The Care Quality Commission (Specified Organisations etc) Order 2010

• Citation: S.I. 2010/496
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Care Quality Commission (Specified Organisations etc) Order 2010 and shall come into force on 9th April 2010.

(2) In this Order “the 2008 Act ” means the Health and Social Care Act 2008.

Section 2 Specified Organisations

(1) Subject to paragraph (2), the following persons or bodies are specified as organisations for the purposes of paragraph 6(3) of Schedule 4 to the 2008 Act (inspections by other inspectors of activities within Commission’s remit)—

(a) an English NHS provider ; and

(b) a person, other than an English NHS provider or an English local authority , who is registered as a service provider under the 2008 Act but only in relation to a regulated activity (within the meaning of Part 1 of the 2008 Act).

(2) The persons and bodies referred to in paragraph (1) are not specified for the purposes of paragraph 6(3) of Schedule 4 to the 2008 Act in relation to the provision of services in—

(a) a prison within the meaning of the Prison Act 1952 ;

(b) a contracted out prison as defined in section 84(4) of the Criminal Justice Act 1991 ;

(c) a young offender institution as defined in section 43(1)(aa) of the Prison Act 1952 ;

(d) a remand centre as defined in section 43(1)(a) of the Prison Act 1952 ;

(e) a removal centre as defined in section 147 of the Immigration and Asylum Act 1999 ; and

(f) a short-term holding facility as defined in section 147 of the Immigration and Asylum Act 1999 .

Section 3 Transitional provision

For the period 9th April 2010 to 30th September 2010, article 2(1) shall be read as if the following were substituted for sub-paragraph (b)—

(b) a person, other than an English NHS provider or an English local authority, registered with the Care Quality Commission under the Care Standards Act 2000 as carrying on an independent hospital, independent clinic, independent medical agency, care home, domiciliary care agency, nurses agency (as defined in that Act) or an adult placement scheme (as defined in the Adult Placement Schemes (England) Regulations 2004) .

Section 4 Excluded inspections

The following cases are those in which a notice may not be given under paragraph 6 of Schedule 4 to the 2008 Act (inspections by other inspectors of activities within Commission’s remit)—

(a) an inspection carried out by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills under section 49 or 60 of the Childcare Act 2006 (inspections) ; and

(b) a review carried out under section 20 of the Children Act 2004 (joint area reviews) .