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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

10

 

21      

Code of practice relating to health care associated infections

(1)   

The Secretary of State may issue a code of practice about compliance with any

requirements of regulations under section 20 which relate to the prevention or

control of health care associated infections.

(2)   

The code may—

5

(a)   

operate by reference to provisions of other documents specified in it

(whether published by the Secretary of State or otherwise);

(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.

10

(3)   

The Secretary of State must keep the code under review and may from time to

time—

(a)   

revise the whole or any part of the code, and

(b)   

issue a revised code.

22      

Consultation etc. in relation to code of practice under s. 21

15

(1)   

Where the Secretary of State proposes to issue a code of practice under section

21, the Secretary of State must—

(a)   

prepare a draft of the code, and

(b)   

consult such persons as the Secretary of State considers appropriate

about the draft.

20

(2)   

Where the Secretary of State proposes to issue under section 21 a revised code

which in the opinion of the Secretary of State would result in a substantial

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

25

about the change.

(3)   

Where, following consultation under subsection (1) or (2), the Secretary of State

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.

30

(4)   

Where—

(a)   

any document by reference to whose provisions the code operates as

mentioned in section 21(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,

35

(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

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.

40

(5)   

Where—

(a)   

any document by reference to whose provisions the code operates as

mentioned in section 21(2)(a) and (b) is not one to which subsection

(4)(a) of this section applies,

(b)   

the document is revised, and

45

 
 

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

11

 

(c)   

in the opinion of the Secretary of State, the revision results in a

substantial change in the code,

   

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.

5

(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

undertaken after that time.

23      

Guidance as to compliance with requirements

(1)   

The Commission must issue guidance about compliance with the requirements

10

of regulations under section 20, 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

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

(3)   

The guidance may—

15

(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

reference to that document as revised from time to time;

(c)   

make different provision for different cases or circumstances.

20

(4)   

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

section and issue the revised guidance.

24      

Consultation in relation to guidance under s. 23

(1)   

Where the Commission proposes to issue guidance under section 23, it must—

(a)   

prepare a draft of the guidance, and

25

(b)   

consult such persons as the Commission considers appropriate about

the draft.

(2)   

Where the Commission proposes to issue under section 23 revised guidance

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

Commission must—

30

(a)   

prepare a draft of the revised guidance, and

(b)   

consult such persons as the Commission considers appropriate about

the change.

(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

35

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

time when it is issued by the Commission.

(4)   

Where—

(a)   

any document by reference to whose provisions the guidance operates

as mentioned in section 23(3)(a) and (b) is a document published by the

40

Commission,

(b)   

the Commission proposes to revise the document, and

(c)   

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

substantial change in the guidance,

 
 

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

12

 

   

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

as mentioned in section 23(3)(a) and (b) is not one to which subsection

5

(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,

   

the Commission must consult such persons as the Commission considers

10

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

undertaken after that time.

15

25      

Effect of code under s. 21 and guidance under s. 23

(1)   

A code of practice under section 21 and guidance under section 23 are to be

taken into account—

(a)   

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

(b)   

in any proceedings for the making of an order under section 30;

20

(c)   

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

(d)   

in any proceedings for an offence under section 33 or under regulations

under section 20.

(2)   

A code of practice under section 21 or guidance under section 23 is also

admissible in evidence in other criminal or civil proceedings.

25

(3)   

A failure to observe any provision of a code of practice under section 21 or

guidance under section 23 does not of itself make a person liable to any

criminal or civil proceedings.

Registration procedure

26      

Notice of proposals

30

(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

a registered manager condition required by section 13(1), it must give the

35

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.

(4)   

Except where it makes an application under section 30 or gives notice under

40

section 31, 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—

 
 

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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(a)   

to cancel the registration (otherwise than by virtue of section 17(2) or in

accordance with an application under section 19(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 19(1)(a)) any condition for the time being in force in

5

relation to the registration, or

(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 19(1)(a), (b) or (c).

(6)   

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

10

proposal.

27      

Right to make representations

(1)   

A notice under section 26 must state that within 28 days of service of the notice

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

Commission concerning any matter which that person wishes to dispute.

15

(2)   

Where a notice has been served under section 26, 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,

(b)   

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

20

does not intend to make such representations, or

(c)   

the period during which any such person could have made

representations has elapsed.

28      

Notice of decisions

(1)   

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

25

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

13(1) or agreed in writing between the Commission and the applicant,

   

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

30

(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 26, it must give notice in writing of its decision to any

person to whom it was required by section 26 to give notice of the proposal.

35

(4)   

A notice under subsection (3) must—

(a)   

explain the right of appeal conferred by section 32,

(b)   

in the case of a decision to adopt a proposal under section 26(2), state

the conditions subject to which the application is granted,

(c)   

in the case of a decision to adopt a proposal under section 26(4)(b), state

40

the period (or extended period) of suspension, and

(d)   

in the case of a decision to adopt a proposal under section 26(4)(c) or

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

the case may be) the additional condition imposed.

 
 

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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(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

5

(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 26(2) or (4) takes effect—

(a)   

at the end of the period of 28 days referred to in section 32(2), or

(b)   

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

10

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

applicant’s notification.

15

29      

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

registered person a warning notice.

20

(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

(c)   

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

25

(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

with the relevant requirements.

30

(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

specified time.

35

(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.

(5)   

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

40

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

specified, and

45

(b)   

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

 
 

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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(7)   

In this section “relevant requirements” means—

(a)   

any requirements or conditions imposed by or under this Chapter or

Chapter 6, and

(b)   

the requirements of any other enactment which appears to the

Commission to be relevant.

5

30      

Urgent procedure for cancellation

(1)   

If—

(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

10

(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,

   

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

15

without notice having been given to the registered person.

(3)   

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

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,

20

(b)   

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

Trust or National Health Service trust, to such Strategic Health

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

25

(d)   

to such other persons as the Commission considers appropriate.

(4)   

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

(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—

30

(a)   

a copy of the order, and

(b)   

notice of the right of appeal conferred by section 32.

31      

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

35

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

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—

40

(a)   

a decision under section 12(5) or 15(5) to vary or remove a condition for

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

additional condition;

(b)   

a decision under section 18 to suspend the registration or extend a

period of suspension.

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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

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(3)   

The notice must—

(a)   

state that it is given under this section,

(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

5

extended period) of suspension, and

(d)   

explain the right of appeal conferred by section 32.

32      

Appeals to the Tribunal

(1)   

An appeal against—

(a)   

any decision of the Commission under this Chapter, other than a

10

decision to give a warning notice under section 29, or

(b)   

an order made by a justice of the peace under section 30,

lies to the Tribunal.

(2)   

No appeal against a decision or order may be brought by a person more than

28 days after service on the person of notice of the decision or order.

15

(3)   

On an appeal against a decision of the Commission, other than a decision to

which a notice under section 31 relates, the Tribunal may confirm the decision

or direct that it is not to have effect.

(4)   

On an appeal against an order made by a justice of the peace the Tribunal may

confirm the order or direct that it is to cease to have effect.

20

(5)   

On an appeal against a decision to which a notice under section 31 relates, the

Tribunal may confirm the decision or direct that it is to cease to have effect.

(6)   

On an appeal against a decision or order, the Tribunal also has power—

(a)   

to vary any discretionary condition for the time being in force in respect

of the regulated activity to which the appeal relates,

25

(b)   

to direct that any such discretionary condition is to cease to have effect,

(c)   

to direct that any such discretionary condition as the Tribunal thinks fit

shall have effect in respect of the regulated activity, or

(d)   

to vary the period of any suspension.

(7)   

In this section—

30

“discretionary condition”, in relation to registration under this Chapter,

means any condition other than a registered manager condition

required by section 13(1);

“the Tribunal” means the tribunal established by section 9 of the

Protection of Children Act 1999 (c. 14).

35

Offences

33      

Failure to comply with conditions

A person who—

(a)   

is registered under this Chapter in respect of a regulated activity

(whether as a service provider or manager), and

40

(b)   

fails, without reasonable excuse, to comply with any condition for the

time being in force by virtue of this Chapter in relation to the

registration,

 
 

 
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