Part 1

The Care Quality Commission
Chapter 3

Quality of health and social care

Reviews and investigations

Reviews and performance assessments : registered service providers
46
1
The Commission must, in respect of such regulated activities and such registered service providers as may be prescribed—
a
conduct reviews of the carrying on of the regulated activities by the service providers,
b
assess the performance of the service providers following each such review, and
c
publish a report of its assessment.
2
Regulations under subsection (1) may prescribe—
a
all regulated activities or regulated activities of a particular description;
b
all registered service providers or particular registered service providers;
c
the whole of a regulated activity or a particular aspect of it.
3
The assessment of the performance of a registered service provider is to be by reference to whatever indicators of quality the Commission devises.
4
The Commission must prepare a statement—
a
setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and
b
describing the method that it proposes to use in assessing and evaluating the performance of a registered service provider under this section.
5
The Commission may—
a
use different indicators for different cases,
b
make different provision about frequency and period of reviews for different cases, and
c
describe different methods for different cases.
6
The Commission must publish—
a
any indicators it devises for the purpose of subsection (3), and
b
the statement it prepares for the purpose of subsection (4).
7
Before doing so, the Commission—
a
must consult the Secretary of State and such other persons, or other persons of such a description, as may be prescribed, and
b
may also consult any other persons it considers appropriate.
8
The Commission may from time to time revise—
a
any indicators it devises for the purpose of subsection (3), and
b
the statement it prepares for the purpose of subsection (4);
and, if it does so, it must publish the indicators and statement as revised.
9
Subsection (7) applies to revised indicators and a revised statement, so far as the Commission considers the revisions in question to be significant.
10
In this section “
registered service provider
” means a person registered under Chapter 2 as a service provider.
11
Consultation undertaken before the commencement of this section is as effective for the purposes of subsection (7) as consultation undertaken after that commencement.
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)
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)
Pt. 1 Ch. 3 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)
S. 46 substituted (7.7.2014 for specified purposes, 1.10.2014 in so far as not already in force) by Care Act 2014 (c. 23), ss. 91(2), 127(1); S.I. 2014/1714, arts. 2(b), 4
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Words in s. 46 heading inserted (1.4.2023) by Health and Care Act 2022 (c. 31), ss. 163(2), 186(6); S.I. 2023/371, reg. 2(e)