Health and Social Care Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 5 — Further functions
26

51
Publication of results of studies under s. 50
(1)
The Commission must publish—
(a)
any recommendations made by it under subsection (1) of section 50,
and
(b)
the result of any studies undertaken or promoted under that section.
5
(2)
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 under subsection (1)
of any recommendations or the result of any studies.
52
Role of Audit Commission
10
(1)
Subsection (2) applies to any function of the Commission under section 50 or
51 so far as relating to health care or English NHS bodies, except the function
of being consulted under section 51(2).
(2)
A function to which this subsection applies may be exercised on the
Commission’s behalf by the Audit Commission, if the Audit Commission and
15
the Commission so agree.
(3)
Where the Audit Commission exercises functions under subsection (2), it must
do so on such terms, including terms as to payment, as the Commission and
the Audit Commission may agree.
(4)
The Commission and the Audit Commission may exercise jointly their
20
respective functions under—
(a)
section 50 (and section 56 in its application to functions under that
section) so far as relating to English local authorities, and
(b)
sections 33 and 34 of the Audit Commission Act 1998 (c. 18).
(5)
The Commission and the Audit Commission must have regard to any
25
guidance issued by the Secretary of State as to which of the Commission and
the Audit Commission should promote or undertake studies which could be
promoted or undertaken by either of them.
(6)
Subsection (4) is not to be taken to prejudice any other power of the
Commission and the Audit Commission to act jointly.
30
(7)
In this section “the Audit Commission” means the Audit Commission for Local
Authorities and the National Health Service in England.
53
Reviews of data, studies and research
(1)
The Commission may review—
(a)
studies and research undertaken by others, or the quality of data
35
obtained by others, in relation to the provision of NHS care or adult
social services or the carrying on of regulated activities,
(b)
the methods used in undertaking such studies and research or in
collecting and analysing such data, and
(c)
the validity of conclusions drawn from such studies and research or
40
from such data.
(2)
The Commission must conduct a review under subsection (1) if the Secretary
of State so requests.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
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(3)
If the Commission conducts a review under this section it must publish a
report.
54
Publication of information
(1)
The Commission may make available to the public information relating to—
(a)
the provision of NHS care;
5
(b)
the provision of adult social services;
(c)
the carrying on of regulated activities.
(2)
Subsection (1) is subject to sections 72 and 75(2).
55
Additional functions
(1)
The Secretary of State may by regulations provide that the Commission is to
10
have such additional functions as may be specified in the regulations in
relation to any of the following—
(a)
the provision of NHS care;
(b)
the exercise in respect of England of functions by cross-border Special
Health Authorities;
15
(c)
the improvement of—
(i)
economy, efficiency and effectiveness in the exercise of the
functions of English NHS bodies, and
(ii)
the financial or other management, or operations, of English
NHS bodies;
20
(d)
the provision of adult social services;
(e)
the carrying on of regulated activities;
(f)
the exercise of powers or the discharge of duties conferred or imposed
by the Mental Health Act 1983 (c. 20) as mentioned in section 120(1) of
that Act.
25
(2)
The Secretary of State must consult the Independent Regulator of NHS
Foundation Trusts before making provision under subsection (1) in relation to
NHS foundation trusts.
Chapter 6
Miscellaneous and General
30
Inspections
56
Inspections
(1)
The Commission may for the purposes of its regulatory functions carry out
inspections of—
(a)
the carrying on of a regulated activity,
35
(b)
the provision of NHS care,
(c)
the provision of adult social services, or
(d)
the exercise of functions by an English NHS body.
(2)
For the purposes of this Part, the “regulatory functions” of the Commission are
its functions under Chapters 2, 3 and 5 except—
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Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
28

(a)
its functions under section 49 (information and advice),
(b)
its functions under section 53 (reviews of data, studies and research),
and
(c)
its functions under regulations under section 55 (additional functions)
to the extent that the regulations provide that they are not to be treated
5
as regulatory functions for the purposes of this Part.
57
Inspections carried out for registration purposes
(1)
Regulations may prescribe—
(a)
the frequency with which inspections are to be carried out under
section 56 for the purposes of the Commission’s functions under
10
Chapter 2,
(b)
the manner in which they are to be carried out, and
(c)
the type of person who may be authorised by the Commission to
conduct them on its behalf.
(2)
Where an inspection is carried out under section 56 for the purposes of the
15
Commission’s functions under Chapter 2, the Commission must—
(a)
prepare a report on the matters inspected, and
(b)
without delay send a copy of the report to—
(i)
the person who carries on the regulated activity in question,
and
20
(ii)
if a person is registered under that Chapter as a manager in
respect of the activity, that person.
(3)
The Commission may publish a report prepared under subsection (2).
(4)
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
25
representations to the Commission before the publication of such a report.
Powers of entry etc.
58
Entry and inspection
(1)
The power in subsection (2) is exercisable if the Commission considers it
necessary or expedient for the purposes of any of its regulatory functions.
30
(2)
A person authorised by the Commission may enter and inspect any premises
which are, or which the person reasonably believes to be, regulated premises.
(3)
Premises are “regulated premises” if they fall within one or more of the
following descriptions—
(a)
they are used for the carrying on of a regulated activity,
35
(b)
they are owned or controlled by an English NHS body or English local
authority, or
(c)
they are used or proposed to be used for or in connection with—
(i)
the provision of NHS care,
(ii)
the exercise of any functions of an English NHS body, or
40
(iii)
the provision of adult social services.

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
29

(4)
If NHS care or an adult social service is provided to a person in premises used
wholly or mainly as a private dwelling, the premises are not to be regarded as
used for or in connection with the provision of that care or service.
(5)
A person who proposes to exercise the power conferred by subsection (2) must
if so required produce some duly authenticated document showing the
5
person’s authority to exercise the power.
(6)
“Premises” includes a vehicle.
59
Entry and inspection: supplementary
(1)
This section applies where a person (“A”) is authorised by virtue of section 58
to enter and inspect premises.
10
(2)
If A considers it necessary or expedient for relevant purposes, A may—
(a)
make any examination into the state and management of the premises
or the treatment of persons receiving care there,
(b)
inspect and take copies of any documents or records,
(c)
have access to, and check the operation of, any computer, and any
15
associated apparatus or material, which is or has been in use in
connection with any documents or records,
(d)
inspect any other item,
(e)
seize and remove from the premises any documents, records or other
items,
20
(f)
interview in private—
(i)
any person who carries on or manages a regulated activity, or
who manages the provision of NHS care or adult social services,
at the premises,
(ii)
any person working at the premises, and
25
(iii)
any person receiving care at the premises who consents to be
interviewed, and
(g)
if the conditions in subsection (3) are met, examine in private any
person receiving care at the premises.
(3)
The conditions are—
30
(a)
A is a registered medical practitioner or registered nurse,
(b)
A has reason to believe that the person to be examined is not receiving
proper care at the premises, and
(c)
the person to be examined—
(i)
is capable of giving consent to the examination and does so, or
35
(ii)
is incapable of giving consent to the examination.
(4)
The power under subsection (2)(b) includes power—
(a)
to require any person holding or accountable for documents or records
(whether or not kept at the premises) to produce them for inspection at
the premises, and
40
(b)
to require any records which are kept by means of a computer to be
produced in a form in which they are legible and can be taken away.
(5)
The power under subsection (2)(f)(i) to interview a person in private includes
power, in the case of a body corporate, to interview in private—
(a)
any director, manager, secretary or other similar officer of the body
45
corporate, and

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
30

(b)
where the body is an English NHS body or English local authority, any
officer or member of the NHS body or local authority.
(6)
A may—
(a)
require any person to afford A such facilities and assistance with
respect to matters within the person’s control as are necessary to enable
5
A to exercise powers under section 58 and this section, and
(b)
take such measurements and photographs, and make such recordings,
as A considers necessary to enable A to exercise those powers.
(7)
A person who without reasonable excuse—
(a)
obstructs the exercise of a power conferred by section 58 or this section,
10
or
(b)
fails to comply with a requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding
level 4 on the standard scale.
(8)
In this section—
15
(a)
“relevant purposes” means the purposes of any of the Commission’s
regulatory functions,
(b)
any reference to documents or records includes a reference to personal
and medical records, and
(c)
any reference to a person receiving care at premises includes a
20
reference to a person who is accommodated there.
60
Power to require documents and information etc.
(1)
The Commission may require any person mentioned in subsection (2) to
provide it with any information, documents, records (including personal and
medical records) or other items which the Commission considers it necessary
25
or expedient to have for the purposes of any of its regulatory functions.
(2)
The persons are—
(a)
an English NHS body,
(b)
a person providing health care pursuant to arrangements made by a
Primary Care Trust,
30
(c)
an English local authority,
(d)
a person providing adult social services pursuant to arrangements
made by an English local authority, or
(e)
a person who carries on or manages a regulated activity.
(3)
The power in subsection (1) to require the provision of information, documents
35
or records includes, in relation to information, documents or records kept by
means of a computer, power to require the provision of the information,
documents or records in legible form.
(4)
A person who without reasonable excuse fails to comply with a requirement
imposed under this section is guilty of an offence and liable on summary
40
conviction to a fine not exceeding level 4 on the standard scale.
61
Power to require explanation
(1)
The Secretary of State may by regulations make provision requiring prescribed
persons to provide an explanation of any relevant matter to the Commission,
or to persons authorised by the Commission, in circumstances where the
45

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
31

Commission considers the explanation necessary or expedient for the purposes
of any of its regulatory functions.
(2)
“Relevant matter” means—
(a)
any documents, records or other items inspected, copied or provided
under sections 58 to 60,
5
(b)
any information provided under those sections,
(c)
any documents, records, other items or information otherwise
provided to the Commission by any person for the purposes of the
Commission’s regulatory functions, or
(d)
any matters which are the subject of the exercise of any such functions.
10
(3)
Regulations under subsection (1) may require explanations to be provided at
such times and places as may be specified by the Commission.
(4)
A person who without reasonable excuse fails to comply with a requirement
imposed by virtue of this section is guilty of an offence and liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
15
Interaction with other authorities
62
Interaction with other authorities
Schedule 4 (interaction with other authorities) has effect.
63
Co-ordination of reviews or assessments
The Commission must promote the effective co-ordination of reviews or
20
assessments carried out by public bodies or other persons in relation to the
carrying on of regulated activities.
64
Avoidance of unreasonable burdens in exercise of regulatory powers
(1)
The Secretary of State may publish guidance about steps which regulatory
authorities may take in exercising relevant powers with a view to avoiding the
25
imposition of unreasonable burdens on those in respect of whom the powers
are exercisable.
(2)
“Regulatory authorities” means—
(a)
the Commission, and
(b)
such other bodies as may be prescribed.
30
(3)
A body may not be prescribed under subsection (2)(b) unless it has functions
relating to the provision of health or social care.
(4)
“Relevant powers” means powers conferred by or under an enactment to—
(a)
carry out inspections, or
(b)
require the provision of information,
35

but, in relation to a body prescribed under subsection (2)(b), such powers are
“relevant powers” only so far as they are exercisable in respect of a person in
respect of whom the Commission has relevant powers.
(5)
The steps mentioned in subsection (1) might include for example—
(a)
co-operating with other regulatory authorities and co-ordinating the
40
exercise of relevant powers,

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 6 — Miscellaneous and General
32

(b)
sharing information or the results of inspections, and
(c)
seeking to obtain information from other sources before exercising a
relevant power to require the provision of that information.
(6)
In exercising relevant powers, regulatory authorities must have regard to any
guidance published under subsection (1).
5
(7)
Nothing in this section is intended to limit the scope of a relevant power or
affect a person’s obligation to comply with a requirement imposed in the
exercise of such a power.
(8)
In this section—
(a)
“inspections” includes inspections of persons, premises or the carrying
10
on of activities,
(b)
a reference to a power to carry out inspections includes a reference to
any power which is ancillary to that power (such as a power to enter
premises or to require assistance), and
(c)
a reference to a power to require the provision of information includes
15
a reference to a power to require the production of documents, records
or other items, a power to require the making of reports and a power to
require explanations.
65
Co-operation between the Commission and Welsh Ministers
(1)
The Commission and the Welsh Ministers must co-operate with each other for
20
the efficient and effective discharge of their corresponding functions.
(2)
Their corresponding functions are—
(a)
the Commission’s functions, and
(b)
any functions of the Welsh Ministers exercisable in or in relation to
Wales which correspond or are similar to any of the Commission’s
25
functions.
66
Co-operation between the Commission and the Independent Regulator of
NHS Foundation Trusts
(1)
The Commission and the Independent Regulator of NHS Foundation Trusts
must co-operate with each other in the exercise of their respective functions.
30
(2)
In particular—
(a)
the Commission must keep the Independent Regulator informed about
the provision of health care by NHS foundation trusts, and
(b)
the Independent Regulator must give the Commission any information
the Independent Regulator has about the provision of health care by an
35
NHS foundation trust which the Independent Regulator or the
Commission considers would assist the Commission in the exercise of
the Commission’s functions.
(3)
Without prejudice to subsection (2)(a) the Commission must, on request,
provide the Independent Regulator with any material relevant to—
40
(a)
a review under section 42 or 45,
(b)
a review or investigation under section 44, or
(c)
a study promoted, or undertaken, by the Commission under section 50,

so far as the material relates to the provision of health care by an NHS
foundation trust.
45