Search Legislation

Health and Social Care Act 2008

Status:

This is the original version (as it was originally enacted).

Chapter 1Introductory

1The Care Quality Commission

(1)There is to be a body corporate known as the Care Quality Commission (referred to in this Part as “the Commission”).

(2)The Commission for Healthcare Audit and Inspection, the Commission for Social Care Inspection and the Mental Health Act Commission are dissolved.

(3)Schedule 1 (which makes further provision about the Care Quality Commission) has effect.

2The Commission’s functions

(1)The Commission has the functions conferred on it by or under any enactment.

(2)Those functions include—

(a)registration functions under Chapter 2,

(b)review and investigation functions under Chapter 3, and

(c)functions under the Mental Health Act 1983 (c. 20).

3The Commission’s objectives

(1)The main objective of the Commission in performing its functions is to protect and promote the health, safety and welfare of people who use health and social care services.

(2)The Commission is to perform its functions for the general purpose of encouraging—

(a)the improvement of health and social care services,

(b)the provision of health and social care services in a way that focuses on the needs and experiences of people who use those services, and

(c)the efficient and effective use of resources in the provision of health and social care services.

(3)In this Chapter “health and social care services” means the services to which the Commission’s functions relate.

4Matters to which the Commission must have regard

(1)In performing its functions the Commission must have regard to—

(a)views expressed by or on behalf of members of the public about health and social care services,

(b)experiences of people who use health and social care services and their families and friends,

(c)views expressed by local involvement networks about the provision of health and social care services in their areas,

(d)the need to protect and promote the rights of people who use health and social care services (including, in particular, the rights of children, of persons detained under the Mental Health Act 1983, of persons who are deprived of their liberty in accordance with the Mental Capacity Act 2005 (c. 9), and of other vulnerable adults),

(e)the need to ensure that action by the Commission in relation to health and social care services is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed,

(f)any developments in approaches to regulatory action, and

(g)best practice among persons performing functions comparable to those of the Commission (including the principles under which regulatory action should be transparent, accountable and consistent).

(2)In performing its functions the Commission must also have regard to such aspects of government policy as the Secretary of State may direct.

(3)In subsection (1)(c), “local involvement network” has the meaning given by section 222(2) of the Local Government and Public Involvement in Health Act 2007 (c. 28).

5Statement on user involvement

(1)The Commission must publish a statement describing how it proposes to—

(a)promote awareness among service users and carers of its functions,

(b)promote and engage in discussion with service users and carers about the provision of health and social care services and about the way in which the Commission exercises its functions,

(c)ensure that proper regard is had to the views expressed by service users and carers, and

(d)arrange for any of its functions to be exercised by, or with the assistance of, service users and carers.

(2)The Commission may from time to time revise the statement and must publish any revised statement.

(3)Before publishing the statement (or revised statement) the Commission must consult such persons as it considers appropriate.

(4)In this section—

(a)“service users” means people who use health or social care services, and

(b)“carers” means people who care for service users as relatives or friends.

6Transfers of property, rights and liabilities

Schedule 2 (which makes provision for the transfer of property, rights and liabilities) has effect.

7Meaning of “health and social care services” in Chapter 1

In this Chapter “health and social care services” has the meaning given by section 3(3).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources