Part 1

The Care Quality Commission
Chapter 5

Further functions

Additional functions
59
1
The Secretary of State may by regulations provide that the Commission is to have such additional functions as may be specified in the regulations in relation to any of the following—
a
the provision of NHS care;
b
the exercise in respect of England of functions by cross-border Special Health Authorities;
c
the improvement of—
i
economy, efficiency and effectiveness in the exercise of the functions of English NHS bodies, and
ii
the financial or other management, or operations, of English NHS bodies;
d
the provision of adult social services;
e
the carrying on of regulated activities;
f
the exercise of powers or the discharge of duties conferred or imposed by the Mental Health Act 1983 (c. 20) as mentioned in section 120(1) of that Act.
2
The Secretary of State must consult
NHS England
before making provision under subsection (1) in relation to persons who hold licences under Chapter 3 of Part 3 of the Health and Social Care Act 2012.
3
The references in subsection (1) to English
NHS
bodies do not include references to
NHS England
or
integrated care boards
.
S. 59 partly in force; S. 59 in force for specified purposes at Royal Assent, see s. 170
S. 59 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 20
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. 5 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), art. 15 reg. 1(1))
S. 59(3) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 161; S.I. 2013/160, art. 2(2) (with arts. 7-9)
S. 59(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 13 para. 17; S.I. 2013/160, art. 2(2) (with arts. 7-9)
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. 59 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 59(2) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 39; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 59(3) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 165; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)