- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/11/2017)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 19/02/2018
Point in time view as at 01/11/2017.
There are currently no known outstanding effects for the The National Health Service (Quality Accounts) Regulations 2010.
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1.—(1) These Regulations may be cited as the National Health Service (Quality Accounts) Regulations 2010 and shall come into force on 1st April 2010.
(2) In these Regulations—
“the 2006 Act” means the National Health Service Act 2006;
“the 2009 Act” means the Health Act 2009;
[F1“the Board” means the National Health Service Commissioning Board;
“clinical commissioning group” means a body established under section 14D of the 2006 Act (effect of grant of application);
“Health and Social Care Information Centre” means—
prior to the commencement of section 252(1) of the Health and Social Care Act 2012 (the Health and Social Care Information Centre), the Health and Social Care Information Centre established by the Health and Social Care Information Centre (Establishment and Constitution) Order 2005;
on or after the date on which section 252(1) of that Act is commenced, the Health and Social Care Information Centre established by that section;]
“relevant document” means a document which must be published under section 8(1) or (3) of the 2009 Act.
(3) For the purposes of these Regulations—
(a)“[F2relevant health services]” does not include the services exempted by regulation 2;
(b)a body or person sub-contracts services where—
(i)in the case of a body listed in section 8(2) of the 2009 Act, they make arrangements for a person not listed in section 8(2) or (3) of that Act to provide those services; and
(ii)in the case of a person listed in section 8(3) of the 2009 Act, they make arrangements as mentioned in section 2(5)(a) of that Act for another person to provide those services; and
(c)references to [F3relevant health services] provided by a body or person are a reference to—
(i)in the case of a body listed in section 8(2) of the 2009 Act, any [F3relevant health services] provided by that body; and
(ii)in the case of a person listed in section 8(3) of the 2009 Act, any [F3relevant health services] provided by that person as mentioned in section 2(4)(a) or (b) of the 2009 Act, or which that person assists in providing as mentioned in section 2(4)(b) of that Act.
Textual Amendments
F1Words in reg. 1(2) inserted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 2(2)
F2Words in reg. 1(3)(a) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 2(3)
F3Words in reg. 1(3)(c) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 2(3)
2.—(1) Section 8(1) and (3) of the 2009 Act (duty of provider to publish information) does not apply to [F5NHS Continuing Healthcare] and primary care services.
(2) For the purpose of this regulation—
[F6“NHS Continuing Healthcare” means a package of care arranged and funded solely by the health service for a person aged 18 or over to meet physical or mental health needs which have arisen as a result of illness;
“health service” and “illness” have the meanings given in section 275 of the 2006 Act;]
“primary care services” means [F7relevant health services]—
provided under a contract, agreement or arrangement made under or by virtue of the following provisions of the 2006 Act—
[F8section 83(2)] (arrangements made by [F9the Board] for provision of primary medical services),
section 84(1) (general medical services contracts),
section 92 (other arrangements for the provision of primary medical services),
section 100(1) (general dental services contracts),
section 107(1) (other arrangements for the provision of primary dental services),
[F10section 115(4) (arrangements made by the Board for provision of primary ophthalmic services),]
section 117(1) (general ophthalmic services contracts),
section 126(1) (pharmaceutical services),
section 127(1) (additional pharmaceutical services), or
Schedule 12 (local pharmaceutical services schemes); F11...
F12...
Textual Amendments
F4Words in reg. 2 heading substituted (1.4.2011) by The National Health Service (Quality Accounts) Amendment Regulations 2011 (S.I. 2011/269), regs. 1, 2(2)(a)
F5Words in reg. 2(1) substituted (1.4.2011) by The National Health Service (Quality Accounts) Amendment Regulations 2011 (S.I. 2011/269), regs. 1, 2(2)(b)
F6Words in reg. 2(2) substituted (1.4.2011) by The National Health Service (Quality Accounts) Amendment Regulations 2011 (S.I. 2011/269), regs. 1, 2(2)(c)
F7Words in reg. 2(2) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 3(2)(a)
F8Words in reg. 2(2) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 3(2)(b)(i)
F9Words in reg. 2(2) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 3(2)(b)(ii)
F10Words in reg. 2(2) inserted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 3(2)(c)
F11Word in reg. 2(2) omitted (1.4.2013) by virtue of The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 3(2)(d)
F12Words in reg. 2(2) omitted (1.4.2013) by virtue of The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 3(2)(e)
3.—(1) Section 8(1) and (3) of the 2009 Act does not apply to a body or person in respect of a reporting period, where paragraph (2) applies.
(2) This paragraph applies to a body or person—
(a)which on the relevant date employed no more than fifty full time equivalent employees; and
(b)whose total income in relation to the reporting period under all contracts, agreements or arrangements with [F13the Board and clinical commissioning groups] for the provision of [F14relevant health services], is not more than £130,000.
(3) The number of full time equivalent employees is calculated by dividing the total number of hours worked by all employees on the relevant date by the average standard contracted hours for the employing body or person for that period.
(4) For the purposes of this regulation, “the relevant date” in relation to a reporting period is—
(a)for any body or person not providing or subcontracting [F15relevant health services] on 1st April, the first day in that period the body or person provides or sub-contracts [F15relevant health services]; or
(b)in all other cases 1st April in that period.
Textual Amendments
F13Words in reg. 3(2)(b) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 4(2)
F14Words in reg. 3(2)(b) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 4(3)
F15Words in reg. 3(4)(a) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 4(3)
4.—(1) A relevant document must consist of 4 parts as follows—
(a)Part 1, containing a statement summarising the provider's M1 view of the quality of [F16relevant health services] provided or sub-contracted by the provider during the reporting period and the statement referred to in regulation 6;
(b)Part 2, containing the information relevant to the quality of [F17relevant health services] provided or sub-contracted by the provider during the reporting period which is prescribed for the purposes of section 8(1) or (3) of the 2009 Act by [F18paragraphs (2) and (2A)] and the information required by regulation 7;
(c)Part 3, containing other information relevant to the quality of [F19relevant health services] provided or sub-contracted by the provider during the reporting period which is included in the document by the provider; and
(d)an annex containing the statements or copies of the statements referred to in regulation 5.
(2) The information prescribed for the purposes of section 8(1) or (3) of the 2009 Act is the information specified [F20in items 1 to 11 [F21and 27.1 to 27.9] of the table in the Schedule as presented in the way specified in column 2 of those items in that table].
[F22(2A) In relation to the bodies listed in subsection (2)(b) and (d) of section 8 of the 2009 Act who are under the duty in section 8(1) of that Act, the information specified in column 1 of items 12 to 26 of the table in the Schedule as presented in the way specified in column 2 of those items in that table is prescribed information for the purposes of those bodies carrying out that duty.]
[F23(2B) The information prescribed for the purposes of section 8(1) or (3) of the 2009 Act includes the information specified in items 27.1 to 27.9 of the table in the Schedule for—
(a)National Health Service trusts specified in section 8(2)(b) of the 2009 Act; and
(b)NHS foundation trusts.
(2C) Paragraph (2B) does not apply in relation to any ambulance trust.
(2D) The quarterly information required in items 27.1 to 27.3 of the table in the Schedule may be taken from quarterly information published by providers in response to national guidance.]
(3) The annex referred to in paragraph (1)(d) is not required in a draft relevant document supplied under regulations 8 to 10
Textual Amendments
F16Words in reg. 4(1)(a) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 5(2)
F17Words in reg. 4(1)(b) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 5(2)
F18Words in reg. 4(1)(b) substituted (4.2.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 5(3)
F19Words in reg. 4(1)(c) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 5(2)
F20Words in reg. 4(2) substituted (4.2.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 5(4)
F21Words in reg. 4(2) inserted (1.11.2017) by The National Health Service (Quality Accounts) (Amendment) Regulations 2017 (S.I. 2017/744), regs. 1(2), 2(2)(a)
F22Reg. 4(2A) inserted (4.2.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 5(5)
F23Reg. 4(2B)-(2D) inserted (1.11.2017) by The National Health Service (Quality Accounts) (Amendment) Regulations 2017 (S.I. 2017/744), regs. 1(2), 2(2)(b)
Marginal Citations
M1See section 9(1) of the Health Act 2009 for the meaning of “the provider”.
5.—(1) The statements or copies of statements referred to in regulation 4(1)(d) are—
F24(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)a copy of any written statement relating to the content of the relevant document, which is no more than [F251000] words in length, provided prior to publication by [F26the appropriate Local Healthwatch organisation] in response to the draft received pursuant to regulation 9;
(c)a copy of any written statement relating to the content of the relevant document, which is no more than [F271000] words in length, provided prior to publication in response to the draft received pursuant to regulation 10 by—
(i)the appropriate Overview and Scrutiny Committee, or
(ii)a joint overview and scrutiny committee carrying out the functions of that Overview and Scrutiny Committee under regulations under section 245 of the 2006 Act (joint overview and scrutiny committees etc.); F28...
(d)a statement by the provider setting out any changes made to the relevant document following receipt of such written statements; [F29and,
(e)for the providers referred to in regulation 4(2B), a statement describing how information required in items 27.1 to 27.3 of the Schedule to these Regulations is being published each quarter by the providers.]
(2) For the purpose of this regulation, “[F30appropriate Local Healthwatch organisation]” and “appropriate Overview and Scrutiny Committee” have the same meaning as in regulations 9 and 10.
Textual Amendments
F24Reg. 5(1)(a) omitted (1.4.2013) by virtue of The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 6(2)
F25Word in reg. 5(1)(b) substituted (1.4.2011) by The National Health Service (Quality Accounts) Amendment Regulations 2011 (S.I. 2011/269), regs. 1, 2(3)
F26Words in reg. 5(1)(b) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 6(3)
F27Word in reg. 5(1)(c) substituted (1.4.2011) by The National Health Service (Quality Accounts) Amendment Regulations 2011 (S.I. 2011/269), regs. 1, 2(3)
F28Word in reg. 5(1)(c) omitted (1.11.2017) by virtue of The National Health Service (Quality Accounts) (Amendment) Regulations 2017 (S.I. 2017/744), regs. 1(2), 2(3)(a)
F29Reg. 5(1)(e) and word inserted (1.11.2017) by The National Health Service (Quality Accounts) (Amendment) Regulations 2017 (S.I. 2017/744), regs. 1(2), 2(3)(b)
F30Words in reg. 5(2) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 6(4)
6.—(1) The relevant document must include a written statement, at the end of Part 1, signed by the responsible person for the provider that to the best of that person's knowledge the information in the document is accurate.
(2) For the purpose of this regulation “the responsible person” means, where the provider is—
(a)a body corporate or partnership, the most senior employee;
(b)an unincorporated body of persons other than a partnership, a member of the provider's governing body or the most senior employee of the provider; or
(c)an individual, that individual.
7.—(1) The relevant document must include, in Part 2, a description of the areas for improvement in the quality of [F31relevant health services] that the provider intends to provide or sub-contract for the 12 months following the end of the reporting period.
[F32(2) The description must include—
(a)at least three priorities for improvement indicating the relationship, if any, between the identification of these priorities and the reviews of data relating to quality of care referred to in item 1.1 of the Schedule;
(b)progress made since the last relevant document (if one has been published before);
(c)how progress to achieve the priorities identified in paragraph (a) will be monitored and measured by the provider; and
(d)how progress to achieve the priorities identified in paragraph (a) will be reported by the provider.]
Textual Amendments
F31Words in reg. 7(1) substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 7
F32Reg. 7(2) substituted (1.4.2011) by The National Health Service (Quality Accounts) Amendment Regulations 2011 (S.I. 2011/269), regs. 1, 2(4)
8.—(1) Where paragraph (3) applies, the provider must provide a copy of the draft relevant document to the Board within 30 days beginning with 1st April following the end of the reporting period.
(2) Where paragraph (3) does not apply, the provider must provide a copy of the draft relevant document to the relevant clinical commissioning group within 30 days beginning with 1st April following the end of the reporting period.
(3) This paragraph applies where 50% or more of the relevant health services that the provider directly provides or sub-contracts during the reporting period are provided under contracts, agreements or arrangements with the Board (calculated by reference to the full cost to the provider of providing, either directly or through sub-contractors, the services).
(4) For the purpose of this regulation, “relevant clinical commissioning group” means—
(a)where all the relevant health services that the provider directly provides or sub-contracts under contracts, agreements or arrangements with a clinical commissioning group are provided under contracts, agreements or arrangements with one clinical commissioning group, that clinical commissioning group;
(b)where all the relevant health services that the provider directly provides or sub-contracts under contracts, agreements or arrangements with a clinical commissioning group are provided under contracts, agreements or arrangements with more than one clinical commissioning group, the clinical commissioning group which has responsibility for the largest number of persons to whom the provider has provided relevant health services during the reporting period.
(5) For the purposes of paragraph (4)(b), a clinical commissioning group has responsibility for a person receiving health services provided by a provider if, in relation to those services, it is responsible for that person under or by virtue of section 3 (duties of clinical commissioning groups as to commissioning certain health services) or 3A (power of clinical commissioning groups to commission certain health services) of the 2006 Act.
Textual Amendments
F33Regs. 8, 9 substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 8
9.—(1) The provider must provide a copy of the draft relevant document to the appropriate Local Healthwatch organisation within 30 days beginning with 1st April following the end of the reporting period.
(2) For the purposes of this regulation, “appropriate Local Healthwatch organisation” means the Local Healthwatch organisation in the local authority area in which the provider has its registered or principal office located.]
Textual Amendments
F33Regs. 8, 9 substituted (1.4.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 8
10.—(1) The provider must provide a copy of the draft relevant document to the appropriate Overview and Scrutiny Committee within 30 days beginning with 1st April following the end of the reporting period.
(2) For the purpose of this Regulation—
“Overview and Scrutiny Committee” means an overview and scrutiny committee of any local authority to which section 244 of the 2006 Act applies (functions of overview and scrutiny committees);
“the appropriate Overview and Scrutiny Committee” means the Overview and Scrutiny Committee of the local authority in whose area the provider has its registered or principal office located.
11. By 30th June following the end of the reporting period—
(a)the relevant document must be published by making the document electronically available on the NHS Choices website M2, or another website if that website is not available at the time of publication; and
(b)a copy of the relevant document must be sent to the Secretary of State.
Marginal Citations
M2See http://www.nhs.uk/Pages/HomePage.aspx.
12. Providers must have regard to any guidance issued by the Secretary of State which relates to Chapter 2 of the 2009 Act.]
Textual Amendments
F34Reg. 12 inserted (4.2.2013) by The National Health Service (Quality Accounts) Amendment Regulations 2012 (S.I. 2012/3081), regs. 1(2), 9
Signed by authority of the Secretary of State for Health
Mike O'Brien
Minister of State
Department of Health
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