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Statutory Instruments
National Health Service, England
Social Care, England
Public Health, England
Made
5th June 2023
Laid before Parliament
6th June 2023
Coming into force
4th July 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 85(1)(b) and 161(3)(1) of the Health and Social Care Act 2008(2).
In accordance with section 85(6) of that Act the Secretary of State has consulted the Commission (3).
1.—(1) These Regulations may be cited as the Care Quality Commission (Fees) (Reviews and Performance Assessments: Integrated Care System) Regulations 2023 and come into force on 4th July 2023.
(2) These Regulations extend to England and Wales.
2. For the purpose of section 85(1)(b) of the Health and Social Care Act 2008 (fees) the functions of the Commission under section 46B(1)(4) of that Act (reviews and performance assessments: integrated care system) are prescribed.
Signed by the authority of the Secretary of State for Health and Social Care.
Helen Whately
Minister of State,
Department of Health and Social Care
5th June 2023
(This note is not part of the Regulations)
Section 85(1)(b) of the Health and Social Care Act 2008 (“the 2008 Act”) permits the Care Quality Commission (“the Commission”), with the consent of the Secretary of State, to make and publish provision requiring a fee to be paid by English NHS bodies, English local authorities, persons registered under Chapter 2 of the 2008 Act and such other persons as may be prescribed, in respect of the exercise by the Commission of such of its functions referred to under Part 1 of the 2008 Act as are prescribed.
Section 46B(1) of the 2008 Act, inserted by section 31 of the Health and Care Act 2022, confers new functions on the Commission to conduct reviews and performance assessments of integrated care systems. These Regulations prescribe the Commission’s functions under section 46B(1) of the 2008 Act for the purpose of section 85(1)(b) of that Act.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
Section 161(3) was amended by section 294(4) of the Health and Social Care Act 2012 (c. 7).
2008 c. 14 (“the Act”). See section 97 of the Act for the definition of “prescribed” and “regulations”.
The reference to “the Commission” is a reference to the Care Quality Commission. See section 1(1) of the Act which made provision for the establishment of the Commission.
Section 46B was inserted by section 31 of the Health and Care Act 2022 (c. 31).
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