The Care Quality Commission (Specified Organisations etc) Order 2010
S.I. 2010/496 · Made 25 February 2010
National Health Service, England
Social Care, England
Made 25th February 2010
Laid before Parliament 4th March 2010
Coming into force 9th April 2010
The Secretary of State makes the following Order in exercise of the powers conferred by sections 161(3) and (4) of, and paragraphs 6(3), (4) and (6) of Schedule 4 to, the Health and Social Care Act 2008f1.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Specified Organisations
- 3Transitional provision
- 4Excluded inspections
- Signature
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Care Quality Commission (Specified Organisations etc) Order 2010 and shall come into force on 9th April 2010.
In this Order “the 2008 Act” means the Health and Social Care Act 2008.
2Specified Organisations
Subject to paragraph (2), the following persons or bodies are specified as organisations for the purposes of paragraph 6(3) of Schedule 4 to the 2008 Act (inspections by other inspectors of activities within Commission’s remit)—
an English NHS providerf1; and
a person, other than an English NHS provider or an English local authorityf2, who is registered as a service provider under the 2008 Act but only in relation to a regulated activity (within the meaning of Part 1 of the 2008 Act).
The persons and bodies referred to in paragraph (1) are not specified for the purposes of paragraph 6(3) of Schedule 4 to the 2008 Act in relation to the provision of services in—
a prison within the meaning of the Prison Act 1952f3;
a contracted out prison as defined in section 84(4) of the Criminal Justice Act 1991f4;
a young offender institution as defined in section 43(1)(aa) of the Prison Act 1952f5;
a remand centre as defined in section 43(1)(a) of the Prison Act 1952f6;
a removal centre as defined in section 147 of the Immigration and Asylum Act 1999f7; and
a short-term holding facility as defined in section 147 of the Immigration and Asylum Act 1999f8.
3Transitional provision
For the period 9th April 2010 to 30th September 2010, article 2(1) shall be read as if the following were substituted for sub-paragraph (b)—
“(b)a person, other than an English NHS provider or an English local authority, registered with the Care Quality Commission under the Care Standards Act 2000f1 as carrying on an independent hospital, independent clinic, independent medical agency, care home, domiciliary care agency, nurses agency (as defined in that Act) or an adult placement scheme (as defined in the Adult Placement Schemes (England) Regulations 2004)f2.”.
4Excluded inspections
The following cases are those in which a notice may not be given under paragraph 6 of Schedule 4 to the 2008 Act (inspections by other inspectors of activities within Commission’s remit)—
an inspection carried out by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills under section 49 or 60 of the Childcare Act 2006 (inspections)f1; and
a review carried out under section 20 of the Children Act 2004 (joint area reviews)f2.
Signature
Signed by authority of the Secretary of State for Health
Mike O’Brien
Minister of State,
Department of Health
25th February 2010
Explanatory note
(This note is not part of the Order)
Paragraph 6(1) of Schedule 4 to the Health and Social Care Act 2008 (“the 2008 Act”) imposes a duty on the Care Quality Commission to prevent or limit certain proposed inspections of specified organisations where it considers that the inspection would impose an unreasonable burden on the specified organisation, or would do so if carried out in a particular way.
A specified organisation is a person or body specified by order made by the Secretary of State. Article 2 of this Order specifies certain persons and bodies for the purposes of paragraph 6 of Schedule 4 to the 2008 Act.
Some of the bodies specified in article 2 are described by reference to registration as service providers under the 2008 Act. It is not anticipated that this system of registration will be fully in operation until 1st October 2010. Article 3 of this Order sets out transitional provisions for the period from 9th April 2010 to 30th September 2010 which specify the relevant bodies in a way compatible with the system of registration which will continue to apply until 30th September 2010.
Article 4 specifies those cases in which a notice may not be given by the Care Quality Commission under paragraph 6(1) of the 2008 Act.
A short impact assessment of the effect that this instrument will have on the costs and benefits to the Care Quality Commission and the service providers specified is available on the Department of Health website at
www.dh.gov.uk/en/Publicationsandstatistics/Legislation/Regulatoryimpactassessment/DH111389 and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.