The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 No. 462 (C. 31)

SCHEDULE 5 Minor and Consequential Amendments

The Controlled Drugs (Supervision of Management and Use) Regulations 2006

23.  The Controlled Drugs (Supervision of Management and Use) Regulations 2006(1) are amended as follows—

(a) in regulation 2 (interpretation), in paragraph (1) omit the entry for “Healthcare Commission” and for the entry for “Commission for Social Care Inspection” substitute—

““Care Quality Commission” means the Care Quality Commission established under section 1 of the Health and Social Care Act 2008;”;

(b) in regulation 4 (appointment of accountable officers and national lists)—

(i) in paragraph (2) for “Head of Operations of the Healthcare Commission” substitute “Director of Operations of the Care Quality Commission”, and

(ii) in paragraph (3) for “Healthcare Commission” substitute “Care Quality Commission”;

(c) in regulation 12 (powers to require self-declarations and self-assessments, as part of accountable officers’ monitoring and auditing arrangements or otherwise) omit paragraph (2) and for paragraph (3) substitute—

“The Care Quality Commission may request an appropriate periodic declaration and an appropriate self-assessment from any registered person that provides health care or from a registered provider that carries on an English care home.”;

(d) in regulation 16 (accountable officers to assess and investigate concerns), in paragraph (3)(b), for “Healthcare Commission” substitute “Care Quality Commission” and omit sub-paragraph (d);

(e) in regulation 18 (accountable officers to establish arrangements for sharing information), in paragraph (3), in sub-paragraph (a)(v), for “Healthcare Commission,” substitute “Care Quality Commission, and” and omit sub-paragraph (a)(vi);

(f) in regulation 19 (accountable officers to carry out periodic inspections), in paragraph (1), in sub-paragraph (b)(i), for “Healthcare Commission,” substitute “Care Quality Commission, or” and omit sub-paragraph (b)(ii);

(g) in regulation 21 (inspections of private dwellings not requiring the presence of a constable), in paragraph (a) for “Commission for Social Care Inspection” substitute “Care Quality Commission”; and

(h) in regulation 22 (responsible bodies for the purposes of this Part), in paragraph (1) for sub-paragraph (g) substitute “the Care Quality Commission” and omit sub-paragraph (h).

(1)

S.I. 2006/3148, to which there is an amendment not relevant to this Order.