http://www.legislation.gov.uk/ukpga/2014/23/section/91/enactedCare Act 2014enKing's Printer of Acts of Parliament2016-11-14
Care Act 2014s. 15(2)-(3B)Health and Care Act 2022s. 166(2)s. 186(6)Care Act 2014s. 26(1)-(2A)Health and Care Act 2022s. 166(4)s. 186(6)
PART 2Care standardsPerformance ratingsReviews and performance assessments
91
1
Chapter 3 of Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission: quality of health and social care) is amended as follows.
2
For section 46 (periodic reviews of health and social care provision) substitute—
Reviews and performance assessments
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.
3
Sections 47 (frequency and period of reviews under section 46) and 49 (power to extend periodic review function) are repealed.
4
In section 48 (special reviews and investigations), in subsection (1)—
a
omit “, with the approval of the Secretary of State,”, and
b
at the end insert “; but the Commission may not conduct a review or investigation under subsection (2)(ba) or (bb) without the approval of the Secretary of State.”
5
Omit subsection (1A) of that section.
6
In subsection (2) of that section, for “a periodic review” substitute “a review under section 46”.
7
In that subsection, after paragraph (ba) (but before the following “or”) insert—
bb
the exercise of the functions of English local authorities in arranging for the provision of adult social services,
.
8
After subsection (3) of that section insert—
3A
A review or investigation under subsection (2)(b), in so far as it involves a review or investigation into the arrangements made for the provision of the adult social services in question, is to be treated as a review under subsection (2)(bb) (and the requirement for approval under subsection (1) is accordingly to apply).
9
In consequence of the preceding provisions of this section—
a
in section 50(1) of the Health and Social Care Act 2008 (failings by English local authorities), omit “or 49”;
b
in section 51(1) of that Act (failings by Welsh NHS bodies), omit “or 49”;
c
in section 70(3)(a) of that Act (provision by Commission to Monitor of material relevant to review under section 46 or 49), omit “or 49”;
d
in section 72(a) of that Act (provision by Commission to Comptroller and Auditor General of material relevant to review under section 46 or 49), omit “or 49”;
e
in section 293 of the Health and Social Care Act 2012, omit subsections (1) and (2);
f
in Schedule 5 to that Act (amendments in consequence of Part 1 of that Act), omit paragraphs 157, 159, 163 and 164.