The Care Quality Commission (Additional Functions) Regulations 2011
S.I. 2011/1551 · Made 19 June 2011 · Extends to England and Wales
National Health Service, England
Made 19th June 2011
Laid before Parliament 24th June 2011
Coming into force 1st August 2011
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 59(1) and 161(3) of the Health and Social Care Act 2008f1.
Annotations to the whole text
Footnotes
- f1
-
2008 c.14. See the definition of “regulations” in section 97(1).
Contents
- 1Citation, commencement and interpretation
- 2Review of decision to withhold an item delivered or brought to a high security hospital for a patient
- 3Review of decision to withhold internal post in high security hospitals
- 4Review of decisions to record and monitor telephone calls in high security hospitals
- 4AProvision of training, guidance and support to bodies and individuals
- 5Revocation
- Signature
- Explanatory note
1Citation, commencement and interpretationI1
These Regulations may be cited as the Care Quality Commission (Additional Functions) Regulations 2011 and shall come into force on 1st August 2011.
In these Regulations, “the 2019 Directions” means the High Security Psychiatric Services (Arrangements for Safety and Security) Directions 2019.
2Review of decision to withhold an item delivered or brought to a high security hospital for a patientI1
The Care Quality Commission shall review a decision made under F1direction 21(3) of the 2019 Directions (items delivered or brought to hospital premises for patients) to withhold an item if an application to review that decision is made by the intended recipient of the item within six months beginning with the day on which that person receives the information set out in F2direction 21(4)(c) of those Directions.
On an application under paragraph (1) the Care Quality Commission may direct that the item which is the subject of the application shall not be withheld.
3Review of decision to withhold internal post in high security hospitalsI1
The Care Quality Commission shall review a decision made under direction 27(3) of F1the F22019 Directions (internal post) to withhold internal post, or an item included in such post, if an application to review that decision is made by the sender or the intended recipient of the post or item within six months beginning with the day on which that person receives the information set out in direction 27(4)(b) of those Directions.
On an application under paragraph (1) the Care Quality Commission may direct that the post or item which is the subject of the application shall not be withheld.
4Review of decisions to record and monitor telephone calls in high security hospitalsI1
The Care Quality Commission shall review a decision made in accordance with F1direction 33(5) of the 2019 Directions (monitoring telephone calls) that a patient’s telephone calls will be monitored and recorded if an application to review that decision is made by the patient within six months beginning with the day on which that person receives the information set out in F2direction 33(6)(b) of those Directions.
4AProvision of training, guidance and support to bodies and individualsF1
The Commission has the function of providing training, guidance and support to the following in connection with the matters referred to in paragraph (2)—
bodies which exercise functions in connection with relevant activities (“relevant bodies”); and
individuals employed or appointed, or formerly employed or appointed, by relevant bodies.
The matters mentioned in paragraph (1) are the raising or making, by those individuals, of concerns, or suggestions for improvements, including the handling of such concerns or suggestions, in relation to the exercise of functions in connection with relevant activities by relevant bodies by which those individuals are, or were formerly, employed or appointed.
In this regulation—
“bodies” means bodies of persons corporate or unincorporated;
“employed” is to be construed in accordance with regulation 2(1) of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014;
“relevant activities” means the provision of NHS care or the carrying on of regulated activities involving or connected with the provision of health care.
5RevocationI1
The Care Quality Commission (Additional Functions) Regulations 2009f1 are revoked.
Signature
Signed by authority of the Secretary of State for Health.
Paul Burstow
Minister of State,
Department of Health
19th June 2011
Explanatory note
(This note is not part of the Regulations)
These Regulations give the Care Quality Commission additional functions, namely a duty upon application to review a decision made pursuant to the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011 to:
withhold an item delivered or brought to a high security hospital for a patient;
withhold internal post sent by a patient in a high security hospital to another patient in the same hospital or a member of staff in that hospital; or
monitor and record a telephone conversation made by a patient in such a hospital.
Regulation 5 revokes the Care Quality Commission (Additional Functions) Regulations 2009 (S.I. 2009/410): the Regulations being revoked conferred similar additional functions in relation to decisions made pursuant to the Safety and Security in Ashworth, Broadmoor and Rampton Hospitals Directions 2000, which were themselves revoked and replaced by the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.