Health and Social Care Act 2008 - Legislation.gov.uk

1 Health and Social care Act 2008 CHAPTER 14 CONTENTSPART 1 THE care QUALITY COMMISSIONCHAPTER 1 INTRODUCTORY1 The care Quality Commission2 The Commission s functions3 The Commission s objectives4 Matters to which the Commission must have regard5 Statement on user involvement6 Transfers of property, rights and liabilities7 Meaning of Health and Social care services in Chapter 1 CHAPTER 2 REGISTRATION IN RESPECT OF PROVISION OF Health OR Social CAREI ntroductory8 Regulated activity 9 Health or Social care Registration of persons carrying on regulated activities10 Requirement to register as a service provider11 Applications for registration as a service provider12 Grant or refusal of registration as a service providerHealth and Social care Act 2008 (c.)

2 14)iiRegistration of managers13 Condition requiring registered manager14 Applications for registration as a manager15 Grant or refusal of registration as a managerFurther provision about registration as a service provider or manager16 Regulations about registration17 Cancellation of registration18 Suspension of registration19 Applications by registered personsRegulation, code of practice and guidance20 Regulation of regulated activities21 Code of practice relating to Health care associated infections22 Consultation etc. in relation to code of practice under s. 2123 Guidance as to compliance with requirements24 Consultation in relation to guidance under s. 2325 Effect of code under s.

3 21 and guidance under s. 23 Registration procedure26 Notice of proposals27 Right to make representations28 Notice of decisions29 Warning notice30 Urgent procedure for cancellation31 Urgent procedure for suspension, variation to the TribunalOffences33 Failure to comply with conditions34 Offences relating to suspension or cancellation of registration35 Contravention of regulations36 False description of concerns, premises statements in applicationsInformation to be available to public38 Provision of copies of registersMiscellaneous39 Bodies required to be notified of certain matters40 Periodic returns41 Liquidators of registered personPower to modify provisions of Chapter43 Power to modify Chapter in relation to newly regulated activitiesHealth and Social care Act 2008 (c.)

4 14)iiiInterpretation44 Interpretation of Chapter 2 CHAPTER 3 QUALITY OF Health AND Social CAREH ealth care standards45 Standards set by Secretary of StateReviews and investigations46 Periodic reviews47 Frequency and period of review48 Special reviews and investigations49 Power to extend periodic review function50 Failings by English local authorities51 Failings by Welsh NHS bodiesCHAPTER 4 FUNCTIONS UNDER MENTAL Health ACT 198352 Transfer and amendment of functions under Mental Health Act 1983 CHAPTER 5 FURTHER FUNCTIONS53 Information and advice54 Studies as to economy, efficiency of results of studies under s. 5456 Role of Audit Commission57 Reviews of data, studies and research58 Publication of information59 Additional functionsCHAPTER 6 MISCELLANEOUS AND GENERALI nspections60 Inspections61 Inspections carried out for registration purposesPowers of entry and inspection63 Entry and inspection: supplementary64 Power to require documents and information to require explanationHealth and Social care Act 2008 (c.

5 14)ivInteraction with other authorities66 Interaction with other authorities67Co-ordination of reviews or assessments68 Avoidance of unreasonable burdens in exercise of regulatory powers69Co-operation between the Commission and Welsh Ministers70Co-operation between the Commission and the Independent Regulator ofNHS Foundation Trusts71 Provision of information by Auditor General for Wales72 Provision of material to the Comptroller and Auditor General73 Arrangements with Ministers74 Arrangements with Northern Ireland MinistersInquiries75 InquiriesInformation76 Disclosure of confidential personal information: offence77 Defence78 Use of information disclosures80 Code of practice on confidential personal informationFurther provisions about functions of Commission81 Publication of programme of reviews by the Commission in discharge of its functions83 Reports for each financial year and informationFees85 FeesEnforcement86 Penalty notices87 Penalty notices.

6 Supplementary provision88 Guidance by the Commission in relation to enforcement action89 Publication of information relating to enforcement action for offences91 Offences by bodies corporate92 Unincorporated associationsService of documents93 Service of documents94 Electronic communicationsFurther amendments95 Further amendments relating to Part 1 Health and Social care Act 2008 (c. 14)vCrown application96 Application of Part 1 to CrownInterpretation97 General interpretation of Part 1 PART 2 REGULATION OF Health PROFESSIONS AND Health AND Social care WORKFORCEThe Office of the Health Professions Adjudicator98 The Office of the Health Professions Adjudicator99 Functions under Medical Act 1983 and Opticians Act 1989100 Fitness to practise panels101 Lists of persons eligible for membership of fitness to practise panels102 Further provisions about listed persons103 Legal assessors104 Clinical and other specialist advisers105 Procedural rules106 Administration of oaths and issuing of witness summonses to inform the public108 Duty to consult109

7 OHPA rules: supplementary110 Fees payable by General Medical Council and General Optical CouncilAmendments of Part 3 of Health Act 1999111 Extension of powers under s. 60 of Health Act 1999112 Standard of proof in fitness to practise proceedingsThe Council for Healthcare Regulatory Excellence113 The Council for Healthcare Regulatory Excellence114 Constitution etc. of Council115 Powers and duties of Council116 Powers of Secretary of State and devolved administrations117 Duty to inform and consult the public118 Reference of cases by Council to courtConduct and performance of medical practitioners and other Health care workers119 Responsible officers and their duties relating to medical profession120 Additional responsibilities of responsible officers: England and Wales andNorthern Ireland121Co-operation between prescribed bodies122Ss.

8 120 and 121: Crown applicationHearing Aid Council123 Dissolution of Hearing Aid CouncilHealth and Social care Act 2008 (c. 14)viRegulation of Social care workforce124 Regulation of Social care workers125 Standard of proof in proceedings relating to registration of Social care workerApproved mental Health professionals126 Education and training of approved mental Health professionalsGeneral127 Further amendments relating to Part 2128 Interpretation of Part 2 PART 3 PUBLIC Health PROTECTION129 Public Health protection130 Further amendments relating to public Health protectionPART 4 Health IN PREGNANCY GRANTE ngland, Wales and Scotland131 Entitlement: Great Britain132 Administration: Great Britain133 Penalty: Great BritainNorthern Ireland134 Entitlement.

9 Northern Ireland135 Administration: Northern Ireland136 Penalty: Northern Ireland137 Northern Ireland: Health in pregnancy grant to be excepted matterGeneral and supplementary138 General and supplementaryPART 5 MISCELLANEOUSA mendments relating to National Health Service139 Duty of Primary care Trusts140 Pharmaceutical services141 Remuneration for persons providing pharmaceutical services142 Indemnity schemes in connection with provision of Health servicesHealth and Social care Act 2008 (c. 14)viiWeighing and measuring of children143 Weighing and measuring of children: England144 Weighing and measuring of children: WalesSocial care145 Human Rights Act 1998: provision of certain Social care to be public function146 Direct payments in lieu of provision of care services147 Abolition of maintenance liability of relatives148 Ordinary residence for certain purposes of National Assistance Act 1948 assistance related to provision of Health or Social care services149 Power of Secretary of State to give financial assistance150 Qualifying bodies151 Forms of assistance under s.

10 149152 Terms on which assistance under s. 149 is given153 Directions to certain NHS bodies154 Arrangements with other third parties155 Power to form company156 Interpretation of group of sectionsNational Information Governance Board for Health and Social Care157 National Information Governance Board for Health and Social Care158 Duty to consult Board in relation to regulations about patient informationFunctions of Health Protection Agency in relation to biological substances159 Functions of Health Protection Agency in relation to biological substancesFurther amendments160 Minor and consequential amendments relating to Part 5 PART 6 GENERAL161 Orders, regulations and directions.