C2C1C4C5Part 1The Care Quality Commission

Annotations:
Modifications etc. (not altering text)
C4

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C5

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C3Chapter 3Quality of health and social care

Annotations:
Modifications etc. (not altering text)
C3

Pt. 1 Ch. 3 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)

Reviews and investigations

I1I248Special reviews and investigations

1

The Commission may F5...conduct any special review or investigation, and must do so if the Secretary of State so requests F6; but the Commission may not conduct a review or investigation under subsection (2)(ba) or (bb) without the approval of the Secretary of State..

F71A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

A special review or investigation is a review (other than F8 a review under section 46F13, 46AF16or 46B) of or an investigation into—

a

the provision of NHS care,

b

the provision of adult social services,

F1ba

the exercise of the functions of F11NHS England or F12an integrated care board in arranging for the provision of NHS care under the National Health Service Act 2006 F3 or section 117 of the Mental Health Act 1983 (after-care),

F9bb

the exercise of the functions of English local authorities in arranging for the provision of adult social services, or

c

the exercise of functions by English Health Authorities.

3

Such a review or investigation may relate—

a

to the overall provision of NHS care or adult social services or to the provision of NHS care or adult social services of a particular description;

b

to the overall exercise of functions or to the exercise of functions of a particular description;

c

to the provision of care or services or the exercise of functions by bodies or persons generally or by particular bodies or persons.

F43A

A review or investigation under subsection (2)(b), in so far as it involves a review or investigation into the arrangements made for the provision of the adult social services in question, is to be treated as a review F14or investigation under subsection (2)(bb) (and the requirement for approval under subsection (1) is accordingly to apply).

4

Where the Commission conducts a review or investigation under this section, it must publish a report.

5

The Commission must consider whether the report raises anything on which it ought to give advice to the Secretary of State under section 53(2).

6

If the review or investigation gives rise to a duty to act under section 50(2) F15... in respect of an English local authority, subsection (5) does not apply in relation to so much of the report as relates to that local authority.

F107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

In this section “English Health Authority” means—

F2a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

a Special Health Authority performing functions only or mainly in respect of England.