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Health and Social Care Bill


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

33

 

(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.

67      

Provision of information by Auditor General for Wales

(1)   

The Auditor General for Wales must, on request, provide the Commission with

5

any information it may reasonably require for the purpose of making

comparisons, in the exercise of its functions under section 50 so far as relating

to health care or English NHS bodies, between English NHS bodies and Welsh

NHS bodies.

(2)   

In this section “Welsh NHS body” has the same meaning as in Part 3 of the

10

Public Audit (Wales) Act 2004 (c. 23).

68      

Provision of material to the Comptroller and Auditor General

The Commission must, on request, provide the Comptroller and Auditor

General with any material relevant to—

(a)   

a review under section 42 or 45 in respect of an English NHS body,

15

(b)   

a review or investigation under section 44 in respect of such a body, or

(c)   

a study promoted, or undertaken, by the Commission under section 50.

69      

Arrangements with Ministers

(1)   

The Commission and a Minister of the Crown may make arrangements for the

Commission to—

20

(a)   

perform any of its functions in relation to a prescribed health scheme,

or a prescribed social care scheme, for which the Minister has

responsibility;

(b)   

provide services or facilities insofar as they are required by the Minister

in connection with such a scheme.

25

(2)   

Arrangements under this section may be made on such terms and conditions

as may be agreed between the parties to the arrangements.

(3)   

Those terms and conditions may include provision with respect to the making

of payments to the Commission in respect of the cost to it of giving effect to the

arrangements.

30

(4)   

In this section—

“health scheme” means a scheme which appears to the Secretary of State

to be a health or medical scheme paid for out of public funds;

“social care scheme” means a scheme which appears to the Secretary of

State to be a social care scheme paid for out of public funds.

35

70      

Arrangements with Northern Ireland Ministers

(1)   

The Commission and a Northern Ireland Minister may make arrangements for

the Commission to—

(a)   

exercise on behalf of the Minister any function of the Minister which

corresponds to a function of the Commission and relates to the

40

Northern Ireland health service;

 
 

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

34

 

(b)   

provide services or facilities insofar as they are required by the Minister

in connection with the exercise by the Minister of any such functions.

(2)   

Arrangements under this section may be made on such terms and conditions

as may be agreed between the parties to the arrangements.

(3)   

Those terms and conditions may include provision with respect to the making

5

of payments to the Commission in respect of the cost to it of giving effect to the

arrangements.

(4)   

Any arrangements under subsection (1)(a) are not to affect the responsibility of

the Minister on whose behalf the function is exercised.

(5)   

In this section—

10

“Northern Ireland Minister” includes the First Minister, the deputy First

Minister and a Northern Ireland department;

“Northern Ireland health service” means any of the health services under

any enactment which extends to Northern Ireland and which

corresponds to section 1(1) of the National Health Service Act 2006

15

(c. 41).

Inquiries

71      

Inquiries

(1)   

The Secretary of State may cause an inquiry to be held into any matter

connected with the exercise by the Commission of any of its functions.

20

(2)   

Before an inquiry is begun, the Secretary of State may give a direction that it be

held in private.

(3)   

Where no such direction has been given, the person holding the inquiry may

decide to hold it, or any part of it, in private.

(4)   

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (c. 70)

25

(powers in relation to local inquiries) apply in relation to an inquiry under this

section as they apply in relation to a local inquiry under that section.

(5)   

The report of the person holding the inquiry is to be published, unless the

Secretary of State considers that there are exceptional circumstances which

make publication inappropriate.

30

(6)   

Publication is to be in such manner as the Secretary of State considers

appropriate.

Information

72      

Disclosure of confidential personal information: offence

(1)   

This section applies to information which—

35

(a)   

has been obtained by the Commission on terms or in circumstances

requiring it to be held in confidence, and

(b)   

relates to and identifies an individual.

(2)   

A person is guilty of an offence if the person knowingly or recklessly discloses

information to which this section applies during the lifetime of the individual.

40

 
 

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

35

 

(3)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding 12

months, or to a fine not exceeding the statutory maximum, or to both;

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

two years, or to a fine, or to both.

5

(4)   

In relation to an offence committed before the commencement of section 154(1)

of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) to 12

months is to be read as a reference to 6 months.

(5)   

For the purposes of subsection (1)(b), information obtained by the Commission

is to be treated as identifying an individual if the individual can be identified

10

from a combination of—

(a)   

that information, and

(b)   

other information obtained by the Commission.

(6)   

Reference in this section and in sections 73 to 76 to information obtained or

disclosed by the Commission includes information obtained or disclosed by a

15

person authorised by the Commission.

73      

Defence

(1)   

It is a defence for a person charged with an offence under section 72 to prove

that at the time of the alleged offence—

(a)   

any of the circumstances in subsection (2) applied in relation to the

20

disclosure, or

(b)   

the person reasonably believed that any of them so applied.

(2)   

The circumstances are—

(a)   

that the disclosure was made in a form in which the individual to

whom the information relates is not identified;

25

(b)   

that the disclosure was made with the consent of that individual;

(c)   

that the information disclosed had previously been lawfully disclosed

to the public;

(d)   

that the disclosure was made under or pursuant to regulations under

section 113 or 114 of the Health and Social Care (Community Health

30

and Standards) Act 2003 (c. 43) (complaints about health care or social

services);

(e)   

that the disclosure was made in accordance with any enactment or

court order;

(f)   

that the disclosure was necessary or expedient for the purposes of

35

protecting the welfare of any individual;

(g)   

that the disclosure was made to any person or body in circumstances

where it was necessary or expedient for the person or body to have the

information for the purpose of exercising functions of that person or

body under any enactment.

40

(3)   

It is also a defence for a person charged with an offence under section 72 to

prove that the disclosure was made—

(a)   

for the purpose of facilitating the exercise of any of the Commission’s

functions,

(b)   

in connection with the investigation of a criminal offence (whether or

45

not in the United Kingdom), or

 
 

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

36

 

(c)   

for the purpose of criminal proceedings (whether or not in the United

Kingdom).

(4)   

If a person charged with an offence under section 72 relies on a defence in

subsection (1) or (3), and evidence is adduced which is sufficient to raise an

issue with respect to that defence, the court must assume that the defence is

5

satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(5)   

For the purposes of subsection (2)(a), information disclosed by a person is to be

treated as being in a form in which an individual is identified if the individual

can be identified from a combination of—

(a)   

the information, and

10

(b)   

other information disclosed by the person or by the Commission.

74      

Use of information etc.

Information obtained by, or documents or records produced to, the

Commission in connection with any of its functions may be used by the

Commission in connection with any of its other functions.

15

75      

Permitted disclosures

(1)   

Subsections (2) and (3) apply to any information obtained by the Commission

in the course of exercising any of its functions.

(2)   

In the case of information relating to an individual, the Commission may

disclose the information if—

20

(a)   

the disclosure is made in a form in which the individual is not

identified, or

(b)   

the disclosure is made with the consent of the individual.

(3)   

In all cases (whether or not relating to an individual), the Commission may

disclose the information if—

25

(a)   

the information has previously been lawfully disclosed to the public,

(b)   

the disclosure is made under or pursuant to regulations under section

113 or 114 of the Health and Social Care (Community Health and

Standards) Act 2003 (c. 43) (complaints about health care or social

services),

30

(c)   

the disclosure is made in accordance with any enactment or court

order,

(d)   

the disclosure is necessary or expedient for the purposes of protecting

the welfare of any individual,

(e)   

the disclosure is made to any person or body in circumstances where it

35

is necessary or expedient for the person or body to have the information

for the purpose of exercising functions of that person or body under

any enactment,

(f)   

the disclosure is made for the purpose of facilitating the exercise of any

of the Commission’s functions,

40

(g)   

the disclosure is made in connection with the investigation of a criminal

offence (whether or not in the United Kingdom), or

(h)   

the disclosure is made for the purpose of criminal proceedings

(whether or not in the United Kingdom).

 
 

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

37

 

(4)   

Subsections (2) and (3) have effect notwithstanding any rule of common law

which would otherwise prohibit or restrict the disclosure.

(5)   

For the purposes of subsection (2)(a), information disclosed by the

Commission is to be treated as being in a form in which an individual is

identified if the individual can be identified from a combination of—

5

(a)   

the information, and

(b)   

other information disclosed by the Commission.

76      

Code of practice on confidential personal information

(1)   

The Commission must prepare and publish a code in respect of the practice it

proposes to follow in relation to confidential personal information.

10

(2)   

The code must in particular make provision—

(a)   

about the obtaining by the Commission of information which, once

obtained, will be confidential personal information, and

(b)   

about the handling, use and disclosure by the Commission of

confidential personal information.

15

(3)   

Before publishing the code, the Commission must consult—

(a)   

the National Information Governance Board for Health and Social

Care, and

(b)   

such other persons as it considers appropriate.

(4)   

The Commission must keep the code under review and, if it considers it

20

appropriate, from time to time publish a revised code (and references in this

section to the code include any revised code).

(5)   

In this section “confidential personal information” means information which—

(a)   

is obtained by the Commission on terms or in circumstances requiring

it to be held in confidence, and

25

(b)   

relates to and identifies an individual.

(6)   

For the purposes of subsection (5)(b), information obtained by the Commission

is to be treated as identifying an individual if the individual can be identified

from a combination of—

(a)   

the information, and

30

(b)   

other information obtained by the Commission.

Further provisions about functions of Commission

77      

Publication of programme of reviews etc.

(1)   

The Commission must from time to time, or at such times as the Secretary of

State may specify by order, prepare and publish a document setting out—

35

(a)   

the special reviews and investigations that it proposes to conduct under

section 44,

(b)   

the studies that it proposes to undertake under section 50, and

(c)   

the reviews that it proposes to conduct under section 53.

(2)   

Before preparing a document under subsection (1) the Commission must

40

consult—

(a)   

the Secretary of State, and

 
 

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

38

 

(b)   

any other person or body specified by an order made by the Secretary

of State,

   

and it must send each of those persons or bodies a copy of the document once

it is prepared.

(3)   

The Commission may determine that any document or combination of

5

documents prepared for the purposes of any other enactment or enactments is

to be treated as a document prepared for the purposes of subsection (1) (so long

as the requirements of subsection (2) are complied with in relation to the

document or documents concerned).

(4)   

Nothing in a document published under subsection (1) is to be regarded—

10

(a)   

as affecting any power of the Secretary of State to require a review or

investigation to be conducted or a study to be undertaken, or

(b)   

as preventing the Commission from conducting an investigation under

section 44 where the Commission considers there to be a risk to the

health, safety or welfare of persons receiving health or social care.

15

78      

Failure by the Commission in discharge of its functions

(1)   

The Secretary of State may give a direction to the Commission if the Secretary

of State considers that the Commission—

(a)   

is failing or has failed to discharge any of its functions, or

(b)   

is failing or has failed properly to discharge any of its functions.

20

(2)   

A direction under subsection (1) may direct the Commission to discharge such

of those functions, and in such manner and within such period or periods, as

may be specified in the direction.

(3)   

If the Commission fails to comply with a direction under subsection (1), the

Secretary of State may—

25

(a)   

discharge the functions to which the direction relates, or

(b)   

make arrangements for any other person to discharge them on the

Secretary of State’s behalf.

79      

Reports for each financial year etc.

(1)   

As soon as possible after the end of each financial year, the Commission must

30

make a report on each of the following matters—

(a)   

the way in which it has exercised its functions during the year,

(b)   

the provision of NHS care during the year,

(c)   

the provision of adult social services during the year, and

(d)   

the carrying on of regulated activities during the year.

35

(2)   

The Commission may comply with subsection (1) by preparing a single

document or separate documents on each of the matters mentioned there.

(3)   

If the Secretary of State so directs, a report under subsection (1) must include

separate reports on such aspects of the matters mentioned in that subsection as

may be specified in the direction.

40

(4)   

The Commission must—

(a)   

lay before Parliament a copy of each report made under subsection (1),

and

(b)   

send a copy of each such report to the Secretary of State.

 
 

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

39

 

(5)   

The Commission must also provide the Secretary of State with such reports

and information relating to the exercise of its functions as the Secretary of State

may from time to time request.

(6)   

Subsection (1)(a) does not apply to the Commission’s functions under the

Mental Health Act 1983 (c. 20).

5

(7)   

In this section, “financial year” means—

(a)   

the period beginning with the date on which the Commission is

established and ending with the next 31 March following that date, and

(b)   

each successive period of 12 months ending with 31 March.

80      

Reports and information

10

(1)   

Subsections (2) and (3) apply to a report published by the Commission under

any provision of this Part or of the Mental Health Act 1983.

(2)   

The Commission must make copies of the report available for inspection at its

offices by any person at any reasonable time.

(3)   

Any person who requests a copy of the report is entitled to have one on

15

payment of such reasonable fee (if any) as the Commission considers

appropriate.

(4)   

The Commission may charge a person such reasonable fee as it considers

appropriate where it provides the person, on request, with any other

information relevant to the exercise of the Commission’s functions under this

20

Part.

Fees

81      

Fees

(1)   

The Commission may with the consent of the Secretary of State from time to

time make and publish provision—

25

(a)   

requiring a fee to be paid in respect of—

(i)   

an application for registration as a service provider or manager

under Chapter 2,

(ii)   

the grant or subsistence of any such registration, or

(iii)   

an application under section 15(1);

30

(b)   

requiring English NHS bodies, English local authorities, persons

registered under Chapter 2 and such other persons as may be

prescribed to pay a fee in respect of the exercise by the Commission of

such of its other functions under this Part as may be prescribed.

(2)   

The amount of a fee payable under provision under subsection (1) is to be such

35

as may be specified in, or calculated or determined under, the provision.

(3)   

Provision under subsection (1) may include provision—

(a)   

for different fees to be paid in different cases,

(b)   

for different fees to be paid by persons of different descriptions,

(c)   

for the amount of a fee to be determined by the Commission in

40

accordance with specified factors, and

(d)   

for determining the time by which a fee is to be payable.

 
 

 
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