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Health and Social Care Act 2008

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Health and Social Care Act 2008, Cross Heading: Reviews and investigations is up to date with all changes known to be in force on or before 03 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • specified provision(s) amendment to earlier commencing SI 2009/462 art. 1(4) Sch. 5 para. 2 by S.I. 2009/580 art. 2 (This amendment does not affect the commencements made by S.I. 2009/462)

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Reviews and investigationsE+W

[F146Reviews and performance assessmentsE+W

(1)The Commission must, in respect of such regulated activities and such registered service providers as may be prescribed—

(a)conduct reviews of the carrying on of the regulated activities by the service providers,

(b)assess the performance of the service providers following each such review, and

(c)publish a report of its assessment.

(2)Regulations under subsection (1) may prescribe—

(a)all regulated activities or regulated activities of a particular description;

(b)all registered service providers or particular registered service providers;

(c)the whole of a regulated activity or a particular aspect of it.

(3)The assessment of the performance of a registered service provider is to be by reference to whatever indicators of quality the Commission devises.

(4)The Commission must prepare a statement—

(a)setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and

(b)describing the method that it proposes to use in assessing and evaluating the performance of a registered service provider under this section.

(5)The Commission may—

(a)use different indicators for different cases,

(b)make different provision about frequency and period of reviews for different cases, and

(c)describe different methods for different cases.

(6)The Commission must publish—

(a)any indicators it devises for the purpose of subsection (3), and

(b)the statement it prepares for the purpose of subsection (4).

(7)Before doing so, the Commission—

(a)must consult the Secretary of State and such other persons, or other persons of such a description, as may be prescribed, and

(b)may also consult any other persons it considers appropriate.

(8)The Commission may from time to time revise—

(a)any indicators it devises for the purpose of subsection (3), and

(b)the statement it prepares for the purpose of subsection (4);

and, if it does so, it must publish the indicators and statement as revised.

(9)Subsection (7) applies to revised indicators and a revised statement, so far as the Commission considers the revisions in question to be significant.

(10)In this section “registered service provider” means a person registered under Chapter 2 as a service provider.

(11)Consultation undertaken before the commencement of this section is as effective for the purposes of subsection (7) as consultation undertaken after that commencement.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 46 substituted (7.7.2014 for specified purposes, 1.10.2014 in so far as not already in force) by Care Act 2014 (c. 23), ss. 91(2), 127(1); S.I. 2014/1714, arts. 2(b), 4

F247Frequency and period of reviewE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

48Special reviews and investigationsE+W

(1)The Commission may F3...conduct any special review or investigation, and must do so if the Secretary of State so requests [F4; but the Commission may not conduct a review or investigation under subsection (2)(ba) or (bb) without the approval of the Secretary of State.].

F5(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)A special review or investigation is a review (other than [F6 a review under section 46]) of or an investigation into—

(a)the provision of NHS care,

(b)the provision of adult social services,

[F7(ba)the exercise of the functions of the National Health Service Commissioning Board or a clinical commissioning group in arranging for the provision of NHS care under the National Health Service Act 2006 [F8 or section 117 of the Mental Health Act 1983 (after-care)],]

[F9(bb)the exercise of the functions of English local authorities in arranging for the provision of adult social services,] or

(c)the exercise of functions by English Health Authorities.

(3)Such a review or investigation may relate—

(a)to the overall provision of NHS care or adult social services or to the provision of NHS care or adult social services of a particular description;

(b)to the overall exercise of functions or to the exercise of functions of a particular description;

(c)to the provision of care or services or the exercise of functions by bodies or persons generally or by particular bodies or persons.

[F10(3A)A review or investigation under subsection (2)(b), in so far as it involves a review or investigation into the arrangements made for the provision of the adult social services in question, is to be treated as a review under subsection (2)(bb) (and the requirement for approval under subsection (1) is accordingly to apply).]

(4)Where the Commission conducts a review or investigation under this section, it must publish a report.

(5)The Commission must consider whether the report raises anything on which it ought to give advice to the Secretary of State under section 53(2).

(6)If the review or investigation gives rise to a duty to act under section 50(2) or (3) in respect of an English local authority, subsection (5) does not apply in relation to so much of the report as relates to that local authority.

F11(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “English Health Authority” means—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a Special Health Authority performing functions only or mainly in respect of England.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Words in s. 48(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(4)(a), 127(1); S.I. 2014/1714, art. 4

F4Words in s. 48(1) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(4)(b), 127(1); S.I. 2014/1714, art. 4

F5S. 48(1A) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(5), 127(1); S.I. 2014/1714, art. 4

F6Words in s. 48(2) substituted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(6), 127(1); S.I. 2014/1714, art. 4

F8Words in s. 48(2)(ba) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), ss. 40(6), 306(4), Sch. 5 para. 158(a); S.I. 2013/160, art. 2(2) (with arts. 7-9

F9S. 48(2)(bb) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(7), 127(1); S.I. 2014/1714, art. 4

F10S. 48(3A) inserted (1.10.2014) by Care Act 2014 (c. 23), ss. 91(8), 127(1); S.I. 2014/1714, art. 4

F11S. 48(7) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 90(2), 127(1); S.I. 2014/2473, art. 3(e)

Commencement Information

I1S. 48 partly in force; S. 48 in force for specified purposes at Royal Assent, see s. 170

I2S. 48 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 17

F1349Power to extend periodic review functionE+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

50Failings by English local authoritiesE+W

(1)This section applies where the Commission conducts a review under section 46F14..., or a review or investigation under section 48, in respect of an English local authority.

(2)If the Commission considers that the local authority is failing to discharge any of its adult social services functions to an acceptable standard, then subject to subsection (3) the Commission must—

(a)inform the Secretary of State of that fact, and

(b)recommend any special measures which it considers the Secretary of State should take.

(3)If the Commission considers that the failure is not substantial, it may instead—

(a)give the local authority a notice under subsection (4), and

(b)inform the Secretary of State that it has done so.

(4)A notice under this subsection is a notice which specifies—

(a)the respects in which the Commission considers that the local authority is failing,

(b)the action which the Commission considers the local authority should take to remedy the failure, and

(c)the time by which the Commission considers the action should be taken.

(5)If the Commission recommends that the Secretary of State should take special measures in relation to the local authority, the Commission must, if the Secretary of State so requests—

(a)conduct a further review under section 48 in relation to the authority, and

(b)include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F14Words in s. 50(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(a), 127(1); S.I. 2014/1714, art. 4

Commencement Information

I3S. 50 in force at 1.4.2009 by S.I. 2009/462, art. 2(1), Sch. 1 para. 18

51Failings by Welsh NHS bodiesE+W

(1)Following a review under section 46 F15..., or a review or investigation under section 48, the Commission must inform the Welsh Ministers if it considers that—

(a)there are significant failings in relation to the provision of health care by or pursuant to arrangements made by a Welsh NHS body,

(b)there are significant failings in the running of a Welsh NHS body, or

(c)there are significant failings in the running of a body, or the practice of an individual, providing health care pursuant to arrangements made by a Welsh NHS body.

(2)The Commission may also recommend to the Welsh Ministers that, with a view to remedying those failings, the Welsh Ministers take special measures—

(a)in a case falling within subsection (1)(a) or (b), in relation to the Welsh NHS body concerned;

(b)in a case falling within subsection (1)(c), in relation to the body or individual concerned (except an English NHS body or a cross-border Special Health Authority).

(3)In this section “Welsh NHS body” has the same meaning as in Part 2 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F15Words in s. 51(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 91(9)(b), 127(1); S.I. 2014/1714, art. 4

Commencement Information

I4S. 51 in force at 1.4.2009 for specified purposes by S.I. 2009/462, art. 2(1), Sch. 1 para. 19

I5S. 51 in force at 11.12.2009 in so far as not already in force by S.I. 2009/3023, art. 2(f) (with arts. 3-17) (as amended (8.2.2010) by S.I. 2010/47, art. 2)

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