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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

23

 

48      

Special reviews and investigations

(1)   

The Commission may conduct any special review or investigation, and must

do so if the Secretary of State so requests.

(2)   

A special review or investigation is a review (other than a periodic review) of

or an investigation into—

5

(a)   

the provision of NHS care,

(b)   

the provision of adult social services, or

(c)   

the exercise of functions by English Health Authorities.

(3)   

Such a review or investigation may relate—

(a)   

to the overall provision of NHS care or adult social services or to the

10

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;

(c)   

to the provision of care or services or the exercise of functions by bodies

15

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 Commission must consider whether the report raises anything on which it

ought to give advice to the Secretary of State under section 53(2).

20

(6)   

If the review or investigation gives rise to a duty to act under section 50(2) or

(3) in respect of an English local authority, subsection (5) does not apply in

relation to so much of the report as relates to that local authority.

(7)   

The Secretary of State may, after consulting the Commission, by regulations

make provision as to the procedure to be followed in respect of the making of

25

representations to the Commission before the publication of a report under

subsection (4).

(8)   

In this section “English Health Authority” means—

(a)   

a Strategic Health Authority, or

(b)   

a Special Health Authority performing functions only or mainly in

30

respect of England.

49      

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

35

(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

40

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;

 
 

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

24

 

(c)   

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

(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

5

already subject to periodic review under section 46, but

(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

10

reviews, the following provisions have effect in relation to the reviews as they

have effect in relation to reviews under section 46

(a)   

section 46(4) to (9), and

(b)   

section 47.

(5)   

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

15

Chapter 2 as a service provider.

50      

Failings by English local authorities

(1)   

This section applies where the Commission conducts a review under section 46

or 49, or a review or investigation under section 48, in respect of an English

local authority.

20

(2)   

If the Commission considers that the local authority is failing to discharge any

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

25

State should take.

(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—

30

(a)   

the respects in which the Commission considers that the local authority

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

35

taken.

(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 48 in relation to the authority,

40

and

(b)   

include in its report under subsection (4) of that section a report on such

matters as the Secretary of State may specify.

 
 

Health and Social Care Bill
Part 1 — The Care Quality Commission
Chapter 4 — Functions under Mental Health Act 1983

25

 

51      

Failings by Welsh NHS bodies

(1)   

Following a review under section 46 or 49, or a review or investigation under

section 48, the Commission must inform the Welsh Ministers if it considers

that—

(a)   

there are significant failings in relation to the provision of health care

5

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

an individual, providing health care pursuant to arrangements made

by a Welsh NHS body.

10

(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

NHS body concerned;

(b)   

in a case falling within subsection (1)(c), in relation to the body or

15

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

Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

Chapter 4

20

Functions under Mental Health Act 1983

52      

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

Commission—

25

(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),

(d)   

section 61(3) (power to disapply Part 4 certificates),

30

(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,

(h)   

section 119(1) (power to make provision for payment to practitioners

35

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

members or employees of the Commission.

40

(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.

 
 

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

26

 

(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

5

functions of the Commission and the Welsh Ministers) has effect.

Chapter 5

Further functions

53      

Information and advice

(1)   

The Commission must keep the Secretary of State informed about the

10

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

15

anything connected with those matters.

(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 20 (regulation of regulated activities),

(b)   

a code of practice under section 21 (code of practice relating to health

20

care associated infections), or

(c)   

a statement of standards under section 45 (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

25

mentioned in subsection (1) as may be specified in the request.

(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

30

care by or pursuant to arrangements made by that body;

(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.

35

54      

Studies as to economy, efficiency etc.

(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),

40

(b)   

for improving the management, other than the financial management,

of an English NHS body, or

 
 

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

27

 

(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,

(b)   

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

5

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.

(3)   

The Commission may also undertake or promote studies designed to enable it

10

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),

   

on economy, efficiency and effectiveness in an activity mentioned in

15

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

reference to a Special Health Authority.

20

55      

Publication of results of studies under s. 54

(1)   

The Commission must publish—

(a)   

any recommendations made by it under subsection (1) of section 54,

and

(b)   

the result of any studies undertaken or promoted under that section.

25

(2)   

The Secretary of State may, after consulting the Commission, by regulations

make provision as to the procedure to be followed in respect of the making of

representations to the Commission before the publication under subsection (1)

of any recommendations or the result of any studies.

56      

Role of Audit Commission

30

(1)   

Subsection (2) applies to any function of the Commission under section 54 or

55 so far as relating to health care or English NHS bodies, except the function

of being consulted under section 55(2).

(2)   

A function to which this subsection applies may be exercised on the

Commission’s behalf by the Audit Commission, if the Audit Commission and

35

the Commission so agree.

(3)   

Where the Audit Commission exercises functions under subsection (2), it must

do so on such terms, including terms as to payment, as the Commission and

the Audit Commission may agree.

(4)   

The Commission and the Audit Commission may exercise jointly their

40

respective functions under—

(a)   

section 54 (and section 60 in its application to functions under that

section) so far as relating to English local authorities, and

(b)   

sections 33 and 34 of the Audit Commission Act 1998 (c. 18).

 
 

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

28

 

(5)   

The Commission and the Audit Commission must have regard to any

guidance issued by the Secretary of State as to which of the Commission and

the Audit Commission should promote or undertake studies which could be

promoted or undertaken by either of them.

(6)   

Subsection (4) is not to be taken to prejudice any other power of the

5

Commission and the Audit Commission to act jointly.

(7)   

In this section “the Audit Commission” means the Audit Commission for Local

Authorities and the National Health Service in England.

57      

Reviews of data, studies and research

(1)   

The Commission may review—

10

(a)   

studies and research undertaken by others, or the quality of data

obtained by others, in relation to the provision of NHS care or adult

social services or the carrying on of regulated activities,

(b)   

the methods used in undertaking such studies and research or in

collecting and analysing such data, and

15

(c)   

the validity of conclusions drawn from such studies and research or

from such data.

(2)   

The Commission must conduct a review under subsection (1) if the Secretary

of State so requests.

(3)   

If the Commission conducts a review under this section it must publish a

20

report.

58      

Publication of information

(1)   

The Commission may make available to the public information relating to—

(a)   

the provision of NHS care;

(b)   

the provision of adult social services;

25

(c)   

the carrying on of regulated activities.

(2)   

Subsection (1) is subject to sections 76 and 79(2).

59      

Additional functions

(1)   

The Secretary of State may by regulations provide that the Commission is to

have such additional functions as may be specified in the regulations in

30

relation to any of the following—

(a)   

the provision of NHS care;

(b)   

the exercise in respect of England of functions by cross-border Special

Health Authorities;

(c)   

the improvement of—

35

(i)   

economy, efficiency and effectiveness in the exercise of the

functions of English NHS bodies, and

(ii)   

the financial or other management, or operations, of English

NHS bodies;

(d)   

the provision of adult social services;

40

(e)   

the carrying on of regulated activities;

 
 

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

29

 

(f)   

the exercise of powers or the discharge of duties conferred or imposed

by the Mental Health Act 1983 (c. 20) as mentioned in section 120(1) of

that Act.

(2)   

The Secretary of State must consult the Independent Regulator of NHS

Foundation Trusts before making provision under subsection (1) in relation to

5

NHS foundation trusts.

Chapter 6

Miscellaneous and General

Inspections

60      

Inspections

10

(1)   

The Commission may for the purposes of its regulatory functions carry out

inspections of—

(a)   

the carrying on of a regulated activity,

(b)   

the provision of NHS care,

(c)   

the provision of adult social services, or

15

(d)   

the exercise of functions by an English NHS body.

(2)   

For the purposes of this Part, the “regulatory functions” of the Commission are

its functions under Chapters 2, 3 and 5 except—

(a)   

its functions under section 53 (information and advice),

(b)   

its functions under section 57 (reviews of data, studies and research),

20

and

(c)   

its functions under regulations under section 59 (additional functions)

to the extent that the regulations provide that they are not to be treated

as regulatory functions for the purposes of this Part.

61      

Inspections carried out for registration purposes

25

(1)   

Regulations may prescribe—

(a)   

the frequency with which inspections are to be carried out under

section 60 for the purposes of the Commission’s functions under

Chapter 2,

(b)   

the manner in which they are to be carried out, and

30

(c)   

the type of person who may be authorised by the Commission to

conduct them on its behalf.

(2)   

Where an inspection is carried out under section 60 for the purposes of the

Commission’s functions under Chapter 2, the Commission must—

(a)   

prepare a report on the matters inspected, and

35

(b)   

without delay send a copy of the report to—

(i)   

the person who carries on the regulated activity in question,

and

(ii)   

if a person is registered under that Chapter as a manager in

respect of the activity, that person.

40

(3)   

The Commission must publish a report prepared under subsection (2).

 
 

 
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