(This note is not part of the Regulations)
Section 46 of the Health and Social Care Act 2008 (“the 2008 Act”) imposes a duty on the Care Quality Commission (“the CQC”) to conduct reviews and performance assessments of the carrying on by prescribed registered service providers of such regulated activities as may be prescribed and to publish reports of such assessments. These Regulations prescribe the registered service providers and regulated activities for those purposes.
Regulation 2 and the Schedule prescribe both the registered service providers and the regulated activities in respect of which those providers which are to be subject to such performance assessment reviews. Performance assessments are not required for prescribed regulated activities insofar as they are provided in prisons.
Regulation 3 requires the Secretary of State to review these Regulations and lay a report before Parliament within five years after they come into force and within every five years after that. Following the review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, to be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.
An assessment of the impact of performance assessments on the private sector and civil society organisations has been made in relation to the Care Act 2014. A copy of this impact assessment is available from the libraries of both Houses of Parliament, and is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. Copies may also be obtained from the Department of Health, Richmond House, 79 Whitehall, London, SW1A 2NS or on the Department of Health’s web site athttps://www.gov.uk/government/publications/the-government-published-a-series-of-impact-assessments-alongside-the-care-bill