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The Care Quality Commission (Additional Functions) Amendment Regulations 2013

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Statutory Instruments

2013 No. 1413

National Health Service, England

The Care Quality Commission (Additional Functions) Amendment Regulations 2013

Made

11th June 2013

Laid before Parliament

14th June 2013

Coming into force

15th July 2013

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 59(1), 161(3) and 167(3) of the Health and Social Care Act 2008(1).

Citation and commencement

1.  These Regulations may be cited as the Care Quality Commission (Additional Functions) Amendment Regulations 2013 and come into force on 15th July 2013.

Amendments to the Care Quality Commission (Additional Functions) Regulations 2011

2.—(1) The Care Quality Commission (Additional Functions) Regulations 2011(2) are amended as follows.

(2) In regulation 1, (citation, commencement and interpretation), for paragraph (2) substitute—

In these Regulations, “the 2013 Directions” means the High Security Psychiatric Services (Arrangements for Safety and Security) Directions 2013.(3).

(3) In regulations 2(1), 3(1), 4(1) and 4(2), for “the 2011 Directions” substitute “the 2013 Directions”.

Signed by authority of the Secretary of State for Health.

Norman Lamb

Minister of State,

Department of Health

11th June 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Care Quality Commission (Additional Functions) Regulations 2011 (“the 2011 Regulations”) which give the Care Quality Commission a duty upon application to review a decision made pursuant to the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011 (“the 2011 Directions”) to:

(a)withhold an item delivered or brought to a high security hospital for a patient;

(b)withhold internal post sent by a patient in a high security hospital to another patient in the same hospital or a member of staff in that hospital; or

(c)monitor and record a telephone conversation made by a patient in such a hospital.

The 2011 Directions have been revoked and replaced by the High Security Psychiatric Services (Arrangements for Safety and Security) Directions 2013. These Regulations amend the 2011 Regulations to take this change into account. Regulation 2 makes amendments to refer to the 2013 Directions in place of the 2011 Directions.

(1)

2008 c.14. See section 97(1) for the definition of “regulations”.

(3)

These Directions were signed on 11th June 2013 and are published at www.gov.uk/government/organisations/department-of-health.

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