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The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

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3.  (1)  This paragraph applies where the CHAI or the CSCI―

(a)began but did not, before the appointed day, complete a review or investigation under the sections specified in sub-paragraph (3); or

(b)completed a review or investigation under those sections but did not before the appointed day publish a report in relation to it.

(2) The Care Quality Commission may―

(a)in a case falling within sub-paragraph (1)(a), complete the review or investigation in accordance with the relevant section (as if references to “the CHAI” or the “CSCI” were to “the Care Quality Commission”) and if it does so shall publish a report in relation to the completed review or investigation; or

(b)in a case falling within sub-paragraph (1)(b), publish the report.

(3) The sections specified for the purpose of sub-paragraph (1) are sections 51 (reviews: England and Wales)(1), 52 (review and investigations: England)(2), 55 (reviews of data), 78 (review of studies and research) and 80 (other reviews and investigations)(3) of the 2003 Act.

(4) Pursuant to section 51(4)(a) and 52(5)(b) of the 2003 Act, the Care Quality Commission must, when completing a review or investigation or publishing a report pursuant to sub-paragraph (1) and those sections, take into account any Code of Practice published under section 47A of the 2003 Act (code of practice relating to health care associated infections) that applied during the relevant financial year, notwithstanding the repeal of section 47A.

(1)

Section 51 was amended by the Health Act 2006, section 15.

(2)

Section 52 was amended by the Health Act 2006, section 15.

(3)

Section 80 was amended by the 2006 Act, sections 157, 184 and Schedules 14, paragraphs 82 and 86 and Schedule 18, part 5.

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