Care Act s81-90

Section 81 – Duty of candour

In section 20 of the Health and Social Care Act 2008 (regulation of regulated
activities), after subsection (5) insert—

“(5A) Regulations under this section must make provision as to the provision of information in a case where an incident of a specified description affecting a person’s safety occurs in the course of the person being provided with a service.”

The Government’s Explanatory Notes to the Bill for this Act say as follows:

“Section 81 amends section 20 of the 2008 Act (regulation of regulated activities), by inserting a new subsection (5A). This new subsection provides that regulations made by the Secretary of State under section 20 must include a duty of candour on providers of health care and adult social care services registered with the CQC.  This duty will means that such providers will be required to ensure that patients and service users are told when something unexpected or unintended occurs in the course of their care or treatment, helping to ensure that honesty and transparency are the norm in every organisation overseen by the CQC. The details of the duty, including when it will apply and what information is to be given to patients or service users, will be included in the regulations.”

 

Section 82 – Warning notice

(1)  In section 29 of the Health and Social Care Act 2008 (warning notice), after subsection (1) insert—

“(1A) But a warning notice under this section may not be given to an NHS trust established under section 25 of the National Health Service Act 2006 or an NHS foundation trust.”

(2)  In subsections (2) and (3)(a) of that section, after “warning notice” insert “under this section”.

(3)  After that section insert—

“29A Warning notice: quality of health care

(1)  If it appears to the Commission that the quality of health care provided by an NHS trust established under section 25 of the National Health Service Act 2006 or by an NHS foundation trust requires significant improvement, the Commission may give the trust a warning notice.

(2)  A warning notice under this section is a notice in writing—

(a)  stating that the Commission has formed the view that the quality of health care provided by the trust requires significant improvement,
(b)  specifying the health care concerned,
(c)  giving the Commission’s reasons for its view, and
(d)  requiring the trust to make a significant improvement to the quality of the health care concerned within a specified time.

(3)  Where a warning notice under this section imposes more than one requirement under subsection (2)(d), it may specify different times for different requirements.

(4)  The Commission must—

(a)  where the notice specifies only one time under subsection (2)(d), determine at the end of that time whether the requirement has been complied with;
(b)  where the notice specifies more than one time under subsection (2)(d), determine at the end of the latest of those times, whether the requirements have been complied with.

(5)  Where, having carried out the duty under subsection (4), the Commission is satisfied that a requirement to which the notice relates has not been complied with, it—

(a)  must decide what action to take in relation to the trust, and (b) in so deciding in the case of an NHS foundation trust, must consider in particular whether to require Monitor to make an order under section 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).”

(4)  In each of the following provisions of that Act, after “section 29” insert “or 29A”—

(a)  section 32(1)(a) (decisions against which appeal may not be made to the First-tier tribunal),
(b)  section 39(2)(c) (bodies required to be given certain notices), and
(c)  section 89(1)(e) and (2) (publication of information relating to enforcement action).

(5)  In section 88(1)(d) of that Act (guidance issued by the Commission about enforcement action), for “section 29” substitute “sections 29 and 29A”.
The Government’s Explanatory Notes to the Bill for this Act say as follows:

“This section makes amendments to the powers of the Care Quality Commission (CQC) to issue warning notices to NHS trusts and NHS foundation trusts.

Warning notices under section 29 of the 2008 Act will no longer be able to be issued to NHS Trusts and NHS foundation trusts (subsection (1)). Instead, where it appears to the CQC that the quality of health care services provided by a trust requires significant improvement, the CQC will be able to highlight these areas in a new form of warning notice. This notice will be given under a new section 29A of the 2008 Act (subsection (3)).

The new warning notice will state the reasons for the CQC’s view that significant improvement is needed and require that improvements in the quality of services are delivered within a specified time. If the notice deals with multiple failings, the CQC will be able to specify a different time period for improvement in relation to each failing. The CQC will not prescribe the action that is to be taken to address significant failures in the quality of health care services.

At the end of the time period specified in the notice (or, where the notice specifies more than one time period, the latest of the specified periods) the CQC must review whether the requirements specified in the notice have been met.  Where the CQC is not satisfied that the requirements have been complied with it must review what, if any, further action to take in respect of the trust.  In the case of an NHS foundation trust, the CQC’s review must include use of its power to require Monitor to put the trust into special administration under section 65D(2) of the National Health Service Act 2006.”

 
Section 83 – Imposition of licence conditions on NHS foundation trusts

(1)  Section 111 of the Health and Social Care Act 2012 (imposition by Monitor of licence conditions on NHS foundation trusts during transitional period) is amended as follows.

(2)  After subsection (2) insert—

“(2A)  Where a warning notice under section 29A of the Health and Social Care Act 2008 is given to an NHS foundation trust, Monitor may
include in the trust’s licence such conditions as it considers appropriate in connection with the matters to which the notice relates.”

(3)  In subsections (3) to (5) and (7) to (9), after “subsection (1)” in each place it appears insert “or (2A)”.

The Government’s Explanatory Notes to the Bill for this Act say as follows:

“This section amends section 111 of the Health and Social Care Act 2012 (imposition of licence conditions on NHS foundation trusts) (the 2012 Act) to extend Monitor’s powers to be able to impose additional licence conditions on foundation trusts. Monitor will be able to impose additional licence conditions on a foundation trust when the CQC has issued a warning notice to that trust requiring it to make a significant improvement to the quality of the health care provided by it (subsection (2)). At present Monitor can only make use of these powers if there is a failure in governance of a foundation trust.

Where there was a breach of any such additional licence conditions by the NHS foundation trust concerned, Monitor’s powers to suspend or remove directors or governors under section 111(5) of the 2012 Act would also apply (subsection (3)). In the event of health care services provided by the trust requiring significant improvement, Monitor will, as a result, be able to take timely action to make changes to leadership or governance with the intention of securing improvements to those services.”

 

 

Section 84 – Trust special administration: appointment of administrator

(1)  In section 65D of the National Health Service Act 2006 (NHS foundation trusts: appointment of trust special administrator), in subsection (1)—

(a)  after “satisfied that” insert “—
(a)  ”, and
(b)  at the end insert “, or
(b)  there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be provided under this Act and it is appropriate to make an order under subsection (2).”

(2)  After that subsection insert—

“(1A)  This section also applies if the Care Quality Commission—

(a)  is satisfied that there is a serious failure by an NHS foundation trust to provide services that are of sufficient quality to be
provided under this Act and that it is appropriate to make an order under subsection (2),
(b)  informs the regulator that it is satisfied as mentioned in paragraph (a) and gives the regulator its reasons for being so
satisfied, and
(c)  requires the regulator to make an order under subsection (2).”

(3)  In subsection (2) of that section, after “The regulator may” insert “or, where this section applies as a result of subsection (1A), must”.

(4)  After subsection (3) of that section insert—

“(3A)  Before imposing a requirement as mentioned in subsection (1A)(c), the Care Quality Commission must—

(a)  consult the Secretary of State and the regulator, and
(b)  having done that, consult—
(i)  the trust,
(ii)  the Board, and
(iii)  any other person to which the trust provides services under this Act and which the Commission considers it appropriate to consult.”

(5)  In subsection (4) of that section, after “making an order under this section” insert “(except where it is required to do so as a result of subsection (1A))”.

(6)  In section 65N of that Act (guidance for trust special administrators), after subsection (3) insert—

“(3A)  Before publishing guidance under this section, the Secretary of State must consult the Care Quality Commission.”

(7)  In subsection (4) of that section, for “the reference in subsection (1) to the Secretary of State is to be read as a reference” substitute “the references in subsections (1) and (3A) to the Secretary of State are to be read as references”.

(8)  In paragraph 24 of Schedule 14 to the Health and Social Care Act 2012
(abolition of NHS trusts in England: consequential amendments to section 65N of the National Health Service Act 2006), after sub-paragraph (2) insert—

“(2A)  In subsection (3A), for “the Secretary of State” substitute “the regulator”.”

The Government’s Explanatory Notes to the Bill for this Act say as follows:

“This section amends section 65D of the National Health Service Act 2006 (NHS foundation trusts: appointment of trust special administrator). The amendment will enable Monitor to make an order to authorise the appointment of a trust special administrator where it, or the CQC, is satisfied that there is a serious failure by an NHS foundation trust to provide health care services of sufficient quality and it is appropriate to make the order (subsections (2) and (3)). At present Monitor is only able to authorise the appointment of a trust special administrator in cases of insolvency.

Monitor may make an order when it is so satisfied, but must make the order when required to do so by the CQC.  Before requiring Monitor to make an order for the appointment of an administrator, the CQC will need to consult first the Secretary of State and Monitor, and then the foundation trust, the NHS Commissioning Board and any other person, for example a clinical commissioning group, to which the foundation trust provides services (subsection (4)).”

 

 

Section 85 – Trust special administration: objective, consultation and reports

(1)  In section 65DA of the National Health Service Act 2006 (objective of trust special administration), in subsection (1), after paragraph (a) (but before the following “and”) insert—

“(aa)  that the services whose continuous provision is secured as mentioned in paragraph (a) are of sufficient safety and quality to be provided under this Act,”.

(2)  After subsection (5) of that section insert—

“(5A)  Before publishing guidance under subsection (4)(c), the regulator must Consult the Care Quality Commission.”

(3)  In section 65F of that Act (administrator’s draft report), in subsection (2)—

(a)  omit the “and” preceding paragraph (b), and
(b)  after that paragraph insert “, and
(c)  the Care Quality Commission.”

(4)  In subsection (5) of that section, in paragraph (a), for “65DA” substitute “65DA(1)(a)”.

(5)  After that subsection insert—

“(5A)  Nor, in the case of an NHS foundation trust, may the administrator provide the draft report to the regulator under subsection (1) without
having obtained from the Care Quality Commission a statement that it considers that the recommendation in the draft report would achieve
that part of the objective set out in section 65DA(1)(aa).”

(6)  In subsection (6) of that section—

(a)  after “Where the Board” insert “or the Care Quality Commission”,
(b)  for “to that effect” substitute “to the effect mentioned in subsection (5) or (5A)”, and
(c)  after “, the Board” insert “or (as the case may be) the Commission”.

(7)  In section 65G of that Act (consultation plan), in subsection (4), in paragraph (a), for “65DA” substitute “65DA(1)(a)”.

(8)  After that subsection insert—

“(4A)  Nor may the administrator make a variation to the draft report following the consultation period without having obtained from the
Care Quality Commission a statement that it considers that the recommendation in the draft report as so varied would achieve that
part of the objective set out in section 65DA(1)(aa).”

(9)  In subsection (5) of that section—

(a)  after “Where the Board” insert “or the Care Quality Commission”,
(b)  for “to that effect” substitute “to the effect mentioned in subsection (4) or (4A)”, and
(c)  after “, the Board” insert “or (as the case may be) the Commission”.

(10)  In section 65H of that Act (consultation requirements)—

(a)  in subsection (7), after paragraph (b) insert—
“(ba) the Care Quality Commission;”, and
(b)  in subsection (9), after “subsection (7)(b),” insert “(ba),”.

(11)  In section 65KB of that Act (Secretary of State’s response to regulator’s decision), in subsection (1), after paragraph (c) insert—

“(ca)  that the Care Quality Commission has discharged its functions for the purposes of this Chapter,”.

(12)  In subsection (2) of that section, in paragraph (b), after “the regulator” insert “and the Care Quality Commission”.

(13)  In section 65KD of that Act (Secretary of State’s response to re-submitted final report), in subsection (3), for “(8)” substitute “(8A)”.

(14)  After subsection (8) of that section insert—

“(8A)  If the notice states that the Care Quality Commission has failed to discharge a function—

(a)  the Care Quality Commission is to be treated for the purposes of this Act as having failed to discharge the function, and
(b)  the failure is to be treated for those purposes as significant (and section 82 of the Health and Social Care Act 2008 applies
accordingly).”

(15)  In paragraph 15(4) of Schedule 14 to the Health and Social Care Act 2012 (abolition of NHS trusts in England: consequential amendments to section 65F of the National Health Service Act 2006)—

(a)  in the new subsection (2A) to be inserted by paragraph 15(4), in paragraph (a), for “65DA” substitute “65DA(1)(a)”,
(b)  after that new subsection, insert—

“(2AA)  Nor may the administrator provide the draft report to the regulator under subsection (1) without having obtained from the Care Quality Commission a statement that it considers that the recommendation in the draft report would achieve that part of the objective set out in section 65DA(1)(aa).”,

and

(c)  in the new subsection (2B) to be inserted by paragraph 15(4)—

(i)  after “Where the Board” insert “or the Care Quality Commission”,
(ii)  for “to that effect” substitute “to the effect mentioned in subsection (2A) or (2AA)”, and
(iii)  after “, the Board” insert “or (as the case may be) the Commission”.

The Government’s Explanatory Notes to the Bill for this Act say as follows:

“This section amends provisions in Chapter 5A of Part 2 of the National Health Service Act 2006 (in relation to trust special administrators for NHS foundation trusts) to bring within coverage the quality and safety of health care services. To achieve this, the objective of trust special administration, as laid down in section 65DA, has been broadened to include an additional requirement for the services, whose continuous provision is to be secured through special administration, to be of sufficient safety and quality (subsection (1)). The objective will apply to any foundation trust in special administration regardless of whether the order was made to resolve a financial failure or a serious failure to provide services of sufficient quality. In particular, subsection (2) provides for the CQC to be added to the list in section 65F of persons that must be consulted before the trust special administrator provides a draft report to Monitor recommending the action to be taken by Monitor in relation to the trust. Also, the administrator may not provide a draft report to Monitor, under section 65F or 65G, unless the administrator has first obtained a statement from the CQC that the part of the objective relating to the quality of services has been met (subsections (3) and (5)). The intention is to ensure that the CQC is satisfied that the services which are to be continued to be provided by the foundation trust are of sufficient safety and quality.  Additionally, when considering the final report from the trust special administrator under section 65KB (or the re-submitted report under section 65KD), the Secretary of State must also be satisfied that the CQC has discharged its functions for the purposes of Chapter 5A (subsection (8)). If, on considering a re-submitted final report, the Secretary of State is not satisfied that the CQC has discharged its functions, the Secretary of State is able to use his powers under section 82 of the 2008 Act (failure by the CQC in discharge of functions) to intervene, which includes power to direct the CQC as to the carrying out of its functions (subsection (14)). Subsection (15) ensures that these provisions apply correctly once all NHS trusts have been abolished.”

 

 

Section 86 – Restriction on applications for variation or removal of conditions

(1)  Section 19 of the Health and Social Care Act 2008 (applications by registered persons to the Care Quality Commission for variation or removal of
conditions, etc.) is amended as follows.

(2)  In subsection (1), after “Except in case A or B” insert “and subject to subsections (3A) to (3F)”.

(3)  After subsection (3) insert—

“(3A)  R may not apply under subsection (1)(a) for the variation of a condition where either subsection (3B) or (3C) applies.

(3B)  This subsection applies where—

(a)  the Commission has given R notice under section 26(4)(c) of a proposal to make that variation (or a variation which would
have substantially the same effect as that variation), and (b)  the Commission has not decided not to take that step.

(3C)  This subsection applies where—

(a)  the Commission has given R notice under section 28(3) of its decision to make that variation (or a variation which would
have substantially the same effect as that variation), and (b)  either the time within which an appeal may be brought has not
expired or, if an appeal has been brought, it has not yet been determined.

(3D)  R may not apply under subsection (1)(a) for the removal of a condition where either subsection (3E) or (3F) applies.

(3E)  This subsection applies where—

(a)  the Commission has given R notice under section 26(4)(c) of a proposal to remove that condition, and
(b)  the Commission has not decided not to take that step.

(3F)  This subsection applies where—

(a)  the Commission has given R notice under section 28(3) of its decision to remove that condition, and
(b)  either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.”

(4)  The amendments made by this section do not affect any application made
under section 19(1)(a) of the Health and Social Care Act 2008 before the day on which those amendments come into force.

The Government’s Explanatory Notes to the Bill for this Act say as follows:

“This section makes an amendment to section 19 of the 2008 Act. The amendment will have the effect of prohibiting providers registered with the CQC from making an application to vary or remove a condition on their registration if the CQC has already served a notice of proposal or a notice of decision to change the conditions of registration in the same way.

This addresses an inconsistency in the way that the CQC is able to use its enforcement powers in respect of facilities that do not meet the essential levels of safety and quality set out in the regulations under section 20 of the 2008 Act.  Where the CQC has commenced enforcement action to close down a single location of a provider that operates from several sites, the provider may be able to avoid this enforcement action by making an application under section 19 to vary the conditions of its registration to remove the location.  This is not possible in cases where the registered provider only carries on a regulated activity from a single location. In these instances, the CQC would cancel the provider’s registration. Under section 19(2) and (3) of the 2008 Act the provider is prohibited from making an application to cancel its registration where the CQC has commenced proceedings to cancel the registration.”

 

Section 87 – Rights of appeal

(1)  In section 26 of the Health and Social Care Act 2008 (registration procedure: notice of proposals), after subsection (4) insert—

“(4A) Where a proposal under subsection (4) names an individual and specifies action that the Commission would require the registered
person to take in relation to that individual, the Commission must give that individual notice in writing of the proposal.”

(2)  In section 28 of that Act (notice of decisions), in subsection (6), for “subsection (7)” substitute “subsections (7) to (9)”.

(3)  In that section, after subsection (7) insert—

“(8)  But in a case where notice of the proposal has been given to an individual under section 26(4A) subsection (7) does not apply unless,
by the time the Commission receives the applicant’s notification, it has received notification from the individual that he or she does not intend
to appeal.

(9)  And if the Commission receives notification from the individual after it receives the applicant’s notification and before the end of the period
mentioned in subsection (6)(a), the decision is to take effect when the Commission receives the individual’s notification.”

 

Section 88 – Unitary board

(1)  In paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 (membership of the Care Quality Commission), in sub-paragraph (1)—

(a)  after paragraph (a), omit “and”, and
(b)  at the end of paragraph (b) insert “,
(c)  a chief executive appointed by the members appointed under paragraphs (a) and (b), and
(d)  other members appointed by the members appointed under paragraphs (a) and (b)”.

(2)  After that sub-paragraph, insert—

“(1A)  The members appointed under sub-paragraph (1)(a) and (b)—

(a)  are not employees of the Commission, and
(b)  are referred to in this Schedule as the “non-executive members”.

(1B)  The members appointed under sub-paragraph (1)(c) and (d)—

(a)  are employees of the Commission, and
(b)  are referred to in this Schedule as the “executive members”.

(1C)  The number of non-executive members must exceed the number of executive members.”

(3)  In sub-paragraph (2) of that paragraph—

(a)  for “sub-paragraph (1)”, substitute “sub-paragraph (1)(a) and (b)”, and
(b)  for “the members”, substitute “the non-executive members”.

(4)  In sub-paragraph (3) of that paragraph, for “any other member”, substitute “any other non-executive member”.

(5)  In sub-paragraph (4) of that paragraph—

(a)  in paragraph (a)—

(i)  for “other members”, substitute “other non-executive members”, and
(ii)  for “of members who may be appointed”, substitute “of such members who may be appointed”,

(b)  after paragraph (a), omit “and”,

(c)  in paragraph (b), for “other members”, substitute “other non-executive members”, and

(d)  after paragraph (b), insert—

“(c)  the limits on the total number of members who may be appointed, and
(d)  the minimum total number of members who must be appointed”.

(6)  In paragraph 4 of that Schedule (the cross-heading preceding which becomes
“Remuneration and allowances for non-executive members”), in subparagraphs (1) and (2), for “any other member”, substitute “any other nonexecutive member”.

(7)  In paragraph 5 of that Schedule (employees), omit sub-paragraph (1).

(8)  In sub-paragraph (2) of that paragraph, for “such other employees”, substitute “such employees (in addition to the executive members appointed by the nonexecutive members)”.
The Government’s Explanatory Notes to the Bill for this Act say as follows:

“Section 88 amends provisions relating to the membership of the CQC.  Under paragraph 3 of Schedule 1 to the 2008 Act all members of the CQC must be appointed by the Secretary of State. Subsection (1) amends paragraph 3 of Schedule 1 so that the Secretary of State only appoints the Chair and other non-executive members whilst the CQC appoints its own executive members (including the Chief Executive) without the involvement of the Secretary of State.  Subsection (2) defines “non-executive members” and “executive members” and provides that the number of non-executive members must exceed the number of executive members.

Subsections (3) to (8) make further amendments to Schedule 1 to the 2008 Act to clarify where necessary which provisions apply to non-executive members only, executive members only, or both.  For example, subsections (4) and (5) make amendments to the Secretary of State‘s regulation-making powers in paragraph 3 of Schedule 1 to the 2008 Act so that any regulations relating to the appointment, suspension and termination relate only to non-executive members, whilst the power to make regulations to limit the number of members may apply to both executive and non-executive members. This is intended to ensure that the CQC’s Board remains at an appropriate size as set in regulations and to ensure that the non-executive members appointed have the requisite skills and knowledge.

Subsections (7) and (8) make amendments to paragraph 5 of Schedule 1 to the 2008 Act to clarify that since executive members are employees and the CQC appoints its employees on such terms and conditions as it considers appropriate, it will accordingly also determine the terms and conditions of its appointment of executive members.”

 

 

Section 89 – Chief Inspectors

After paragraph 3 of Schedule 1 to the Health and Social Care Act 2008 insert—

“Chief Inspectors

3A  (1)  The non-executive members must—

(a)  appoint an executive member to be the Chief Inspector of Hospitals,
(b)  appoint an executive member to be the Chief Inspector of Adult Social Care, and
(c)  appoint an executive member to be the Chief Inspector of General Practice.

(2)  Each of those executive members is to exercise such functions of the Commission on its behalf as it determines.

(3)  When exercising functions under sub-paragraph (2), an executive member must have regard to the importance of safeguarding and promoting the Commission’s independence from the Secretary of State.”

The Government’s Explanatory Notes to the Bill for this Act say as follows:

“This section inserts a new paragraph 3A of Schedule 1 to the 2008 Act which places a duty on the non-executive members of CQC to appoint a Chief Inspector of Hospitals, a Chief Inspector of Adult Social Care and a Chief Inspector of General Practice as executive members of the CQC Board.

Subsection (2) makes provision for CQC to determine the functions each Chief Inspector will exercise on its behalf.  Subsection (3) places a requirement on the Chief Inspectors to perform their roles in a way that safeguards and promotes CQC’s independence.”

 

 

Section 90 – Independence of the Care Quality Commission

(1)  Part 1 of the Health and Social Care Act 2008 (the Care Quality Commission) is amended as follows.

(2)  In section 48 (special reviews or investigations), omit subsection (7) (Secretary of State’s power to make regulations as to procedure for representations before publication of report).

(3)  In section 54 (studies as to economy, efficiency etc), in subsections (1) and (3), omit “, with the approval of the Secretary of State,”.

(4)  After subsection (2) of that section, insert—

“(2A)  The Commission may not exercise the power under subsection (1)(a), so far as it relates to the activity mentioned in subsection (2)(d), without the approval of the Secretary of State.”

(5)  In section 55 (publication of results of studies under section 54), omit subsection (2) (Secretary of State’s power to make regulations as to procedure for representations before publication of report).

(6)  In section 57 (reviews of data, studies and research), in subsection (1), omit  – “with the approval of the Secretary of State,”.

(7)  In section 61 (inspections carried out for registration purposes), omit—

(a)  subsection (1) (Secretary of State’s power to make regulations specifying frequency etc. of inspections), and
(b)  subsection (4) (Secretary of State’s power to make regulations as to procedure for representations before publication of report).

(8)  In section 83 (annual reports), omit subsection (3) (Secretary of State’s power to direct preparation of separate reports).

(9)  In paragraph 5 of Schedule 4 (inspection programmes etc.), omit—

(a)  in sub-paragraph (1) (preparation of programme etc.), “, or at such times as the Secretary of State may specify by order,”, and
(b)  sub-paragraph (3) (Secretary of State’s power to specify form of programme etc.).

(10)  In consequence of subsections (3) and (6), omit section 293(3) and (4) of the Health and Social Care Act 2012.

 

The Government’s Explanatory Notes to the Bill for this Act say as follows:

“This section repeals or amends several of the Secretary of State’s powers in the 2008 Act that could constrain CQC’s operational autonomy.

This section, and section 91 in part, repeal: powers to prescribe, by regulations, CQC’s inspection programme and methodology; powers (inserted by the Health and Social Care Act 2012) to approve reviews, investigations and studies CQC wish to undertake into the provision of care; powers to prescribe, by regulations, CQC publication procedures for compliance and investigation reports, reviews and studies; and a power to direct CQC regarding the content of its annual report on the state of health and adult social care services.

Powers to set the legal framework for CQC, to appoint the non-executive members of the CQC Board, to approve CQC’s remuneration policy and to intervene if CQC fails to properly discharge any of its function will remain.”

 

 

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