Part 1

The Care Quality Commission
Chapter 6

Miscellaneous and General

Powers of entry etc.

Entry and inspection
62
1
The power in subsection (2) is exercisable if the Commission considers it necessary or expedient for the purposes of any of its regulatory functions.
2
A person authorised by the Commission may enter and inspect any premises which are, or which the person reasonably believes to be, regulated premises.
3
Premises are “regulated premises” if they fall within one or more of the following descriptions—
a
they are used for the carrying on of a regulated activity,
b
they are owned or controlled by an English NHS body or English local authority, or
c
they are used or proposed to be used for or in connection with—
i
the provision of NHS care,
ii
the exercise of any functions of an English NHS body, or
iii
the provision of adult social services.
4
If NHS care or an adult social service is provided to a person in premises used wholly or mainly as a private dwelling, the premises are not to be regarded as used for or in connection with the provision of that care or service.
5
A person who proposes to exercise the power conferred by subsection (2) must if so required produce some duly authenticated document showing the person's authority to exercise the power.
6
“Premises” includes a vehicle.
S. 62 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2
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)
S. 62 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)
Pt. 1 Ch. 6 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)
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)
S. 62 applied (9.11.2015) by The Children Act 2004 (Joint Area Reviews) Regulations 2015 (S.I. 2015/1792), reg. 1(1), Sch. para. 5