The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

Annual reviews

2.—(1) Where―

(a) the CHAI, under section 50 of the 2003 Act (annual reviews); or

(b) the CSCI, under section 79 of the 2003 Act (annual reviews)(1),

had not, before the appointed day, completed a review for each body specified in those sections in relation to the relevant financial year, the Care Quality Commission shall, in accordance with those sections, complete any such review and award a performance rating to, or, as the case may be, make an assessment of, that body.

(2) Where the CHAI had not, before the appointed day, completed a review of the Health Protection Agency pursuant to section 10 of the Health Protection Agency Act 2004(2) (health care provision: standards) in relation to the relevant financial year, the Care Quality Commission shall, in accordance with that section, complete any such review and award a performance rating to that Agency.

(3) For the purposes of sub-paragraph (2), the references to the standards provisions in section 10 of the Health Protection Agency Act 2004 shall be interpreted as a reference to those provisions as saved and modified by this Order in relation to English NHS bodies.

(4) For the purposes of sub-paragraphs (1) and (2)―

(a) section 50 of the 2003 Act shall be modified as if for “the CHAI” in each place it appears, there were substituted “the Care Quality Commission”; and

(b) section 79 shall be modified as if―

(i) for “the CSCI” in each place it appears there were substituted “the Care Quality Commission”, and

(ii) in subsection (2), for the words “award a performance rating to” there were substituted “assess”.

(5) In completing any review under this paragraph, the Care Quality Commission must take into account any evidence relevant to that review obtained prior to the appointed day by―

(a) the CHAI in the exercise of its functions under section 50 of the 2003 Act; or

(b) the CSCI in the exercise of its functions under section 79 of the 2003 Act,

insofar as that information has been made available to the Care Quality Commission.

(6) For the purposes of its duties under this paragraph, the Care Quality Commission may, subject to approval of the Secretary of State, revise criteria published by―

(a) the CHAI under section 50(3) of the 2003 Act; or

(b) the CSCI under section 79(4) of the 2003 Act

and if it does so it must publish the revised criteria.

(7) Pursuant to section 50(4)(b) of the 2003 Act, the Care Quality Commission must, when completing a review pursuant to sub-paragraph (1)(a), take into account any Code of Practice published under section 47A of the 2003 Act (code of practice relating to health care associated infections)(3) that applied during the relevant financial year, notwithstanding the repeal of section 47A.

(1)

Section 79 was amended by the 2006 Act, sections 157, 184 and Schedule 14, paragraphs 82 and 85 and Schedule 18, Part 5.

(2)

2004 c.17.

(3)

Section 47A was inserted by the Health Act 2006, section 14.