Part 1

The Care Quality Commission
Chapter 6

Miscellaneous and General

Interaction with other authorities

Avoidance of unreasonable burdens in exercise of regulatory powers
68
1
The Secretary of State may publish guidance about steps which regulatory authorities may take in exercising relevant powers with a view to avoiding the imposition of unreasonable burdens on those in respect of whom the powers are exercisable.
2
“Regulatory authorities” means—
a
the Commission, and
b
such other bodies as may be prescribed.
3
A body may not be prescribed under subsection (2)(b) unless it has functions relating to the provision of health or social care.
4
“Relevant powers” means powers conferred by or under an enactment to—
a
carry out inspections, or
b
require the provision of information,
but, in relation to a body prescribed under subsection (2)(b), such powers are “relevant powers” only so far as they are exercisable in respect of a person in respect of whom the Commission has relevant powers.
5
The steps mentioned in subsection (1) might include for example—
a
co-operating with other regulatory authorities and co-ordinating the exercise of relevant powers,
b
sharing information or the results of inspections, and
c
seeking to obtain information from other sources before exercising a relevant power to require the provision of that information.
6
In exercising relevant powers, regulatory authorities must have regard to any guidance published under subsection (1).
7
Nothing in this section is intended to limit the scope of a relevant power or affect a person's obligation to comply with a requirement imposed in the exercise of such a power.
8
In this section—
a
“inspections” includes inspections of persons, premises or the carrying on of activities,
b
a reference to a power to carry out inspections includes a reference to any power which is ancillary to that power (such as a power to enter premises or to require assistance), and
c
a reference to a power to require the provision of information includes a reference to a power to require the production of documents, records or other items, a power to require the making of reports and a power to require explanations.
S. 68 partly in force; S. 68 in force for specified purposes at Royal Assent, see s. 170
S. 68 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. 22
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. 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)