The Care Quality Commission (Membership) Regulations 2015

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Care Quality Commission (Membership) Regulations 2015 and come into force on 1st September 2015.

(2) In these Regulations—

“NHS Act 2006” means the National Health Service Act 2006(1);

“NHS Body” means—

(a)

an English NHS body(2);

(b)

the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG)(3);

(c)

Monitor(4);

(d)

the Wales Centre for Health(5);

(e)

a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006(6);

(f)

a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006;

(g)

a Special Health Authority established under section 22 of the National Health Service (Wales) Act 2006(7);

(h)

a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978(8);

(i)

the Scottish Dental Practice Board constituted under section 4 of the National Health Service (Scotland) Act 1978(9);

(j)

the Common Services Agency for the Scottish Health Service constituted under section 10 of the National Health Service (Scotland) Act 1978(10);

(k)

Healthcare Improvement Scotland constituted under section 10A of the National Health Service (Scotland) Act 1978(11);

(l)

a National Health Service trust constituted under section 12A of the National Health Service (Scotland) Act 1978(12);

(m)

a special health and social care agency established under article 3 of the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990(13);

(n)

a Health and Social Care trust established under article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(14);

(o)

the Health and Social Care Regulation and Quality Improvement Authority established under article 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(15);

(p)

the Regional Health and Social Care Board established by section 7 of the Health and Social Care (Reform) Act (Northern Ireland) 2009(16);

(q)

the Regional Agency for Public Health and Social Well-Being established by section 12 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

(r)

the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

“performers list” means a list published in accordance with the Performers Lists Regulations;

“Performers Lists Regulations” means the National Health Service (Performers Lists) (England) Regulations 2013(17);

“pharmaceutical list” means a list published in accordance with regulations made under section 129(2)(a) of the NHS Act 2006(18).

(1)

2006 c.41.

(2)

See section 97(1) of the Health and Social Care Act 2008 for the definition of “English NHS body”.

(3)

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) was established by S.I. 2005/2414.

(4)

Monitor is the body corporate, formerly known as the Independent Regulator of NHS Foundation Trusts, continued under section 61 of the Health and Social Care Act 2012 (c.7).

(5)

See section 2 of the Health (Wales) Act 2003 (c.4).

(6)

2006 c.4.

(7)

Section 22 of the National Health Service (Wales) Act 2006 (c.4) was amended by the Health and Social Care Act 2012, section 97 and paragraphs 12 and 18 of Schedule 21.

(8)

1978 c.29. Section 2 was amended by section 14(2) of, and paragraph 1 of Schedule 7 to, the Health and Social Services and Social Security Adjudications Act 1983 (c.41), sections 28 and 66 of, and paragraph 19 of Schedule 9 and paragraph 1 of Schedule 10 to, the National Health Service and Community Care Act 1990 (c.19), paragraph 1 of Schedule 1 to the National Health Service Reform (Scotland) Act 2004 (asp 7), paragraph 2 of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) and section 2 of the Health Boards (Membership and Elections) (Scotland) Act 2009 (asp 5).

(9)

Section 4 was amended by sections 12 and 25 of, and Schedule 3 to, the Health and Medicines Act 1988 (c.49) and paragraph 2 of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13).

(10)

Section 10 was amended by paragraph 2 of Schedule 6 to the Health Services Act 1980 (c.53), section 66(2) and paragraph 1 of Schedule 10 to the National Health Service and Community Care Act 1990 (c.19), section 65(1) and paragraph 44 of Schedule 4 to the Health Act 1999 (c.8), paragraph 2 of Schedule 2 to the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13) and section 63 of the Public Bodies (Joint Working) (Scotland) Act 2014 (asp 9).

(11)

Section 10A was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

(12)

Section 12A was inserted by section 31 of the National Health Service and Community Care Act 1990 and amended by paragraph 34 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (c.46) and sections 46, 48 and 65(1) of, and paragraph 45 of Schedule 4 to, the Health Act 1999.

(13)

S.I. 1990/247 (N.I. 3). The name “special health and social care agency” was given by section 1(4) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 c.1 (NI).

(14)

S.I. 1991/194 (N.I. 1). The name “Health and Social Care trust” was given by section 1(3) of the Health and Social Care (Reform) Act (Northern Ireland) 2009.

(15)

S.I. 2003/431. Article 3 was amended by paragraph 1(1)(a) and (b) of Schedule 1 to the Health and Social care (Amendment) Act (Northern Ireland) 2014 c.5 (NI). The name “Health and Social Care Regulation and Quality Improvement Authority” was given by section 1(2) of the Health and Social care (Reform) Act (Northern Ireland) 2009.

(16)

2009 c.1 (NI).

(17)

S.I. 2013/335.

(18)

Section 129(2)(a) was amended by paragraph 66 of Schedule 4 to the Health and Social Care Act 2012.