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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

30

 

(4)   

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 of such a report.

Powers of entry etc.

62      

Entry and inspection

5

(1)   

The power in subsection (2) is exercisable if the Commission considers it

necessary or expedient for the purposes of any of its regulatory functions.

(2)   

A person authorised by the Commission may enter and inspect any premises

which are, or which the person reasonably believes to be, regulated premises.

(3)   

Premises are “regulated premises” if they fall within one or more of the

10

following descriptions—

(a)   

they are used for the carrying on of a regulated activity,

(b)   

they are owned or controlled by an English NHS body or English local

authority, or

(c)   

they are used or proposed to be used for or in connection with—

15

(i)   

the provision of NHS care,

(ii)   

the exercise of any functions of an English NHS body, or

(iii)   

the provision of adult social services.

(4)   

If NHS care or an adult social service is provided to a person in premises used

wholly or mainly as a private dwelling, the premises are not to be regarded as

20

used for or in connection with the provision of that care or service.

(5)   

A person who proposes to exercise the power conferred by subsection (2) must

if so required produce some duly authenticated document showing the

person’s authority to exercise the power.

(6)   

“Premises” includes a vehicle.

25

63      

Entry and inspection: supplementary

(1)   

This section applies where a person (“A”) is authorised by virtue of section 62

to enter and inspect premises.

(2)   

If A considers it necessary or expedient for relevant purposes, A may—

(a)   

make any examination into the state and management of the premises

30

or the treatment of persons receiving care there,

(b)   

inspect and take copies of any documents or records,

(c)   

have access to, and check the operation of, any computer, and any

associated apparatus or material, which is or has been in use in

connection with any documents or records,

35

(d)   

inspect any other item,

(e)   

seize and remove from the premises any documents, records or other

items,

(f)   

interview in private—

(i)   

any person who carries on or manages a regulated activity, or

40

who manages the provision of NHS care or adult social services,

at the premises,

(ii)   

any person working at the premises, and

 
 

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

31

 

(iii)   

any person receiving care at the premises who consents to be

interviewed, and

(g)   

if the conditions in subsection (3) are met, examine in private any

person receiving care at the premises.

(3)   

The conditions are—

5

(a)   

A is a registered medical practitioner or registered nurse,

(b)   

A has reason to believe that the person to be examined is not receiving

proper care at the premises, and

(c)   

the person to be examined—

(i)   

is capable of giving consent to the examination and does so, or

10

(ii)   

is incapable of giving consent to the examination.

(4)   

The power under subsection (2)(b) includes power—

(a)   

to require any person holding or accountable for documents or records

(whether or not kept at the premises) to produce them for inspection at

the premises, and

15

(b)   

to require any records which are kept by means of a computer to be

produced in a form in which they are legible and can be taken away.

(5)   

The power under subsection (2)(f)(i) to interview a person in private includes

power, in the case of a body corporate, to interview in private—

(a)   

any director, manager, secretary or other similar officer of the body

20

corporate, and

(b)   

where the body is an English NHS body or English local authority, any

officer or member of the NHS body or local authority.

(6)   

A may—

(a)   

require any person to afford A such facilities and assistance with

25

respect to matters within the person’s control as are necessary to enable

A to exercise powers under section 62 and this section, and

(b)   

take such measurements and photographs, and make such recordings,

as A considers necessary to enable A to exercise those powers.

(7)   

A person who without reasonable excuse—

30

(a)   

obstructs the exercise of a power conferred by section 62 or this section,

or

(b)   

fails to comply with a requirement imposed under this section,

   

is guilty of an offence and liable on summary conviction to a fine not exceeding

level 4 on the standard scale.

35

(8)   

In this section—

(a)   

“relevant purposes” means the purposes of any of the Commission’s

regulatory functions,

(b)   

any reference to documents or records includes a reference to personal

and medical records, and

40

(c)   

any reference to a person receiving care at premises includes a

reference to a person who is accommodated there.

64      

Power to require documents and information etc.

(1)   

The Commission may require any person mentioned in subsection (2) to

provide it with any information, documents, records (including personal and

45

 
 

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

32

 

medical records) or other items which the Commission considers it necessary

or expedient to have for the purposes of any of its regulatory functions.

(2)   

The persons are—

(a)   

an English NHS body,

(b)   

a person providing health care commissioned by a Primary Care Trust,

5

(c)   

an English local authority,

(d)   

a person providing adult social services commissioned by an English

local authority, or

(e)   

a person who carries on or manages a regulated activity.

(3)   

The power in subsection (1) to require the provision of information, documents

10

or records includes, in relation to information, documents or records kept by

means of a computer, power to require the provision of the information,

documents or records in legible form.

(4)   

A person who without reasonable excuse fails to comply with a requirement

imposed under this section is guilty of an offence and liable on summary

15

conviction to a fine not exceeding level 4 on the standard scale.

65      

Power to require explanation

(1)   

The Secretary of State may by regulations make provision requiring prescribed

persons to provide an explanation of any relevant matter to the Commission,

or to persons authorised by the Commission, in circumstances where the

20

Commission considers the explanation necessary or expedient for the purposes

of any of its regulatory functions.

(2)   

“Relevant matter” means—

(a)   

any documents, records or other items inspected, copied or provided

under sections 62 to 64,

25

(b)   

any information provided under those sections,

(c)   

any documents, records, other items or information otherwise

provided to the Commission by any person for the purposes of the

Commission’s regulatory functions, or

(d)   

any matters which are the subject of the exercise of any such functions.

30

(3)   

Regulations under subsection (1) may require explanations to be provided at

such times and places as may be specified by the Commission.

(4)   

A person who without reasonable excuse fails to comply with a requirement

imposed by virtue of this section is guilty of an offence and liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

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Interaction with other authorities

66      

Interaction with other authorities

Schedule 4 (interaction with other authorities) has effect.

67      

Co-ordination of reviews or assessments

The Commission must promote the effective co-ordination of reviews or

40

assessments carried out by public bodies or other persons in relation to the

carrying on of regulated activities.

 
 

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

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68      

Avoidance of unreasonable burdens in exercise of regulatory powers

(1)   

The Secretary of State may publish guidance about steps which regulatory

authorities may take in exercising relevant powers with a view to avoiding the

imposition of unreasonable burdens on those in respect of whom the powers

are exercisable.

5

(2)   

“Regulatory authorities” means—

(a)   

the Commission, and

(b)   

such other bodies as may be prescribed.

(3)   

A body may not be prescribed under subsection (2)(b) unless it has functions

relating to the provision of health or social care.

10

(4)   

“Relevant powers” means powers conferred by or under an enactment to—

(a)   

carry out inspections, or

(b)   

require the provision of information,

   

but, in relation to a body prescribed under subsection (2)(b), such powers are

“relevant powers” only so far as they are exercisable in respect of a person in

15

respect of whom the Commission has relevant powers.

(5)   

The steps mentioned in subsection (1) might include for example—

(a)   

co-operating with other regulatory authorities and co-ordinating the

exercise of relevant powers,

(b)   

sharing information or the results of inspections, and

20

(c)   

seeking to obtain information from other sources before exercising a

relevant power to require the provision of that information.

(6)   

In exercising relevant powers, regulatory authorities must have regard to any

guidance published under subsection (1).

(7)   

Nothing in this section is intended to limit the scope of a relevant power or

25

affect a person’s obligation to comply with a requirement imposed in the

exercise of such a power.

(8)   

In this section—

(a)   

“inspections” includes inspections of persons, premises or the carrying

on of activities,

30

(b)   

a reference to a power to carry out inspections includes a reference to

any power which is ancillary to that power (such as a power to enter

premises or to require assistance), and

(c)   

a reference to a power to require the provision of information includes

a reference to a power to require the production of documents, records

35

or other items, a power to require the making of reports and a power to

require explanations.

69      

Co-operation between the Commission and Welsh Ministers

(1)   

The Commission and the Welsh Ministers must co-operate with each other for

the efficient and effective discharge of their corresponding functions.

40

(2)   

Their corresponding functions are—

(a)   

the Commission’s functions, and

(b)   

any functions of the Welsh Ministers exercisable in or in relation to

Wales which correspond or are similar to any of the Commission’s

functions.

45

 
 

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

34

 

(3)   

The Commission and the Welsh Ministers may share information with each

other for the purposes of subsection (1).

70      

Co-operation between the Commission and the Independent Regulator of

NHS Foundation Trusts

(1)   

The Commission and the Independent Regulator of NHS Foundation Trusts

5

must co-operate with each other in the exercise of their respective functions.

(2)   

In particular—

(a)   

the Commission must keep the Independent Regulator informed about

the provision of health care by NHS foundation trusts, and

(b)   

the Independent Regulator must give the Commission any information

10

the Independent Regulator has about the provision of health care by an

NHS foundation trust which the Independent Regulator or the

Commission considers would assist the Commission in the exercise of

the Commission’s functions.

(3)   

Without prejudice to subsection (2)(a) the Commission must, on request,

15

provide the Independent Regulator with any material relevant to—

(a)   

a review under section 46 or 49,

(b)   

a review or investigation under section 48, or

(c)   

a study promoted, or undertaken, by the Commission under section 54,

   

so far as the material relates to the provision of health care by an NHS

20

foundation trust.

71      

Provision of information by Auditor General for Wales

(1)   

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

any information it may reasonably require for the purpose of making

comparisons, in the exercise of its functions under section 54 so far as relating

25

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

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

72      

Provision of material to the Comptroller and Auditor General

30

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

General with any material relevant to—

(a)   

a review under section 46 or 49 in respect of an English NHS body,

(b)   

a review or investigation under section 48 in respect of such a body, or

(c)   

a study promoted, or undertaken, by the Commission under section 54.

35

73      

Arrangements with Ministers

(1)   

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

Commission to—

(a)   

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

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

40

responsibility;

(b)   

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

in connection with such a scheme.

 
 

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

35

 

(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.

5

(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.

10

74      

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

15

Northern Ireland health service;

(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.

20

(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.

(4)   

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

the Minister on whose behalf the function is exercised.

25

(5)   

In this section—

“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

30

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

(c. 41).

Inquiries

75      

Inquiries

(1)   

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

35

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

(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.

40

 
 

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

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(4)   

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

(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

5

make publication inappropriate.

(6)   

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

appropriate.

Information

76      

Disclosure of confidential personal information: offence

10

(1)   

This section applies to information which—

(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

15

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

(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

20

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

(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

25

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

from a combination of—

(a)   

that information, and

(b)   

other information obtained by the Commission.

(6)   

Reference in this section and in sections 77 to 80 to information obtained or

30

disclosed by the Commission includes information obtained or disclosed by a

person authorised by the Commission.

77      

Defence

(1)   

It is a defence for a person charged with an offence under section 76 to prove

that at the time of the alleged offence—

35

(a)   

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

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

40

whom the information relates is not identified;

(b)   

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

 
 

 
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