OpenLegislation

Explanatory note

(This note is not part of the Regulations)

Section 46 of the Health and Social Care Act 2008 (“the 2008 Act”) imposes a duty on the Care Quality Commission (“the CQC”) to conduct reviews and performance assessments of the carrying on by prescribed registered service providers of such regulated activities as may be prescribed and to publish reports of such assessments. These Regulations prescribe the registered service providers and regulated activities for those purposes.

Regulation 2 prescribes all registered service providers and all regulated activities except those activities set out in the table.

Regulation 3 requires the Secretary of State to review these Regulations and lay a report before Parliament within 18 months after they come into force and within every five years after that. Following the review it will fall to the Secretary of State to consider whether the Regulations should remain as they are or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.

Regulation 4 revokes the Care Quality Commission (Reviews and Performance Assessments) Regulations 2014 (S.I. 2014/1788) in respect of new reviews and performance assessments, but saves its application in respect of reviews and performance assessments commenced by the CQC before commencement of these Regulations.

An impact assessment has not been prepared for this instrument as no significant impact on the private or voluntary sectors is foreseen.