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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

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19      

Guidance as to compliance with requirements

(1)   

The Commission must issue guidance about compliance with the requirements

of regulations under section 16, other than requirements which relate to the

prevention or control of health care associated infections.

(2)   

The guidance may, if the Commission thinks fit, also relate to compliance for

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the purposes of this Chapter with the requirements of any other enactments.

(3)   

The guidance may—

(a)   

operate by reference to provisions of other documents specified in it

(whether published by the Commission or otherwise);

(b)   

provide for any reference in it to such a document to take effect as a

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reference to that document as revised from time to time;

(c)   

make different provision for different cases or circumstances.

(4)   

The Commission may from time to time revise guidance issued by it under this

section and issue the revised guidance.

20      

Consultation in relation to guidance under s. 19

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(1)   

Where the Commission proposes to issue guidance under section 19, it must—

(a)   

prepare a draft of the guidance, and

(b)   

consult such persons as the Commission considers appropriate about

the draft.

(2)   

Where the Commission proposes to issue under section 19 revised guidance

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which in its opinion would result in a substantial change in the guidance, the

Commission must—

(a)   

prepare a draft of the revised guidance, and

(b)   

consult such persons as the Commission considers appropriate about

the change.

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(3)   

Where, following consultation under subsection (1) or (2), the Commission

issues the guidance or revised guidance (whether in the form of the draft or

with such modifications as the Commission thinks fit), it comes into force at the

time when it is issued by the Commission.

(4)   

Where—

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(a)   

any document by reference to whose provisions the guidance operates

as mentioned in section 19(3)(a) and (b) is a document published by the

Commission,

(b)   

the Commission proposes to revise the document, and

(c)   

in the opinion of the Commission, the revision would result in a

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substantial change in the guidance,

   

the Commission must, before revising the document, consult such persons as

the Commission considers appropriate about the change.

(5)   

Where—

(a)   

any document by reference to whose provisions the guidance operates

40

as mentioned in section 19(3)(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 Commission, the revision results in a substantial

change in the guidance,

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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

11

 

   

the Commission must consult such persons as the Commission considers

appropriate about whether the guidance should be revised in connection with

the change.

(6)   

Consultation undertaken by the Commission before the commencement of this

section is as effective for the purposes of this section as consultation

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undertaken after that time.

21      

Effect of code under s. 17 and guidance under s. 19

(1)   

A code of practice under section 17 and guidance under section 19 are to be

taken into account—

(a)   

in the making of any decision by the Commission under this Chapter;

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(b)   

in any proceedings for the making of an order under section 26;

(c)   

in any proceedings on an appeal against such a decision or order;

(d)   

in any proceedings for an offence under section 29 or under regulations

under section 16.

(2)   

A code of practice under section 17 or guidance under section 19 is also

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admissible in evidence in other criminal or civil proceedings.

(3)   

A failure to observe any provision of a code of practice under section 17 or

guidance under section 19 does not of itself make a person liable to any

criminal or civil proceedings.

Registration procedure

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22      

Notice of proposals

(1)   

Subsections (2) and (3) apply where a person applies for registration as a

service provider or manager in respect of a regulated activity.

(2)   

If the Commission proposes to grant the application subject to any condition

which has not been agreed in writing between it and the applicant, other than

25

a registered manager condition required by section 9(1), it must give the

applicant notice in writing of its proposal and of the conditions subject to

which it proposes to grant the application.

(3)   

The Commission must give the applicant notice in writing of a proposal to

refuse the application.

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(4)   

Except where it makes an application under section 26 or gives notice under

section 27, the Commission must give any person registered as a service

provider or manager in respect of a regulated activity notice in writing of a

proposal—

(a)   

to cancel the registration (otherwise than in accordance with an

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application under section 15(1)(b)),

(b)   

to suspend the registration or extend a period of suspension,

(c)   

to vary or remove (otherwise than in accordance with an application

under section 15(1)(a)) any condition for the time being in force in

relation to the registration, or

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(d)   

to impose in relation to the registration any additional condition.

(5)   

The Commission must give the applicant notice in writing of a proposal to

refuse an application under section 15(1)(a), (b) or (c).

 
 

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

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(6)   

A notice under this section must give the Commission’s reasons for its

proposal.

23      

Right to make representations

(1)   

A notice under section 22 must state that within 28 days of service of the notice

any person on whom it was served may make written representations to the

5

Commission concerning any matter which that person wishes to dispute.

(2)   

Where a notice has been served under section 22, the Commission must not

determine any matter to which the notice relates until either—

(a)   

any person on whom the notice was served has made written

representations to it concerning the matter,

10

(b)   

any such person has notified the Commission in writing that the person

does not intend to make such representations, or

(c)   

the period during which any such person could have made

representations has elapsed.

24      

Notice of decisions

15

(1)   

If the Commission decides to grant an application for registration as a service

provider or manager in respect of a regulated activity—

(a)   

unconditionally, or

(b)   

subject only to conditions each of which is either required by section

9(1) or agreed in writing between the Commission and the applicant,

20

   

it must give the applicant notice in writing of the decision.

(2)   

A notice under subsection (1) must state the conditions subject to which

registration is granted.

(3)   

If the Commission decides to adopt a proposal of which it was required to give

notice under section 22, it must give notice in writing of its decision to any

25

person to whom it was required by section 22 to give notice of the proposal.

(4)   

A notice under subsection (3) must—

(a)   

explain the right of appeal conferred by section 28,

(b)   

in the case of a decision to adopt a proposal under section 22(2), state

the conditions subject to which the application is granted,

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(c)   

in the case of a decision to adopt a proposal under section 22(4)(b), state

the period (or extended period) of suspension, and

(d)   

in the case of a decision to adopt a proposal under section 22(4)(c) or

(d), state the condition as varied, the condition which is removed or (as

the case may be) the additional condition imposed.

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(5)   

Where a person (“M”) is registered as a manager in respect of a regulated

activity, the Commission must—

(a)   

give M a copy of any notice given under subsection (3) to the person

(“S”) registered as a service provider in respect of the regulated activity,

and

40

(b)   

give S a copy of any such notice given under that subsection to M.

(6)   

Subject to subsection (7), a decision of the Commission to adopt a proposal

under section 22(2) or (4) takes effect—

(a)   

at the end of the period of 28 days referred to in section 28(2), or

 
 

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

13

 

(b)   

if an appeal is brought, on the determination or abandonment of the

appeal.

(7)   

Where the applicant notifies the Commission in writing before the end of the

period mentioned in subsection (6)(a) that the applicant does not intend to

appeal, the decision is to take effect when the Commission receives the

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applicant’s notification.

25      

Warning notice

(1)   

If it appears to the Commission that a person who is registered under this

Chapter as a service provider or manager in respect of a regulated activity has

failed to comply with the relevant requirements, the Commission may give the

10

registered person a warning notice.

(2)   

A warning notice is a notice in writing—

(a)   

specifying the conduct which appears to the Commission to constitute

a failure to comply with the relevant requirements,

(b)   

specifying the requirement concerned, and

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(c)   

where it appears to the Commission that the failure is continuing—

(i)   

requiring the registered person to comply with the requirement

concerned within a specified time, and

(ii)   

stating that, if the registered person fails to do so within that

time, the Commission may take action to secure compliance

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with the relevant requirements.

(3)   

Subsections (4) and (5) apply where—

(a)   

a warning notice has been given to any person, and

(b)   

where any failure to comply with a requirement is specified under

subsection (2)(c), the requirement has been complied with within the

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specified time.

(4)   

The failure to which the notice relates, so far as occurring before the relevant

time, is not to constitute a ground for the cancellation or suspension of

registration, the variation of the conditions of registration, the removal of a

condition or the imposition of any additional condition.

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(5)   

No proceedings may be brought against any person registered in respect of the

regulated activity for a Part 1 offence that arises out of the failure to which the

notice relates, so far as occurring before the relevant time.

(6)   

In subsections (4) and (5) “the relevant time” means—

(a)   

where a time is specified under subsection (2)(c)(i), the time so

35

specified, and

(b)   

in any other case, the date on which the notice was given.

(7)   

In this section “relevant requirements” means—

(a)   

any requirements or conditions imposed by or under this Chapter or

Chapter 6, and

40

(b)   

the requirements of any other enactment which appears to the

Commission to be relevant.

26      

Urgent procedure for cancellation

(1)   

If—

 
 

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

14

 

(a)   

the Commission applies to a justice of the peace for an order cancelling

the registration of a person as a service provider or manager in respect

of a regulated activity, and

(b)   

it appears to the justice that, unless the order is made, there will be a

serious risk to a person’s life, health or well-being,

5

   

the justice may make the order, and the cancellation has effect from the time

when the order is made.

(2)   

An application under subsection (1) may, if the justice thinks fit, be made

without notice having been given to the registered person.

(3)   

As soon as practicable after the making of an application under this section, the

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Commission must give notice of the application—

(a)   

to such Primary Care Trust or English local authority as may be

determined in accordance with regulations,

(b)   

where the person registered as a service provider is a Primary Care

Trust or National Health Service trust, to such Strategic Health

15

Authority as may be so determined,

(c)   

where the person registered as a service provider is an NHS foundation

trust, to the Independent Regulator of NHS Foundation Trusts, and

(d)   

to such other persons as the Commission considers appropriate.

(4)   

An order under subsection (1) must be in writing.

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(5)   

Where such an order is made, the Commission must, as soon as practicable

after the making of the order, serve on the person registered as a service

provider or manager in respect of the regulated activity—

(a)   

a copy of the order, and

(b)   

notice of the right of appeal conferred by section 28.

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27      

Urgent procedure for variation, suspension etc.

(1)   

If the Commission has reasonable cause to believe that unless it acts under this

section any person will or may be exposed to the risk of harm, the Commission

may, by giving notice in writing under this section to a person registered as a

service provider or manager in respect of a regulated activity, provide for any

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decision of the Commission that is mentioned in subsection (2) to take effect

from the time when the notice is given.

(2)   

Those decisions are—

(a)   

a decision under section 8(5) or 11(5) to vary or remove a condition for

the time being in force in relation to the registration or to impose an

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additional condition;

(b)   

a decision under section 14 to suspend the registration or extend a

period of suspension.

(3)   

The notice must—

(a)   

state that it is given under this section,

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(b)   

state the Commission’s reasons for believing that the circumstances fall

within subsection (1),

(c)   

specify the condition as varied, removed or imposed or the period (or

extended period) of suspension, and

(d)   

explain the right of appeal conferred by section 28.

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