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)

C2C1C3Chapter 6Miscellaneous and General

Annotations:
Modifications etc. (not altering text)
C3

Pt. 1 Ch. 6 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)

Interaction with other authorities

I1I268Avoidance of unreasonable burdens in exercise of regulatory powers

1

The Secretary of State may publish guidance about steps which regulatory authorities may take in exercising relevant powers with a view to avoiding the imposition of unreasonable burdens on those in respect of whom the powers are exercisable.

2

“Regulatory authorities” means—

a

the Commission, and

b

such other bodies as may be prescribed.

3

A body may not be prescribed under subsection (2)(b) unless it has functions relating to the provision of health or social care.

4

“Relevant powers” means powers conferred by or under an enactment to—

a

carry out inspections, or

b

require the provision of information,

but, in relation to a body prescribed under subsection (2)(b), such powers are “relevant powers” only so far as they are exercisable in respect of a person in respect of whom the Commission has relevant powers.

5

The steps mentioned in subsection (1) might include for example—

a

co-operating with other regulatory authorities and co-ordinating the exercise of relevant powers,

b

sharing information or the results of inspections, and

c

seeking to obtain information from other sources before exercising a relevant power to require the provision of that information.

6

In exercising relevant powers, regulatory authorities must have regard to any guidance published under subsection (1).

7

Nothing in this section is intended to limit the scope of a relevant power or affect a person's obligation to comply with a requirement imposed in the exercise of such a power.

8

In this section—

a

“inspections” includes inspections of persons, premises or the carrying on of activities,

b

a reference to a power to carry out inspections includes a reference to any power which is ancillary to that power (such as a power to enter premises or to require assistance), and

c

a reference to a power to require the provision of information includes a reference to a power to require the production of documents, records or other items, a power to require the making of reports and a power to require explanations.