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 2 — Registration in respect of provision of health or social care
5

10
Applications for registration as a manager
(1)
A person seeking to be registered under this Chapter as a manager in respect
of a regulated activity in respect of which a registered manager condition has,
or is to have, effect must make an application to the Commission.
(2)
The application must be made in such form, and contain or be accompanied by
5
such information, as the Commission requires.
(3)
In such cases as the Commission may determine, a person seeking to be
registered as a manager in respect of two or more regulated activities carried
on by a person registered as a service provider may make a single application
in respect of them.
10
11
Grant or refusal of registration as a manager
(1)
Subsections (2) to (4) apply where an application under section 10 has been
made in accordance with the provisions of this Chapter with respect to a
regulated activity in respect of which a person is registered under this Chapter
as a service provider and in respect of which a registered manager condition
15
has effect.
(2)
If the Commission is satisfied that—
(a)
the requirements of regulations under section 16, and
(b)
the requirements of any other enactment which appears to the
Commission to be relevant,
20

are being and will continue to be complied with (so far as applicable) in
relation to the carrying on of the regulated activity, it must grant the
application; otherwise it must refuse it.
(3)
The application may be granted either unconditionally or subject to such
conditions as the Commission thinks fit.
25
(4)
On granting the application, the Commission must issue a certificate of
registration to the applicant.
(5)
The Commission may at any time—
(a)
vary or remove any condition for the time being in force in relation to a
person’s registration as a manager, or
30
(b)
impose any additional condition.
Further provision about registration as a service provider or manager
12
Regulations about registration
Regulations may make provision for the purposes of this Chapter about—
(a)
the keeping by the Commission of registers,
35
(b)
the making of applications for registration as a service provider or
manager,
(c)
the registration of persons as service providers or managers, and
(d)
the notification by registered persons to the Commission of an address
for service of documents.
40

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
6

13
Cancellation of registration
(1)
The Commission may at any time cancel the registration of a person (“R”)
under this Chapter as a service provider or manager in respect of a regulated
activity—
(a)
on the ground that R has been convicted of, or admitted, a relevant
5
offence;
(b)
on the ground that any other person has been convicted of any relevant
offence in relation to the regulated activity;
(c)
on the ground that the regulated activity is being, or has at any time
been, carried on otherwise than in accordance with the relevant
10
requirements;
(d)
on the ground that R has failed to comply with a requirement imposed
by or under Chapter 6;
(e)
on any ground specified by regulations.
(2)
For the purposes of this section, the following are relevant offences—
15
(a)
a Part 1 offence,
(b)
an offence under the Registered Homes Act 1984 (c. 23) or regulations
made under it,
(c)
an offence under Part 2 of the Care Standards Act 2000 (c. 14) or
regulations made under it, and
20
(d)
such other offences as may be prescribed.
(3)
In this section “relevant requirements” means—
(a)
any requirements or conditions imposed by or under this Chapter, and
(b)
the requirements of any other enactment which appears to the
Commission to be relevant.
25
14
Suspension of registration
(1)
The Commission may at any time suspend a person’s registration under this
Chapter as a service provider or manager for a specified period.
(2)
Except where the Commission gives notice under section 27, the power
conferred by subsection (1) is exercisable only on the ground that—
30
(a)
the regulated activity is being, or has at any time been, carried on
otherwise than in accordance with the relevant requirements, or
(b)
the person has failed to comply with a requirement imposed by or
under Chapter 6.
(3)
The suspension of a person’s registration does not affect the continuation of the
35
registration (but see sections 30 and 32 as to offences).
(4)
A period of suspension may be extended under subsection (1) on one or more
occasions.
(5)
In this section “relevant requirements” has the same meaning as in section 13.
15
Applications by registered persons
40
(1)
Except in case A or B, a person registered under this Chapter as a service
provider or manager (“R”) may apply to the Commission—

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
7

(a)
for the variation or removal of any condition for the time being in force
in relation to the registration, other than a registered manager
condition required by section 9(1),
(b)
for the cancellation of the registration, or
(c)
for the cancellation of, or the variation of the period of, any suspension
5
of the registration.
(2)
Case A is where—
(a)
the Commission has given R notice under section 22(4)(a) of a proposal
to cancel the registration, and
(b)
the Commission has not decided not to take that step.
10
(3)
Case B is where—
(a)
the Commission has given R notice under section 24(3) of its decision to
cancel the registration, and
(b)
either the time within which an appeal may be brought has not expired
or, if an appeal has been brought, it has not yet been determined.
15
(4)
An application under subsection (1) must be made in such form, and contain
or be accompanied by such information, as the Commission requires.
(5)
If the Commission decides to grant an application under subsection (1)(a), it
must serve notice in writing of its decision on the applicant (stating, where
applicable, the condition as varied) and issue a new certificate of registration.
20
(6)
If the Commission decides to grant an application under subsection (1)(c), it
must serve notice in writing of its decision on the applicant (stating, where
applicable, the period as varied).
Regulation, code of practice and guidance
16
Regulation of regulated activities
25
(1)
Regulations may impose in relation to regulated activities any requirements
which the Secretary of State thinks fit for the purposes of this Chapter.
(2)
Regulations under this section may in particular make provision with a view
to—
(a)
securing that any service provided in the carrying on of a regulated
30
activity is of appropriate quality, and
(b)
securing the health, safety and welfare of persons for whom any such
service is provided.
(3)
Regulations under this section may in particular—
(a)
make provision as to the persons who are fit to carry on or manage a
35
regulated activity;
(b)
make provision as to the manner in which a regulated activity is carried
on;
(c)
make provision as to the persons who are fit to work for the purpose of
the carrying on of a regulated activity;
40
(d)
make provision as to the management and training of persons who
work for the purpose of the carrying on of a regulated activity;
(e)
make provision as to the fitness of premises;
(f)
impose requirements as to the keeping of records and accounts;

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
8

(g)
impose requirements as to the provision of information;
(h)
impose requirements as to the financial position of a person registered
as a service provider;
(i)
impose requirements as to the making available to the public of
information as to any charges made for the provision of any services
5
provided in the carrying on of a regulated activity;
(j)
impose requirements as to the review of the quality of any services
provided in the carrying on of a regulated activity, as to the preparation
of reports of such reviews, and as to the making available to the public
of such reports;
10
(k)
make provision as to the handling of complaints and disputes.
(4)
Regulations made under this section by virtue of subsection (3)(b) may in
particular include provision as to the control and restraint, in appropriate
cases, of persons receiving health or social care or other services in connection
with the carrying on of a regulated activity.
15
(5)
Regulations made under this section may make provision for the prevention
and control of health care associated infections and may include such
provision as the Secretary of State considers appropriate for the purpose of
safeguarding individuals (whether receiving health or social care or otherwise)
from the risk, or any increased risk, of being exposed to health care associated
20
infections or of being made susceptible, or more susceptible, to them.
(6)
In this Chapter “health care associated infection” means any infection to which
an individual may be exposed or made susceptible (or more susceptible) in
circumstances where—
(a)
health or social care is being, or has been, provided to that or any other
25
individual, and
(b)
the risk of exposure to the infection, or of susceptibility (or increased
susceptibility) to it, is directly or indirectly attributable to the provision
of that care.
(7)
But “health care associated infection” does not include an infection to which
30
the individual is deliberately exposed as part of any health care.
(8)
Before making regulations under this section, except regulations which amend
other regulations under this section and do not, in the opinion of the Secretary
of State, effect any substantial change in the provision made by those
regulations, the Secretary of State must consult such persons as the Secretary
35
of State considers appropriate.
(9)
Consultation undertaken by the Secretary of State before the commencement
of this section is as effective for the purposes of this section as consultation
undertaken after that time.
17
Code of practice relating to health care associated infections
40
(1)
The Secretary of State may issue a code of practice about compliance with any
requirements of regulations under section 16 which relate to the prevention or
control of health care associated infections.
(2)
The code may—
(a)
operate by reference to provisions of other documents specified in it
45
(whether published by the Secretary of State or otherwise);

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 2 — Registration in respect of provision of health or social care
9

(b)
provide for any reference in it to such a document to take effect as a
reference to that document as revised from time to time;
(c)
make different provision for different cases or circumstances.
(3)
The Secretary of State must keep the code under review and may from time to
time—
5
(a)
revise the whole or any part of the code, and
(b)
issue a revised code.
18
Consultation etc. in relation to code of practice under s. 17
(1)
Where the Secretary of State proposes to issue a code of practice under section
17, the Secretary of State must—
10
(a)
prepare a draft of the code, and
(b)
consult such persons as the Secretary of State considers appropriate
about the draft.
(2)
Where the Secretary of State proposes to issue under section 17 a revised code
which in the opinion of the Secretary of State would result in a substantial
15
change in the code, the Secretary of State must—
(a)
prepare a draft of the revised code, and
(b)
consult such persons as the Secretary of State considers appropriate
about the change.
(3)
Where, following consultation under subsection (1) or (2), the Secretary of State
20
issues the code or revised code (whether in the form of the draft or with such
modifications as the Secretary of State thinks fit), it comes into force at the time
when it is issued by the Secretary of State.
(4)
Where—
(a)
any document by reference to whose provisions the code operates as
25
mentioned in section 17(2)(a) and (b) is a document published by the
Secretary of State in connection with the Secretary of State’s functions
relating to health or social care,
(b)
the Secretary of State proposes to revise the document, and
(c)
in the opinion of the Secretary of State, the revision would result in a
30
substantial change in the code,

the Secretary of State must, before revising the document, consult such persons
as the Secretary of State considers appropriate about the change.
(5)
Where—
(a)
any document by reference to whose provisions the code operates as
35
mentioned in section 17(2)(a) and (b) is not one to which subsection
(4)(a) of this section applies,
(b)
the document is revised, and
(c)
in the opinion of the Secretary of State, the revision results in a
substantial change in the code,
40

the Secretary of State must consult such persons as the Secretary of State
considers appropriate about whether the code should be revised in connection
with the change.
(6)
Consultation undertaken by the Secretary of State before the commencement
of this section is as effective for the purposes of this section as consultation
45
undertaken after that time.