The Care Quality Commission (Specified Organisations etc) Order 2010

Specified Organisations

2.—(1) Subject to paragraph (2), the following persons or bodies are specified as organisations for the purposes of paragraph 6(3) of Schedule 4 to the 2008 Act (inspections by other inspectors of activities within Commission’s remit)—

(a) an English NHS provider(1); and

(b) a person, other than an English NHS provider or an English local authority(2), who is registered as a service provider under the 2008 Act but only in relation to a regulated activity (within the meaning of Part 1 of the 2008 Act).

(2) The persons and bodies referred to in paragraph (1) are not specified for the purposes of paragraph 6(3) of Schedule 4 to the 2008 Act in relation to the provision of services in—

(a) a prison within the meaning of the Prison Act 1952(3);

(b) a contracted out prison as defined in section 84(4) of the Criminal Justice Act 1991(4);

(c) a young offender institution as defined in section 43(1)(aa) of the Prison Act 1952(5);

(d) a remand centre as defined in section 43(1)(a) of the Prison Act 1952(6);

(e) a removal centre as defined in section 147 of the Immigration and Asylum Act 1999(7); and

(f) a short-term holding facility as defined in section 147 of the Immigration and Asylum Act 1999(8).

(1)

English NHS provider is defined in section 97 of the 2008 Act.

(2)

English local authority is defined in section 97 of the 2008 Act.

(3)

1952 c. 52, to which there are amendments not relevant to this Order. See section 53(1) for the meaning of “prison”.

(4)

1991 c. 53; section 84 was substituted by section 96 of the Criminal Justice and Public Order Act 1994 (c. 33). By virtue of section 92(1) of the Criminal Justice Act 1991 (c.53) “contracted out prison” includes a contracted out young offender institution.

(5)

Section 43 was substituted by section 11 of the Criminal Justice Act 1982 (c. 48). Section 43(1)(aa) was inserted by paragraph 11 of Schedule 15 to the Criminal Justice Act 1988 (c. 33) and amended by section 18(3) of the Criminal Justice and Public Order Act 1994 and by paragraph 3 of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4).

(6)

Section 43(1)(a) is repealed by section 59 of the Criminal Justice and Court Services Act 2000 (c. 43). The repeal is not yet in force.

(7)

1999 c. 33; the definition given to “removal centre” in section 147 was inserted by section 66(1)(b) of the Nationality, Immigration and Asylum Act 2002 (c. 41).

(8)

The definition of “short-term holding facility” was amended by section 25 of the Borders, Citizenship and Immigration Act 2009 (c. 11).