financial management, |
| 25 |
of an English NHS body, or |
| |
(c) | for improving the management of an English local authority in its |
| |
provision of adult social services. |
| |
(2) | Those activities are— |
| |
(a) | the provision of health care by an English NHS provider, |
| 30 |
(b) | the making of arrangements by a Primary Care Trust for the provision |
| |
| |
(c) | the provision of adult social services by an English local authority, and |
| |
(d) | the making of arrangements by an English local authority for the |
| |
provision of adult social services. |
| 35 |
(3) | The Commission may also undertake or promote studies designed to enable it |
| |
to prepare reports as to the impact of— |
| |
(a) | the operation of any particular statutory provisions, or |
| |
(b) | any directions or guidance given by a Minister of the Crown (whether |
| |
pursuant to any such provisions or otherwise), |
| 40 |
| on economy, efficiency and effectiveness in an activity mentioned in |
| |
subsection (2)(c) or (d). |
| |
(4) | The Commission must undertake or promote a study falling within subsection |
| |
(1) or (3) if the Secretary of State so requests. |
| |
(5) | The reference in subsection (1) to an English NHS body does not include a |
| 45 |
reference to a Special Health Authority. |
| |
| |
| |
|
