The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

The Care Quality Commission (Registration) Regulations 2009 U.K.

134.—(1) The Care Quality Commission (Registration) Regulations 2009 M1 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in the definition of “health service body”, for “NHS Blood and Transplant or the Health Protection Agency” substitute “ or NHS Blood and Transplant ”, and

(b) after that definition insert—

““local authority” has the same meaning as in section 2B of the National Health Service Act 2006;”.

(3) In regulation 9 (notification to Primary Care Trust, English local authority and Strategic Health Authority)—

(a) for the heading substitute “ Notification ”,

(b) in paragraph (1), for “Primary Care Trust” substitute “ clinical commissioning group ”,

(c) in paragraph (2), for “Primary Care Trust” substitute “ clinical commissioning group ”,

(d) in paragraph (4), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”,

(e) in paragraph (6)(a), for “Primary Care Trust”, in each place where it occurs, substitute “ clinical commissioning group ”,

(f) after paragraph (6) insert—

“(6A) Notice of an application under section 30(1) of the Act must be given to the National Health Service Commissioning Board under section 30(3)(za) of the Act if the application is in respect of a regulated activity that involves, or is connected, with the provision of health care.

(6B) A copy of a notice must be given to the National Health Service Commissioning Board under section 39(1)(za) of the Act if the notice is in respect of a regulated activity that involves, or is connected, with the provision of health care.”, and

(g) omit paragraphs (7) and (8).

(4) In regulation 16 (notification of death of service user)—

(a) in paragraph (2)—

(i) for “health service body”, in the first place where it occurs, substitute “ health service body, a local authority exercising public health functions (within the meaning of the National Health Service Act 2006) ”, and

(ii) in sub-paragraph (a)(ii), after “health service body” insert “ , or local authority exercising public health functions (within the meaning of the National Health Service Act 2006), ”, and

(b) in paragraph (6), for sub-paragraph (a) substitute—

“(a) section 3A (power of clinical commissioning groups as to commissioning certain health services),”.

Marginal Citations

M1 S.I. 2009/3112. The relevant amending instrument is S.I. 2012/921.