Health and Social Care Act 2008

Inspections E+W

60 Inspections E+W

(1) The Commission may for the purposes of its regulatory functions carry out inspections of—

(a) the carrying on of a regulated activity,

(b) the provision of NHS care,

(c) the provision of adult social services,

[F1 (ca) the exercise of functions by an English local authority,] or

(d) the exercise of functions by an English NHS body.

(2) For the purposes of this Part, the “regulatory functions” of the Commission are its functions under Chapters 2, 3 and 5 except—

(a) its functions under section 53 (information and advice),

(b) its functions under section 57 (reviews of data, studies and research), and

(c) its functions under regulations under section 59 (additional functions) to the extent that the regulations provide that they are not to be treated as regulatory functions for the purposes of this Part.

[F2 (3) In this section “English local authority” has the same meaning as in section 46A (see subsection (12) of that section).]

Textual Amendments

F1 S. 60(1)(ca) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 163(6)(a), 186(6); S.I. 2023/371, reg. 2(e)

F2 S. 60(3) inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 163(6)(b), 186(6); S.I. 2023/371, reg. 2(e)

Modifications etc. (not altering text)

C1 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)

C2 Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)

Commencement Information

I1 S. 60 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2

I2 S. 60 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 13 (with Pt. 3)

61 Inspections carried out for registration purposes E+W

F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where an inspection is carried out under section 60 for the purposes of the Commission's functions under Chapter 2, the Commission must—

(a) prepare a report on the matters inspected, and

(b) without delay send a copy of the report to—

(i) the person who carries on the regulated activity in question, and

(ii) if a person is registered under that Chapter as a manager in respect of the activity, that person.

(3) The Commission must publish a report prepared under subsection (2).

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 61(1) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 90(7)(a), 127(1); S.I. 2014/2473, art. 3(e)

F4 S. 61(4) omitted (1.10.2014) by virtue of Care Act 2014 (c. 23), ss. 90(7)(b), 127(1); S.I. 2014/2473, art. 3(e)

Commencement Information

I3 S. 61 partly in force; S. 61 in force for specified purposes at Royal Assent, see s. 170

I4 S. 61 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2

I5 S. 61 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 13 (with Pt. 3)