The Commission for Social Care Inspection (Explanation and Co-operation) Regulations 2004

Power to require an explanation

2.—(1) The CSCI(1), or a person authorised by it, may require any of the persons prescribed in paragraph (4) to provide to the CSCI or the person so authorised (as the case may be) an explanation of—

(a) any documents, records or items inspected, copied or provided under sections 88 to 90 of the Act;

(b) any information provided under those sections; or

(c) any matters which are the subject of the exercise of any functions of the CSCI under Chapter 5 of Part 2 of the Act (“Chapter 5”),

in cases where the CSCI considers the explanation necessary or expedient for the purposes of Chapter 5.

(2) The CSCI or the person so authorised may require the explanation to be provided—

(a) in person (unless the person required to provide the explanation is a body of persons corporate or unincorporate), or

(b) in writing.

(3) Where the CSCI or the person so authorised requires the explanation to be provided in person, the explanation shall be provided at a time and place specified by the CSCI and the CSCI shall give the person required to provide the explanation reasonable notice of that time and place.

(4) The persons prescribed are—

(a) a local authority;

(b) a member of a local authority;

(c) an elected mayor of a local authority within the meaning of section 39(1) of the Local Government Act 2000(2);

(d) a member of a committee or sub-committee of a local authority, or a member of a joint committee of two or more local authorities(3);

(e) an officer of a local authority;

(f) a service provider;

(g) an employee of a service provider or any other person assisting that provider in the provision of an English local authority social service;

(h) a person (other than a person prescribed in sub-paragraphs (b) to (g)) who is assisting a local authority in the discharge of its social services functions.

(1)

See section 148 of the Act for the definition of “the CSCI”.

(2)

2000 c. 22.

(3)

See section 101 of the Local Government Act 1972 (c. 70) for the appointment of committees and sub-committees of local authorities and the appointment of joint committees of two or more local authorities.