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Health and Social Care Bill


Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 3 — Quality of health and social care

22

 

(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

description;

(b)   

to the overall exercise of functions or to the exercise of functions of a

particular description;

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

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respect of England.

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

(b)   

either—

(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

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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

providers;

(c)   

the whole of a regulated activity or a particular aspect of it.

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(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

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(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

(b)   

section 43.

(5)   

In this section “registered service provider” means a person registered under

Chapter 2 as a service provider.

45

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 3 — Quality of health and social care

23

 

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

local authority.

(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

State should take.

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

is failing,

(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

taken.

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,

and

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(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

that—

(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

by a Welsh NHS body.

(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

NHS body concerned;

(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).

 
 

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

24

 

Chapter 4

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

Commission—

(a)   

section 57(2)(a) (appointment of registered medical practitioners and

other persons),

(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

etc.), and

(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

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members or employees of the Commission.

(3)   

The functions of the Mental Health Act Commission under the MHA are

transferred—

(a)   

in relation to England, to the Care Quality Commission;

(b)   

in relation to Wales, to the Welsh Ministers.

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(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.

Chapter 5

Further functions

49      

Information and advice

(1)   

The Commission must keep the Secretary of State informed about the

35

following matters—

(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.

 
 

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

25

 

(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

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(c)   

a statement of standards under section 41 (health care standards set by

the Secretary of State).

(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,

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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,

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(b)   

the making of arrangements by a Primary Care Trust for the provision

of health care,

(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.

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(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

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reference to a Special Health Authority.

 
 

 
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