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The National Health Service (Quality Accounts) Regulations 2010

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Citation, commencement and interpretationE+W

1.—(1) These Regulations may be cited as the National Health Service (Quality Accounts) Regulations 2010 and shall come into force on 1st April 2010.

(2) In these Regulations—

“the 2006 Act” means the National Health Service Act 2006;

“the 2009 Act” means the Health Act 2009;

F1...

F2...

F3...

[F4“integrated care board” means an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006;]

[F5“NHS England” means the body corporate established under section 1H of the National Health Service Act 2006;]

“relevant document” means a document which must be published under section 8(1) or (3) of the 2009 Act.

(3) For the purposes of these Regulations—

(a)“[F6relevant health services]” does not include the services exempted by regulation 2;

(b)a body or person sub-contracts services where—

(i)in the case of a body listed in section 8(2) of the 2009 Act, they make arrangements for a person not listed in section 8(2) or (3) of that Act to provide those services; and

(ii)in the case of a person listed in section 8(3) of the 2009 Act, they make arrangements as mentioned in section 2(5)(a) of that Act for another person to provide those services; and

(c)references to [F7relevant health services] provided by a body or person are a reference to—

(i)in the case of a body listed in section 8(2) of the 2009 Act, any [F7relevant health services] provided by that body; and

(ii)in the case of a person listed in section 8(3) of the 2009 Act, any [F7relevant health services] provided by that person as mentioned in section 2(4)(a) or (b) of the 2009 Act, or which that person assists in providing as mentioned in section 2(4)(b) of that Act.

Textual Amendments

Exemption for [F8NHS Continuing Healthcare] and primary care servicesE+W

2.—(1) Section 8(1) and (3) of the 2009 Act (duty of provider to publish information) does not apply to [F9NHS Continuing Healthcare] and primary care services.

(2) For the purpose of this regulation—

[F10“NHS Continuing Healthcare” means a package of care arranged and funded solely by the health service for a person aged 18 or over to meet physical or mental health needs which have arisen as a result of illness;

“health service” and “illness” have the meanings given in section 275 of the 2006 Act;]

“primary care services” means [F11relevant health services]—

(a)

provided under a contract, agreement or arrangement made under or by virtue of the following provisions of the 2006 Act—

(i)

[F12section 83(2)] (arrangements made by [F13NHS England] for provision of primary medical services),

(ii)

section 84(1) (general medical services contracts),

(iii)

section 92 (other arrangements for the provision of primary medical services),

(iv)

section 100(1) (general dental services contracts),

(v)

section 107(1) (other arrangements for the provision of primary dental services),

(avi)

[F14section 115(4) (arrangements made by [F13NHS England] for provision of primary ophthalmic services),]

(vi)

section 117(1) (general ophthalmic services contracts),

(vii)

section 126(1) (pharmaceutical services),

(viii)

section 127(1) (additional pharmaceutical services), or

(ix)

Schedule 12 (local pharmaceutical services schemes); F15...

(b)

F16...

Textual Amendments

Exemption for small providers from duty to publish informationE+W

3.—(1) Section 8(1) and (3) of the 2009 Act does not apply to a body or person in respect of a reporting period, where paragraph (2) applies.

(2) This paragraph applies to a body or person—

(a)which on the relevant date employed no more than fifty full time equivalent employees; and

(b)whose total income in relation to the reporting period under all contracts, agreements or arrangements with [F17[F13NHS England] and [F18integrated care boards]] for the provision of [F19relevant health services], is not more than £130,000.

(3) The number of full time equivalent employees is calculated by dividing the total number of hours worked by all employees on the relevant date by the average standard contracted hours for the employing body or person for that period.

(4) For the purposes of this regulation, “the relevant date” in relation to a reporting period is—

(a)for any body or person not providing or subcontracting [F20relevant health services] on 1st April, the first day in that period the body or person provides or sub-contracts [F20relevant health services]; or

(b)in all other cases 1st April in that period.

Textual Amendments

Prescribed information, content and form of documentE+W

4.—(1) A relevant document must consist of 4 parts as follows—

(a)Part 1, containing a statement summarising the provider's M1 view of the quality of [F21relevant health services] provided or sub-contracted by the provider during the reporting period and the statement referred to in regulation 6;

(b)Part 2, containing the information relevant to the quality of [F22relevant health services] provided or sub-contracted by the provider during the reporting period which is prescribed for the purposes of section 8(1) or (3) of the 2009 Act by [F23paragraphs [F24(2), (2A) and (2B)]] and the information required by regulation 7;

(c)Part 3, containing other information relevant to the quality of [F25relevant health services] provided or sub-contracted by the provider during the reporting period which is included in the document by the provider; and

(d)an annex containing the statements or copies of the statements referred to in regulation 5.

(2) The information prescribed for the purposes of section 8(1) or (3) of the 2009 Act is the information specified [F26in items 1 to 11 F27... of the table in the Schedule as presented in the way specified in column 2 of those items in that table].

[F28(2A) In relation to the bodies listed in subsection (2)(b) and (d) of section 8 of the 2009 Act who are under the duty in section 8(1) of that Act, the information specified in column 1 of items 12 to 26 of the table in the Schedule as presented in the way specified in column 2 of those items in that table is prescribed information for the purposes of those bodies carrying out that duty.]

[F29(2B) The information prescribed for the purposes of section 8(1) F30... of the 2009 Act includes the information specified in items 27.1 to 27.9 of the table in the Schedule[F31, presented in the way specified for those items in column 2 of that table,] for—

(a)National Health Service trusts specified in section 8(2)(b) of the 2009 Act; and

(b)NHS foundation trusts.

(2C) Paragraph (2B) does not apply in relation to any ambulance trust.

(2D) The quarterly information required in items 27.1 to 27.3 of the table in the Schedule may be taken from quarterly information published by providers in response to national guidance.]

(3) The annex referred to in paragraph (1)(d) is not required in a draft relevant document supplied under regulations 8 to 10

Textual Amendments

Marginal Citations

M1See section 9(1) of the Health Act 2009 for the meaning of “the provider”.

Written statements by other bodiesE+W

5.—(1) The statements or copies of statements referred to in regulation 4(1)(d) are—

F32(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a copy of any written statement relating to the content of the relevant document, which is no more than [F331000] words in length, provided prior to publication by [F34the appropriate Local Healthwatch organisation] in response to the draft received pursuant to regulation 9;

(c)a copy of any written statement relating to the content of the relevant document, which is no more than [F351000] words in length, provided prior to publication in response to the draft received pursuant to regulation 10 by—

(i)the appropriate Overview and Scrutiny Committee, or

(ii)a joint overview and scrutiny committee carrying out the functions of that Overview and Scrutiny Committee under regulations under section 245 of the 2006 Act (joint overview and scrutiny committees etc.); F36...

(d)a statement by the provider setting out any changes made to the relevant document following receipt of such written statements; [F37and,

(e)for the providers referred to in regulation 4(2B), a statement describing how information required in items 27.1 to 27.3 of the Schedule to these Regulations is being published each quarter by the providers.]

(2) For the purpose of this regulation, “[F38appropriate Local Healthwatch organisation]” and “appropriate Overview and Scrutiny Committee” have the same meaning as in regulations 9 and 10.

Textual Amendments

Signature by senior employeeE+W

6.—(1) The relevant document must include a written statement, at the end of Part 1, signed by the responsible person for the provider that to the best of that person's knowledge the information in the document is accurate.

(2) For the purpose of this regulation “the responsible person” means, where the provider is—

(a)a body corporate or partnership, the most senior employee;

(b)an unincorporated body of persons other than a partnership, a member of the provider's governing body or the most senior employee of the provider; or

(c)an individual, that individual.

Priorities for improvementE+W

7.—(1) The relevant document must include, in Part 2, a description of the areas for improvement in the quality of [F39relevant health services] that the provider intends to provide or sub-contract for the 12 months following the end of the reporting period.

[F40(2) The description must include—

(a)at least three priorities for improvement indicating the relationship, if any, between the identification of these priorities and the reviews of data relating to quality of care referred to in item 1.1 of the Schedule;

(b)progress made since the last relevant document (if one has been published before);

(c)how progress to achieve the priorities identified in paragraph (a) will be monitored and measured by the provider; and

(d)how progress to achieve the priorities identified in paragraph (a) will be reported by the provider.]

Textual Amendments

[F41Document assurance by [F13NHS England] or the relevant [F18integrated care board] E+W

8.—(1) Where paragraph (3) applies, the provider must provide a copy of the draft relevant document to [F13NHS England] within 30 days beginning with 1st April following the end of the reporting period.

(2) Where paragraph (3) does not apply, the provider must provide a copy of the draft relevant document to the relevant [F18integrated care board] within 30 days beginning with 1st April following the end of the reporting period.

[F42(2A) But if the draft relevant document is for the reporting period ending with 31st March 2020 the provider may provide a copy of it as required by paragraph (1) or (2) later than 30 days beginning with 1st April following the end of the reporting period.]

(3) This paragraph applies where 50% or more of the relevant health services that the provider directly provides or sub-contracts during the reporting period are provided under contracts, agreements or arrangements with [F13NHS England] (calculated by reference to the full cost to the provider of providing, either directly or through sub-contractors, the services).

(4) For the purpose of this regulation, “relevant [F18integrated care board]” means—

(a)where all the relevant health services that the provider directly provides or sub-contracts under contracts, agreements or arrangements with [F18an integrated care board] are provided under contracts, agreements or arrangements with one [F18integrated care board], that [F18integrated care board];

(b)where all the relevant health services that the provider directly provides or sub-contracts under contracts, agreements or arrangements with [F18an integrated care board] are provided under contracts, agreements or arrangements with more than one [F18integrated care board], the [F18integrated care board] which has responsibility for the largest number of persons to whom the provider has provided relevant health services during the reporting period.

(5) For the purposes of paragraph (4)(b), [F18an integrated care board] has responsibility for a person receiving health services provided by a provider if, in relation to those services, it is responsible for that person under or by virtue of section 3 (duties of [F18integrated care boards] as to commissioning certain health services) or 3A (power of [F18integrated care boards] to commission certain health services) of the 2006 Act.

Textual Amendments

Document assurance by appropriate Local Healthwatch organisationE+W

9.—(1) The provider must provide a copy of the draft relevant document to the appropriate Local Healthwatch organisation within 30 days beginning with 1st April following the end of the reporting period.

[F43(1A) But if the draft relevant document is for the reporting period ending on 31st March 2020 the provider may provide a copy of it to the appropriate Local Healthwatch organisation later than 30 days beginning with 1st April following the end of the reporting period.]

(2) For the purposes of this regulation, “appropriate Local Healthwatch organisation” means the Local Healthwatch organisation in the local authority area in which the provider has its registered or principal office located.]

Textual Amendments

Document assurance by appropriate Overview and Scrutiny CommitteeE+W

10.—(1) The provider must provide a copy of the draft relevant document to the appropriate Overview and Scrutiny Committee within 30 days beginning with 1st April following the end of the reporting period.

[F44(1A) But if the draft relevant document is for the reporting period ending on 31st March 2020 the provider may provide a copy of it to the appropriate Overview and Scrutiny Committee later than 30 days beginning with 1st April following the end of the reporting period.]

(2) For the purpose of this Regulation—

“Overview and Scrutiny Committee” means an overview and scrutiny committee of any local authority to which section 244 of the 2006 Act applies (functions of overview and scrutiny committees);

“the appropriate Overview and Scrutiny Committee” means the Overview and Scrutiny Committee of the local authority in whose area the provider has its registered or principal office located.

Textual Amendments

Publication and provision of copiesE+W

11.—[F45(1)] By 30th June following the end of the reporting period—

(a)the relevant document must be published by making the document electronically available on the NHS Choices website M2, or another website if that website is not available at the time of publication; and

(b)a copy of the relevant document must be sent to the Secretary of State.

[F46(2) But if the relevant document is for the reporting period ending on 31st March 2020 the provider may take the action described in paragraph (1) later than 30th June following the end of the reporting period.]

Textual Amendments

Marginal Citations

M2See http://www.nhs.uk/Pages/HomePage.aspx.

[F47GuidanceE+W

12.  Providers must have regard to any guidance issued by the Secretary of State which relates to Chapter 2 of the 2009 Act.]

Textual Amendments

Signed by authority of the Secretary of State for Health

Mike O'Brien

Minister of State

Department of Health

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