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Health and Social Care Act 2008

Interaction with other authorities

Section 68: Avoidance of unreasonable burdens in exercise of regulatory powers

256.Section 68 allows the Secretary of State to publish guidance about the steps that the Commission and other prescribed regulatory bodies may take to avoid imposing unreasonable burdens on health and social care organisations when carrying out inspections, or collecting information.

257.This guidance may cover co-operation between regulatory bodies, and the sharing of information between them. It might, for example, advise regulatory bodies how to make use of information that has already been collected, rather than making a direct request for this information to the health and social care organisations concerned.

258.The guidance will apply to the Commission and other prescribed regulatory authorities that have functions relating to the provision of health or social care. They will be obliged to take the guidance into account when carrying out inspections or requiring information. The section makes it clear that any guidance does not limit the scope of a regulatory authority’s powers, or affect a person’s obligation to comply with any requirement.

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